View source for Secure Fence Act of 2006

= Secure Fence Act of 2006 =

The '''Secure Fence Act of 2006''' is a United States federal law enacted to authorize the construction of physical barriers, fencing, and related infrastructure along portions of the United States–Mexico border. The act was signed into law on October 26, 2006, and amended the Immigration and Nationality Act to expand border-security measures administered by the Department of Homeland Security (DHS).<ref name="wikiSFA">[[https://en.wikipedia.org/wiki/Secure_Fence_Act_of_2006](https://en.wikipedia.org/wiki/Secure_Fence_Act_of_2006) Secure Fence Act of 2006], Wikipedia.</ref>

== Background ==
The Secure Fence Act was introduced amid heightened political focus on immigration enforcement and border security during the mid-2000s. It built on earlier border-control initiatives and followed the passage of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which had expanded enforcement authorities and border infrastructure planning.

The legislation was promoted as a means to deter unauthorized border crossings and enhance operational control of the border through physical barriers and surveillance technology.<ref name="crsBackground">[[https://crsreports.congress.gov/product/pdf/RL/RL33659](https://crsreports.congress.gov/product/pdf/RL/RL33659) Border Security: The Role of the U.S. Border Patrol], Congressional Research Service.</ref>

== Provisions ==
The Secure Fence Act authorized DHS to construct approximately 700 miles of fencing along the U.S.–Mexico border. The act specified that the fencing could include a combination of:

* Reinforced fencing
* Physical barriers
* Roads and lighting
* Surveillance cameras and sensors

The law directed DHS to prioritize areas with high levels of unauthorized crossings and smuggling activity, while granting the Secretary of Homeland Security discretion over design and placement.<ref name="statute">[[https://www.congress.gov/bill/109th-congress/house-bill/6061](https://www.congress.gov/bill/109th-congress/house-bill/6061) H.R. 6061 — Secure Fence Act of 2006], U.S. Congress.</ref>

== Implementation ==
Implementation of the Secure Fence Act was carried out primarily by U.S. Customs and Border Protection (CBP). Construction occurred in phases and varied significantly by location, with fencing ranging from pedestrian barriers to vehicle barriers and surveillance-focused infrastructure rather than continuous walls.

Subsequent DHS policy decisions modified the scope of physical fencing, emphasizing a mix of technology, personnel, and targeted barriers rather than uninterrupted construction along the entire border.<ref name="gaoFence">[[https://www.gao.gov/products/gao-09-896](https://www.gao.gov/products/gao-09-896) Border Fence Construction Costs], U.S. Government Accountability Office.</ref>

== Waiver Authority ==
The act expanded DHS authority to waive federal, state, and local laws deemed necessary to expedite border barrier construction. This waiver authority has been used to bypass environmental, historic preservation, and land-use regulations in border regions.<ref name="waiver">[[https://www.law.cornell.edu/uscode/text/8/1103](https://www.law.cornell.edu/uscode/text/8/1103) 8 U.S. Code § 1103], Cornell Law School.</ref>

The scope of this waiver authority has been the subject of legal challenges and public debate.

== Impact and Criticism ==
The Secure Fence Act has been widely debated regarding its effectiveness, cost, and impact on border communities and the environment. Critics have questioned whether physical barriers significantly reduce unauthorized migration compared to other enforcement strategies, while supporters argue that fencing plays a role in deterrence and operational control.

Government oversight bodies have documented cost overruns, maintenance challenges, and uneven effectiveness across different terrain types.<ref name="gaoEffectiveness">[[https://www.gao.gov/products/gao-17-331](https://www.gao.gov/products/gao-17-331) Southwest Border Security], U.S. Government Accountability Office.</ref>

== Relationship to Border Enforcement ==
The Secure Fence Act operates as part of a broader border-enforcement framework involving the '''United States Border Patrol''', surveillance systems, and interior enforcement activities. The act did not create a single continuous wall but instead authorized infrastructure supporting Border Patrol operations in designated areas.<ref name="crsRole">[[https://crsreports.congress.gov/product/pdf/RL/RL33659](https://crsreports.congress.gov/product/pdf/RL/RL33659) Border Security: The Role of the U.S. Border Patrol], Congressional Research Service.</ref>

== See Also ==

* [[Border Patrol]]
* [[CBP]]
* [[Immigration Enforcement]]
* [[Department of Homeland Security]]

== References == <references />