This broke a couple of days ago but I am just getting around to posting it now.
"The U.S. Department of Homeland Security announced today its intent to issue two waivers of certain laws to expedite security improvements at the southwest border. Congress gave the Secretary of Homeland Security authority to waive all legal requirements necessary to expeditiously install additional physical barriers and roads at the border to deter illegal activity."
-DHS Exercises Waiver Authority to Expedite Advancements in Border Security
April 1, 2008
Check out the laws they are side stepping here and here.