Constitutional Opinion No. 2026-0986

America First Constitutional Standard — Version 1.0

Case Information

Content Scored: Determination Pursuant to Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (DHS Border-Barrier Waiver, Big Bend and Del Rio Sectors, July 27, 2026)
Source: Federal Register / U.S. Department of Homeland Security, Office of the Secretary (Doc. 2026-15096)
Author: U.S. Department of Homeland Security
Publication Date: July 27, 2026
Content Type: Official Communication
Opinion Issued: 2026-07-29
AFCS Version: 1.0
URL: https://www.federalregister.gov/documents/2026/07/27/2026-15096/determination-pursuant-to-section-102-of-the-illegal-immigration-reform-and-immigrant-responsibility

Holding

The Constitutional Court holds that the Secretary of Homeland Security determination waiving approximately thirty federal statutes to expedite construction of border barriers and roads in the Big Bend and Del Rio Sectors is America First. Enacted under authority Congress expressly delegated in Section 102 of IIRIRA, the determination directly advances Article VI by constructing physical barriers to halt unlawful entry, Article XVIII by impeding cross-border smuggling and cited drug trafficking, and Article II by vindicating the citizenry sovereign control over the nation borders. The 70/30 default weighting applies because the determination rests on assessed factual justifications, including apprehension and seizure figures; no Automatic Fail is present.

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It is the judgment of this Court that Opinion No. 2026-0986 is hereby entered into the record, in accordance with the America First Constitutional Standard. The score stands. The reasoning is published. The record is public.

The Standard is the Standard.

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