Justice Department petitions Supreme Court to lift ban on Big Bend border wall work

The Justice Department has asked the Supreme Court to remove a district‑court order that currently blocks the Department of Homeland Security from building a border wall and associated facilities in the Big Bend area of West Texas. The order stops work in a stretch that spans more than 500 miles of the U.S.–Mexico border and covers 77 Texas counties. Solicitor General D. John Sauer argues the injunction hampers efforts to curb illegal crossings and drug smuggling, pointing to recent spikes in activity in the sector. The Trump administration’s wall promise has faced strong opposition after images showed bulldozers near Big Bend National Park. In response, Customs and Border Protection Commissioner Rodney Scott halted work inside the park until the end of September. Officials say the wall itself will not cut through the park, but patrol roads, detection equipment and roughly 17 miles of vehicle barriers would be built nearby. Construction of a 47‑mile wall segment began last month, and the government has awarded contracts for five barrier projects across the sector. Earlier in February, the administration announced plans for 30‑foot bollard walls stretching from Fort Quitman to Closed Canyon in Big Bend Ranch State Park, with total wall and road lengths exceeding 300 miles. To speed the project, former Homeland Security Secretary Kristi Noem invoked a 1996 immigration law that lets the secretary waive environmental and historic‑preservation rules. Successor Markwayne Mullin issued two additional waivers. An environmental group, a river‑boat guide association, and a religious organization sued in April, claiming the waivers overstepped legal authority. U.S. District Judge Kathleen Cardone granted a preliminary injunction, finding the waivers exceeded the secretaries’ powers and barring any construction or ground‑disturbing activity in the sector. She rejected the administration’s request to pause the ruling just before the Justice Department sought Supreme Court relief.

Context

The Big Bend sector accounts for over a quarter of the border’s length but typically sees only a tiny share of total apprehensions, a point highlighted by plaintiffs in the lawsuit. The legal fight pits rapid‑construction waivers against standard environmental review processes.