Restart Border Barrier Construction Immediately

Full Title:
Finish the Wall Act

Summary#

This bill, the Finish the Wall Act, orders the Department of Homeland Security (DHS) to restart construction of the border barrier system along the U.S.–Mexico border that was planned or under way before January 20, 2021. It requires DHS to spend funds appropriated or explicitly obligated for that construction since October 1, 2016, and to keep certain contracts and written agreements in force. The bill also requires a quick certification that Customs and Border Protection (CBP) is following the DNA Fingerprint Act of 2005 at border processing facilities.

  • Main change: DHS must resume all barrier construction activities that were planned or under way before January 20, 2021, within 24 hours of enactment.
  • Money: DHS must expend funds appropriated or explicitly obligated beginning October 1, 2016, for that construction.
  • Contracts and agreements: DHS may not cancel contracts entered into on or before January 20, 2021, and must honor written agreements with private citizens, and state, local, and Tribal governments.
  • Timelines and plans: DHS must send Congress an implementation plan within 30 days to finish construction by September 30, 2026, and within 90 days a plan (with quarterly benchmarks and cost estimates) for tactical infrastructure and technology.
  • DNA compliance: Within 14 days DHS must certify to two congressional committees that CBP is fully compliant with the DNA Fingerprint Act of 2005 at facilities that process adults.

What it means for you#

  • DHS and CBP: Must restart construction work immediately, spend specified funds, prepare and deliver implementation plans on short timelines, and certify DNA-collection compliance.
  • Contractors and construction firms: Contracts that were in place on or before January 20, 2021, cannot be canceled under this bill. Contractors tied to those contracts would likely resume or continue work.
  • State, local, Tribal governments and private landowners: The bill requires DHS to honor written agreements it made with these parties that relate to current and future construction. That could affect access, permits, or local infrastructure projects tied to the barrier.
  • People processed at the border (adults): The bill requires a certification that CBP is following federal law on DNA collection at border processing facilities. The bill does not change who may be subject to DNA collection; it requires DHS to certify compliance with existing law.
  • Taxpayers and Congress: The bill directs DHS to spend funds appropriated or explicitly obligated since October 1, 2016, and allows for the use of any future funds Congress appropriates for this purpose. The bill does not include a separate appropriation in the text.

Expenses#

No publicly available information.

  • The bill requires DHS to expend funds appropriated or explicitly obligated beginning on October 1, 2016, for border wall construction. It also contemplates using any future funds Congress may appropriate.
  • The bill itself does not include a fiscal estimate in the provided materials. It does not state how much of the appropriated or obligated funds remain, nor whether additional appropriations will be needed to meet the September 30, 2026, completion target.
  • The required planning, oversight, and certification tasks would likely create administrative work for DHS and Congress, but no cost figures are provided.

Proponents' View#

The bill appears intended to do the following:

  • Finish barrier construction that Congress previously funded or authorized by restarting work and spending appropriated or obligated funds.
  • Enforce the idea that contracts and written agreements made before January 20, 2021, should be carried out rather than canceled.
  • Provide timelines and benchmarks to give Congress a clear plan to complete the work by a stated date.
  • Ensure CBP follows existing federal law on DNA collection at border processing facilities.

These points describe the stated policy goals in the bill text: securing the border, enforcing the rule of law, and expending funds that Congress has already provided.

Opponents' View#

The bill’s text raises several practical questions and possible concerns:

  • The 24-hour restart requirement is abrupt. One concern is that it may be difficult to restart complex construction safely and lawfully on such short notice.
  • The bill requires use of funds appropriated or explicitly obligated since October 1, 2016, but it does not say how much money is available or whether it will be sufficient to meet the completion deadline. It is unclear whether new appropriations will be needed.
  • Forbidding cancellation of contracts entered into on or before January 20, 2021, could prevent DHS from ending contracts that it later finds legally, financially, or operationally problematic.
  • The bill does not clearly explain how construction must interact with other legal requirements (for example, environmental reviews, land access agreements, or court orders). It is unclear how conflicts with other laws or judicial rulings would be handled.
  • The DNA certification requirement is narrow in time (14 days) and scope (certify compliance), but the bill does not describe what happens if facilities are not compliant. This may raise questions about privacy, civil liberties, and how DHS documents and reports compliance.