The Biden administration announced Oct. 4 that it has waived 26 federal laws in an area of South Texas by executive order to allow border wall construction—a tactic often used during the Trump presidency. The Department of Homeland Security posted the waiver on the Federal Registry, affecting a "high illegal entry" sector in Starr County, Tex. According to government data, about 245,000 illegal entries have been recorded in this sector during the current fiscal year. The Clean Air Act, Safe Drinking Water Act and Endangered Species Act are among the laws suspended by the order.

Despite the waiver, President Joe Biden argued that Congress gave him no choice in the move, as funds for construction of that sector of border wall had already been allocated before he took office: "The money was appropriated for the border wall. I tried to get them to re-appropriate, to redirect that money. They didn't. They wouldn't. And, in the meantime, there's nothing under the law other than they have to use the money for whatever is appropriated. I can't stop that."

However, the White House also referred to the barrier as an urgent necessity to stop illegal entries in that sector of South Texas. During the 2020 presidential campaign, Biden had promised: "There will not be another foot of wall constructed in my administration." (AP, PBS NewsHour, PBS NewsHour, PRI)