Funding U.S.-Mexico Border Barrier Construction: Current Issues

Funding U.S.-Mexico Border Barrier Construction: Current Issues

INSIGHTi

Funding U.S.-Mexico Border Barrier
Construction: Current Issues
Updated April 7, 2021
The construction of barriers on the U.S.-Mexico border to control unauthorized crossings has been a
matter of significant debate since former President Donald Trump made construction of a border wall a
key element of his campaign. This Insight provides a brief overview of the funding history for these
barriers. On January 20, President Joe Biden issued a proclamation directing agencies to pause additional
construction and obligation of funds pending collection of information and development of a plan tro
redirect some of the resources that had been dedicated to barrier construction. consistent with applicable
appropriations law.
Border Barriers Under Previous Administrations
Presidents George W. Bush and Barack Obama
In the decade prior to President Trump’s election, Congress had appropriated almost $2.5 billion to U.S.
Customs and Border Protection (CBP), a component of the Department of Homeland Security (DHS), to
construct more than 650 miles of primary barriers along the southwest border. This includes
approximately 350 miles of primary barriers designed to restrict the flow of pedestrians and
approximately 300 miles of primary barriers to restrict the flow of vehicles in areas where unauthorized
border crossing on foot was less of a concern. Funding for construction of border barriers in this period
largely ended in FY2011.
President Donald J. Trump
Shortly after his inauguration in January 2017, President Trump signed an Executive Order that called for
the construction of a border wall. In March, the President submitted a supplemental appropriations request
for FY2017, which included almost $1 billion to begin planning and construction. (At the time, annual
appropriations requested for FY2017 by the Obama Administration had yet to be resolved.)
In response to this and subsequent requests from the Trump Administration totaling more than $13.27
billion through FY2020, Congress provided almost $4.47 billion for border barrier construction through
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DHS appropriations. Funding has been provided with conditions that the barriers are built in certain
border patrol sectors and meet certain design requirements.
In response to Congress not providing DHS the level of border barrier funding requested by the
Administration, since FY2019, the White House has redirected other federal resources to support border
barrier construction. These efforts included a $601 million transfer of resources from the Treasury
Forfeiture Fund to CBP.
Most of the redirected funding for border barriers sought by the Administration was through the
Department of Defense (DOD). In 2019, President Trump undertook a series of executive actions that
redirected $6.1 billion in FY2019 defense funds for border barrier construction projects identified by
DHS.
Of this amount, DOD made $2.5 billion available using General (and Special) Transfer Authority, and 10
U.S.C. §284, a statute that allows the transfer of defense funds for the purpose of supporting other
agencies’ counterdrug activities (e.g., the construction of roads, fencing, and lighting to block drug
smuggling corridors across international boundaries). The remaining $3.6 billion, which the Secretary of
Defense made available by indefinitely deferring ongoing military construction projects, was authorized
under 10 U.S.C. §2808, following the declaration of a national emergency by the President in February
2019.
As part of its FY2020 budget request to Congress, the Administration sought $7.2 billion in military
construction funds for border barrier construction projects. This included $3.6 billion to replenish (or
backfill) military construction projects deferred by the use of 10 U.S.C. §2808 and an additional $3.6
billion for new border barrier projects. Congress did not authorize or appropriate this funding.
On February 13, 2020, the Trump Administration again used its General and Special Transfer Authority
and 10 U.S.C. §284 to reallocate $3.8 billion of FY2020 DOD appropriations to support border barrier
construction. Defense authorization and appropriations committees in the House opposed this
reprogramming. The House attempted to include restrictions on border barrier funding in the FY2020
Homeland Security appropriations, defense authorization, defense appropriations, and military
construction appropriations bills, but the provisions in the House-passed measures were not enacted, and
the Senate did not vote on legislation to reverse the reallocations.
Although court actions delayed the obligation of some border barrier construction funds, DOD generally
proceeded with barrier project execution, prioritizing projects on the basis of its assessment of the
feasibility of execution, as opposed to DHS priorities.
FY2021 Funding
The Administration sought $1.96 billion for CBP in the FY2021 DHS Appropriations Act to construct
approximately 82 miles of border barrier system. Funding was not included in the House committee-
reported bill, but $1.96 billion was in the Senate majority draft legislation. The consolidated
appropriations act for FY2021 included $1.375 billion for border barrier construction.
Border Barriers Under the Current Administration
On the day of his inauguration, January 20, 2021, President Joseph R. Biden terminated the Trump
Administration’s national emergency with respect to the southern border, stating: “It shall be the policy of
my Administration that no more American taxpayer dollars be diverted to construct a border wall.” The
proclamation went on to direct a pause in construction and obligation of funds related to construction of
barriers, to the extent permitted by law, and directed agencies to collect a range of data with consideration
to repurposing barrier related contracts:

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The deadline for production of the plan was March 21, 2021.
For More Information
Information on the history of and DHS funding for construction of U.S.-Mexico border barriers can be
found in CRS Report R45888, DHS Border Barrier Funding.
Detailed information on the Administration’s request for border barrier funding through DOD can be
found in CRS Report R45937, Military Funding for Southwest Border Barriers.
Information on court cases related to the Administration’s efforts to fund barrier construction in the
absence of additional appropriations to CBP can be found in CRS Report R45908, Legal Authority to
Repurpose Funds for Border Barrier Construction.

Author Information

William L. Painter, Coordinator
Christopher T. Mann
Specialist in Homeland Security and Appropriations
Analyst in Defense Policy and Trade

Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan shared staff
to congressional committees and Members of Congress. It operates solely at the behest of and under the direction of
Congress. Information in a CRS Report should not be relied upon for purposes other than public understanding of
information that has been provided by CRS to Members of Congress in connection with CRS’s institutional role.
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IN11193 · VERSION 4 · UPDATED