The Trump administration has petitioned the Supreme Court to lift an injunction blocking construction of a border barrier through the Big Bend region of West Texas. The Justice Department filed an emergency request on Wednesday seeking to overturn a decision by US District Judge Kathleen Cardone, who halted the project on October 2 while legal challenges proceed.
The Department of Homeland Security’s proposed project includes vehicle barriers, patrol roads, lighting, and detection technology across approximately 805 kilometers of border in and around Big Bend National Park. Officials including former Homeland Security Secretary Kristi Noem and current Secretary Markwayne Mullin characterized the area as a region of high unauthorized border crossings, justifying the construction through federal waivers issued between February and July. The undertaking carries an estimated cost of $1.7 billion.
Opponents have challenged the project through litigation brought by the Center for Biological Diversity and other plaintiffs, citing concerns about landscape preservation, wildlife protection, and effects on a historic church in the area. Judge Cardone determined in her ruling that the waivers issued by Noem and Mullin exceeded their legal authority. Data presented by project opponents indicates that Big Bend accounts for approximately 1 percent of migrant arrests along the southern border.
The Justice Department’s Supreme Court filing argued that Congress clearly authorized the secretary to construct border barriers and to waive legal requirements to expedite construction. The administration temporarily paused work in Big Bend during August following bipartisan criticism regarding potential environmental and wildlife impacts on the national park. The Supreme Court has not yet responded to the administration’s appeal.
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