Justice Department asks Supreme Court to clear the way for Big Bend border wall construction
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The Trump administration is urging the Supreme Court to lift a district court order that has stopped construction of a border wall and related infrastructure in the Big Bend sector of the Texas-Mexico border. The move highlights the government’s push to restore law enforcement tools amid record concerns over illegal crossings and smuggling.
The Justice Department on Wednesday filed an emergency request with the Supreme Court seeking to lift a district-court injunction that is temporarily barring the Department of Homeland Security from constructing a border wall and associated infrastructure in the Big Bend sector of West Texas. The injunction covers more than 500 miles of the U.S.-Mexico border and 77 Texas counties, an expansive blockade that has stalled urgently needed security work.
"The district court's injunction significantly frustrates the government's ability to stop the flow of illegal aliens and drugs across the southern border," Solicitor General D. John Sauer wrote in the filing. "The Secretary identified the Big Bend project areas at issue because of the high rates of illegal-alien crossings and drug smuggling in the region over the past several years."
The request follows a preliminary injunction issued by U.S. District Judge Kathleen Cardone, which barred any construction or ground-disturbing activities in the area after finding that former Homeland Security secretaries exceeded their authority in issuing waivers that allowed work to proceed. The administration announced plans in February to build 30-foot-tall bollard walls, patrol roads, detection technology and roughly 17 miles of vehicle barriers across the sector.
Environmental groups, a river-boat guide association and a religious organization filed a lawsuit in April, arguing that the project would harm cultural, recreational, wildlife and historic resources. The plaintiffs also contend that the Big Bend sector accounts for a small share of total border apprehensions, ranging from 0.3% to 2.2% of nationwide figures between 2021 and 2025.
The Justice Department’s filing seeks emergency relief to allow construction to resume while the Supreme Court considers the case.