Department of Homeland Security – Border Barrier Construction and Obligations. GAO Technical Report April, 2024.
Department of Homeland Security – Border Barrier Construction and Obligations. [pdf]Paper  abstract   bibtex   2 downloads  
Addresses whether DHS complied with the Impoundment Control Act in the wake of President Biden’s direction to pause border wall construction. Concludes that DHS has continued to incur obligations against the 2018-2024 appropriations at a rate consistent with the law. Also notes “that nothing in the Impoundment Control Act requires the Secretary of homeland Security to expedite barrier construction by exercising his discretionary authority to waive legal requirements. The Secretary has statutory authority to waive all legal requirements where determined necessary to ensure expeditious construction of barriers along the border. B-333110, June 15, 2021. Crucially, this broad authority is discretionary. IIRIRA provides the Secretary with a ‘choice of whether to waive any laws and, if so, which laws to waive.” [cite omitted] p. 8.

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