What sections of the border received new barriers under Biden and were they replacement or new-location construction?
This fact-check may be outdated. Consider refreshing it to get the most current information.
Executive summary
The Biden administration approved roughly 20 miles of new border barriers in South Texas (Rio Grande Valley/Starr County area) in 2023, using leftover Trump-era appropriations rather than new congressional funding [1] [2]. Reporting and government notices say the work includes both “new” construction in specific Texas project areas and upgrades/replacements elsewhere, with legal waivers invoked to expedite projects [3] [1] [4].
1. What the administration approved — a 20-mile Texas project
In October 2023 DHS published notices authorizing construction in an area identified as “high illegal entry” in the Rio Grande Valley sector that officials and outlets described as about 20 miles of barriers in Starr County/South Texas, and federal documents and reporting link that to use of the fiscal 2019 appropriation still on the books [1] [2] [5]. FactCheck, PBS and Roll Call summarized the DHS notice and associated public statements that tie the project to that roughly 20‑mile figure [1] [2] [5].
2. Replacement versus new-location construction — DHS framed it as “additional” physical barriers
Source reporting and DHS language indicate the projects were described as “additional physical barriers and roads” in locations of high entries — operationally that has meant both new barrier miles in previously un-walled stretches (new-location construction) and replacement or upgrading of existing structures where deemed necessary by CBP, but the October notices emphasized building in specific Texas project areas rather than a system-wide restart [3] [1] [5]. The BBC and FactCheck note this was the first Biden administration use of its authority to approve “new” wall construction after 2021, and CBP’s proposal described bollards, concrete bases, gates and surveillance — elements consistent with new-location builds as well as hardening existing lines [3] [1].
3. Funding and legal mechanics: appropriations carried over, waivers used
DHS said it would use funding appropriated during the Trump administration (not newly enacted amounts) — notably fiscal 2019/2021 appropriations that remained available — and officials invoked statutory authorities and broad waivers (including waiving environmental and other laws) to move projects ahead, citing an “acute and immediate need” [3] [1] [4]. FactCheck and U.S. GAO reporting explain the administration’s claim it lacked legal ability to reprogram the money and therefore had to use the funds as appropriated unless Congress acted [1] [4].
4. Geography beyond Texas: reporting shows upgrades and targeted miles elsewhere
Contemporaneous accounts show activity beyond South Texas: AP reported replacement/upgrades in San Diego (a steel fence replaced by taller poles) even as a formal pause was announced in January 2021, and later assessments have identified project announcements or planned miles in other states under different administrations [6] [3]. However, the most publicized October 2023 action and waivers centered on the Texas Rio Grande Valley project [3] [2].
5. Political and legal contestation: competing narratives
Texas officials and Republican lawmakers framed DHS actions as insufficient or unlawful redirection of funds earlier in the administration and have litigated to force use of appropriated wall dollars; Texas AG statements and court filings stress they won rulings compelling use of funds, while DHS and the White House framed the October 2023 action as limited, compelled by existing appropriations and consistent with presidential proclamations [7] [8] [1]. The U.S. GAO noted ongoing litigation and tracked obligations, indicating about half of a particular appropriation had been obligated as of early 2024 while remaining funds could be obligated through Sept. 30, 2025 [4].
6. What sources do not settle — scope and classification of “replacement” vs “new”
Available sources do not provide a single, line-item map that definitively classifies each mile as replacement or new-location construction across the border; media summaries point most clearly to ~20 miles in South Texas as the October 2023 prioritized project and cite other localized upgrades [1] [2] [5]. Not found in current reporting: a complete, publicly released breakdown by CBP labeling every segment built under the Biden administration as strictly “replacement” or “new location.”
7. Why this distinction matters and how reporting frames the stakes
Officials arguing for construction stress operational need in areas of high entries and point to statutory constraints on spending Congressional appropriations; opponents highlight environmental waivers, local impacts, and the political about-face from an administration that campaigned against a border wall [3] [1]. Sources show the administration leaned on remaining Trump-era funds and expedited processes to deliver targeted miles in Texas, a fact that frames the policy as constrained by existing appropriations and court/legislative fights rather than a wholesale new wall program [1] [4].
Limitations: this analysis relies solely on the provided documents and news reports; a definitive, mile-by-mile government inventory classifying every constructed segment under Biden as replacement or new-location was not among the supplied sources [1] [4].