Finish the Wall Act
- Sponsor
- Rep. Higgins, Clay [R-LA-3]
- Committees
- Homeland Security Committee (primary)
- Last action
- Jan 3, 2025
Bottom line
The 'Finish the Wall Act' aims to restart and complete the construction of the U.S.-Mexico border wall system using existing and future appropriations, while also enforcing federal DNA collection mandates at the border.
What it actually does
This bill mandates the immediate resumption of all border wall construction activities that were underway or planned prior to January 20, 2021, along the U.S.-Mexico international border. It prohibits the cancellation of any related contracts entered into on or before that date and requires the expenditure of all funds appropriated or obligated for border wall construction since October 1, 2016. The bill sets a deadline of September 30, 2026, for completion and requires the Department of Homeland Security to submit implementation plans. Additionally, it mandates that U.S. Customs and Border Protection certify full compliance with the DNA Fingerprint Act of 2005 at all border facilities within 14 days of enactment.
Proponents argue
Supporters argue that this bill is crucial for national security, effective border control, and upholding the rule of law. They contend that resuming and completing the border wall will significantly deter illegal crossings, combat drug trafficking, and fulfill congressional mandates for previously appropriated funds. Proponents also emphasize the importance of ensuring U.S. Customs and Border Protection's full compliance with federal DNA collection laws to enhance security and identification processes.
Opponents contend
Critics may argue that a physical border wall is an ineffective, environmentally damaging, and costly solution to complex immigration challenges, diverting resources from more comprehensive and modern border security strategies such as advanced technology and increased personnel. They might also raise concerns about the potential for increased eminent domain actions, humanitarian impacts on border communities, and the necessity or implementation details of the DNA collection mandate.
The bill is concise and clearly written, allowing for a quick and thorough understanding of its provisions by an informed reader.
Section 2(a)(1)
Immediate Resumption of Border Wall System Construction
This provision requires the Secretary of Homeland Security to immediately, within 24 hours of the bill's enactment, resume all activities related to the construction of the border barrier system along the U.S.-Mexico border that were ongoing or planned before January 20, 2021. This directly reverses a previous executive action that paused or halted construction.
Supporters argue
Proponents argue that this immediate resumption is vital to secure the border, fulfill prior congressional intent, and address ongoing challenges with illegal immigration and drug smuggling. They believe that physical barriers are a proven component of effective border security.
Critics contend
Opponents contend that an immediate resumption may lead to rushed and potentially inefficient construction, ignoring updated assessments of border security needs or environmental concerns. They argue that a physical wall is not the most effective or humane solution.
Tradeoffs
The provision balances the desire for immediate border security action against potential logistical, environmental, and legal challenges associated with rapidly restarting large-scale construction projects.
Section 2(a)(2)
Prohibition on Contract Cancellations
This section explicitly prohibits the Secretary of Homeland Security from canceling any contracts for border wall system construction activities that were entered into on or before January 20, 2021. This ensures that existing contractual obligations related to the wall are maintained and completed.
Section 2(a)(3)
Mandatory Expenditure of Appropriated Funds
This provision requires the Secretary of Homeland Security to expend all funds that were appropriated or explicitly obligated for border wall system construction, starting from October 1, 2016, to carry out the objectives of this Act. This ensures that previously allocated funds are used specifically for wall construction.
Section 2(a)(4)
Implementation Plan for Border Wall System Completion
Within 30 days of the bill's enactment, the Secretary of Homeland Security must submit an implementation plan to relevant congressional committees. This plan must detail how the border wall system construction, funded by previously appropriated funds, will be completed by September 30, 2026.
Section 2(b)
Plan for Tactical Infrastructure and Technology Elements
This section requires the Secretary of Homeland Security to submit a more detailed implementation plan within 90 days of enactment. This plan must cover all elements of the border wall system, including tactical infrastructure (like roads, lighting, gates) and technology (like surveillance and detection systems), as identified before January 20, 2021. It must include quarterly benchmarks and cost estimates, utilizing both existing and future appropriated funds.
Section 2(c)
Upholding Negotiated Agreements
This provision mandates that the Secretary of Homeland Security honor all written agreements executed between DHS and private citizens, State, local, and Tribal governments, and other stakeholders related to current and future border wall system construction. This ensures that commitments made during land acquisition or other negotiations are upheld.
Section 3
DNA Collection Consistent with Federal Law
Within 14 days of the bill's enactment, the Secretary of Homeland Security must ensure and certify to specific congressional committees that U.S. Customs and Border Protection (CBP) is fully compliant with the DNA Fingerprint Act of 2005. This applies to all border facilities that process adults, including those in family units, who are in CBP custody at the border.