Mullin says the waiver is necessary to build barriers and roads quickly

Markwayne MullinSecretary of Homeland Security

Mullin determines that waiving New Mexico's water code and well rules is necessary to build barriers and roads quickly in part of the El Paso Sector, then issues the waiver.

Responding to

Waiving the New Mexico Water Code and the state's well-drilling rules is necessary to ensure the expeditious construction of border barriers and roads in the El Paso Sector project area.

“In order to ensure the expeditious construction of additional physical barriers and roads in the project area, I have determined that it is necessary that I exercise the authority that is vested in me by section 102(c) of IIRIRA.”

Original text

Read the original text (opens in a new tab)Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended · U.S. Department of Homeland Security91 FR 62739-62740, Determination and Waiver, Sections 1 and 2

Where this statement fits

DHS waives New Mexico water law for border wall wells; state officials call the waiver unconstitutional

Homeland Security Secretary Markwayne Mullin published a notice on October 2, 2026, waiving the New Mexico Water Code and state well rules for border barrier and road construction in part of the El Paso Sector, including the drilling and use of wells. New Mexico officials, who sued the federal government and its contractors in August over wells drilled without state permits, say the waiver is unconstitutional and plan to challenge it.

Read the full case

Case updates

Want the next important update?

Follow this case and get an email when an important development changes the record.

Important updates only. Free. Confirm your email to start. Unsubscribe anytime. How we handle your email.

Source and context

Original text

Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as Amended (opens in a new tab) · U.S. Department of Homeland Security91 FR 62739-62740, Determination and Waiver, Sections 1 and 2

About this source

Department of Homeland Security notice in the Federal Register, FR Doc. 2026-20233, signed by Secretary Markwayne Mullin. It waives the New Mexico Water Code and two parts of the state's well-drilling rules for border barrier and road construction, including the drilling and operation of wells, in a stretch of the El Paso Sector in New Mexico. It took effect on October 2, 2026.

Archived copy (opens in a new tab)

Before the quotation

Mullin writes that the El Paso Sector is an area of high illegal entry and that there is "an acute and immediate need to construct additional physical barriers and roads" in the project area, which runs along the border in southern New Mexico.

After the quotation

He then waives the New Mexico Water Code and parts of the state's well-drilling rules for construction in the project area, including the drilling, operation and plugging of wells.

How this statement is classified

Defended or excused

The label describes this statement's response within the context above.

Why this label?

The reference point is DHS's October 2 waiver of New Mexico water law and the federal use of wells drilled without state permits for border wall construction. Mullin signed the waiver and says it is "necessary" to ensure "the expeditious construction of additional physical barriers and roads", so we labeled it Defended. The closest competing label is Mixed or conditional; it loses because the notice attaches no condition to the waiver within the project area.

Recorded on
Published here

More from this case

Read the full case

Share or embed this statement

Quote card: Markwayne Mullin, Mullin says the waiver is necessary to build barriers and roads quicklyDownload image (PNG)

The embed keeps its attribution link to The Dispute Index. Credit the image to The Dispute Index and link to the statement page.

Cite this record

Publisher
The Dispute Index
Title
Mullin says the waiver is necessary to build barriers and roads quickly
First published
Last updated
Permalink
https://disputeindex.com/events/5978-mullin-determines-that-waiving-new-mexico-s-water

Last updated marks the most recent saved version of this published statement.

The Dispute Index. "Mullin says the waiver is necessary to build barriers and roads quickly". First published: 2026-10-17. Last updated: 2026-10-17. https://disputeindex.com/events/5978-mullin-determines-that-waiving-new-mexico-s-water