Markwayne Mullin
Role at the time: Secretary of Homeland Security
Response to this claim
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.”
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)Why we used 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.