Judge Extends Halt on Border Construction Near Big Bend National Park

A U.S. District Judge in San Antonio has extended a temporary suspension of new ground-disturbing work tied to a border-security project in the vicinity of Big Bend National Park. The extension follows an emergency hearing on Friday brought by the People of La Junta for Preservation, members of the Lipan Apache tribe and a West Texas outdoor-recreation business, who contend that the federal government lacks authority to proceed and that the work threatens archaeological, cultural and religious sites.

The plaintiffs argue that the Department of Homeland Security’s recent decision to waive multiple environmental and historic-preservation statutes does not override the National Park Service’s jurisdiction under 16 U.S.C. § 158, which governs the administration of the park. They also claim the project could interfere with Indigenous religious practices and damage irreplaceable resources.

"The government has agreed to not move any dirt-moving activities or earth-turning activities whatsoever between now and September the 15th. So that's a big victory for these folks," said State Sen. Roland Gutierrez, an attorney for the plaintiffs.

The parties have agreed to meet before September 15, when Judge Orlando Garcia is scheduled to reconvene the case. Federal officials indicated the pause will allow Customs and Border Protection to conduct an on-site evaluation of the project.

Opposition to the construction spans Democratic and Republican elected officials, conservation groups, business owners and local residents, who cite concerns about damage to archaeological resources, wildlife habitat and the regional tourism economy. An archaeologist who testified warned that the current pause and promised consultation do not fully address preservation concerns.

The dispute also involves state and private lands adjacent to the national park, expanding the scope of the legal challenge.