PolicyBrief
H.R. 163
119th CongressJan 3rd 2025
Finish the Wall Act
IN COMMITTEE

The "Finish the Wall Act" mandates the resumption of border wall construction along the U.S.-Mexico border, requires the Secretary of Homeland Security to use allocated funds to complete the wall by September 30, 2026, and ensures compliance with DNA collection laws.

Clay Higgins
R

Clay Higgins

Representative

LA-3

LEGISLATION

Border Wall Construction to Restart Within 24 Hours Under 'Finish the Wall Act'

The "Finish the Wall Act" mandates the immediate resumption of all border wall construction projects along the U.S.-Mexico border that were active or planned before January 20, 2021. The bill requires the Secretary of Homeland Security to get things moving again within 24 hours of the Act becoming law, effectively hitting the 'restart' button on a project that's been on pause. This includes reactivating any contracts for wall construction that were in place before that date, meaning those deals can't be canceled. The bill also ties the purse strings, stating that all funds allocated for the border wall since October 1, 2016, must be used to carry out this Act.

Digging into the Wall's Comeback

This Act isn't just about restarting construction; it's about finishing what was started. The Secretary of Homeland Security has 30 days from the bill's enactment to present Congress with a plan to complete the border wall by September 30, 2026. This plan needs to include how they'll handle everything, from the physical barrier itself to the related infrastructure. Think access roads, gates, and even boat ramps (defined as "tactical infrastructure" in Section 4). A second plan, due within 90 days, will detail the tech side—surveillance and detection systems, like ground sensors (Section 4), that go along with the wall. The bill also requires the Department of Homeland Security to honor any existing agreements with private citizens, local governments, and other groups affected by the wall construction.

Real-World Ripple Effects

For construction companies holding those pre-January 2021 contracts, this bill is a green light to get back to work. But for communities near the border, it could mean a rapid return of construction crews, potential land acquisition, and the disruption that comes with large-scale building projects. A farmer whose land is adjacent to the border, for example, might find construction resuming on or near their property, significantly impacting their operations and potentially their livelihood. The Act's requirement to use all previously allocated funds could also mean less money available for other Department of Homeland Security priorities, although that's not spelled out here.

Privacy in the Crosshairs

Beyond the wall itself, the Act has a provision (Section 3) about DNA collection. It requires the Secretary of Homeland Security to confirm, within 14 days, that Customs and Border Protection is following the DNA Fingerprint Act of 2005 at all border facilities. This raises questions about how DNA collection will be implemented, especially for families. While the bill states compliance with existing law, the rapid timeframe and focus on family units could create practical challenges and potential privacy concerns.

The Big Picture and Potential Roadblocks

While the "Finish the Wall Act" aims for enhanced border security, the mandatory nature of the construction restart raises some flags. Mandating the use of funds allocated over several years could limit flexibility in responding to current needs. The broad definitions of "tactical infrastructure" and "technology" could also lead to wider-ranging projects than some might expect. The requirement to honor existing contracts, while providing certainty for some, might also tie the government's hands in adapting to changing circumstances or addressing unforeseen environmental or community impacts. If environmental regulations were waived to fast-track initial construction, resuming work under those same conditions could spark legal battles and further controversy.