Dozens of environmental laws were waived in Hidalgo and Starr counties along 13 tracts of the Lower Rio Grande Valley National Wildlife Refuge.

The Department of Homeland Security issued the waiver on Aug. 26 in an effort to speed up the construction of approximately five miles of new 30-foot-tall border wall, DHS said.

It’s part of a project to build 100 miles of new border wall across the southwest border.

As part of the waiver, the federal government will no longer have to follow several federal laws such as the Endangered Species Act, the National Environmental Protection Act, the Clean Water Act, the Native Americans Protection and Repatriation Act and the Migratory Bird Conservation Act.

In a news release, DHS said the waivers are “critical steps to secure the southern border and reinforce our commitment to border security.” 

Bekah Hinojosa, co-founder of the South Texas Environmental Justice Network, said the construction will result in a “huge ecological disaster.”

“It's going to destroy pristine habitat,” Hinojosa said. “It will disrupt the habitat for the endangered ocelot, and for numerous migratory bird species.”

A map created by the Center for Biological Diversity breaks down the areas that could be affected. 

The portions in green are the national wildlife refuge tracts. In red are the areas DHS has issued a waiver for.

Conservation advocate Laiken Jordahl said the move is not necessary, especially with the drop in the number of border apprehensions. 

“There is really a cruel element to all of this, there is no excuse for casting aside these protections for our community and wildlife when border crossing numbers so, so, so low,” Jordahl said.

In the 2024 fiscal year, the Border Patrol Rio Grande Valley sector reported 125,000 apprehensions. The number decreased to over 33,000 the following fiscal year. 

Border Patrol RGV Sector spokesperson Ryan Kasper told Channel 5 News there have only been 275 border apprehensions per day since May 2025. 

“It means a much safer border, a much safer community near the border,” Kasper said, adding that Border Patrol agents they see a lot of apprehensions near the Rio Grande City station — not far from where border wall construction is planned.

“We are making more efforts to have more border security there with more boots on the ground,” Kasper said.

According to Kasper, construction of the border wall would help keep the apprehension numbers low. 

“The wall plays a very important part in our overall border security mission,” Kasper said.

U.S. Customs and Border Protection is accepting public comments on the construction until Friday, Sept. 26.

Click here for the comment form.

Click here for more information on the construction project.

Watch the video above for the full story.