A section of the U.S.-Mexico border wall near El Paso, Texas, on June 6, 2024. (Photo by Ariana Figueroa/States Newsroom)
The federal government will seek to exempt itself from more than two dozen federal laws in an effort to build border barriers faster along more than 100 miles of New Mexico’s border with Mexico.
In a Wednesday announcement published in the Federal Register, Department of Homeland Security Director Kristi Noem said the effort to build between Sunland Park to the eastern edge of the state’s bootheel, near Antelope Wells is in effect as of Oct. 8.
“There is presently an acute and immediate need to construct additional physical barriers and roads in the vicinity of the border of the United States in order to prevent unlawful entries,” the order stated.
The order further waives requirements for the construction to follow 27 federal laws, including the Endangered Species Act, Clean Water Act and National Environmental Policy Act. This is similar to other waivers to speed up border wall construction projects in Arizona and New Mexico, including Mount Cristo Rey.
Noem recently visited the border at Santa Teresa to deliver news that the administration would paint the barriers black to burn people’s skin and deter crossing. At that event, officials noted that border crossings were down 98% from a high in 2023 of 2,400 people crossing the border to only an average of 39 people apprehended crossing the border region in 2025.
U.S. Rep. Gabe Vasquez (D-NM) whose district encompasses the state’s southern border, did not immediately respond to an emailed request for comment Wednesday.
Environmental groups said the order would devastate fragile ecosystems, fragment habitat and cut the public out from the process.
Laiken Jordahl, Southwest conservation advocate based in Tucson at the Center for Biological Diversity, told Source NM that for bighorn sheep, cougars and other animals living in the area the habitat fragmentation will be “devestating.”
“I mean, basically, they could show up tomorrow with bulldozers and break ground without consulting any wildlife experts, historical experts, or any of the tribes that have resources in these areas,’ he said. “The waiver gives them just an unbelievable amount of power to inflict as much damage as possible as zero accountability.”
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