Federal Judge Halts Border Wall Construction Across All of Texas' Big Bend Sector
U.S. District Judge Kathleen Cardone's injunction bars the Department of Homeland Security from any ground-disturbing work until it complies with environmental law. It is the first court order to stop the wall's construction.
A federal judge in El Paso has ordered the Department of Homeland Security to stop building the border wall in Texas' Big Bend region, ruling that the groups suing to block it are likely to win their case. The order covers more than 500 miles of the border.
U.S. District Judge Kathleen Cardone granted a preliminary injunction on Friday, October 2, after more than four hours of testimony from conservation groups and Big Bend residents. Her order says DHS "shall not build border barrier or related infrastructure, or engage in any construction or ground disturbing activities, in the Big Bend Sector until and unless Defendants comply with all applicable laws." It applies to all of Big Bend National Park, Big Bend Ranch State Park and the Rio Grande border across the rest of the sector.
The plaintiffs are the Center for Biological Diversity, a group called Friends of the Ruidoso Church, and a Big Bend-area landowner. They argue that DHS used waivers to set aside a string of environmental protections so it could build quickly, and that the waivers do not cover what the government is doing. Cardone found the plaintiffs would "likely succeed on the merits of at least one of the claims" and would suffer "serious, irreparable harm" if work continued while the case goes on. Reporting on the ruling describes it as the first time a court has stopped construction of the wall itself.
The fight has centered on how much of Big Bend's border actually needs a wall. Bob Krumenaker, a former superintendent of Big Bend National Park, compiled Border Patrol data showing agents made 133 apprehensions inside the park, about 0.03 percent of all apprehensions along the southwest border. That figure echoes earlier numbers cited by ranchers who sued last month. In September, 230 Big Bend landowners filed their own suit, saying their section of the border had accounted for a tiny share of last year's crossings.
The administration says it will keep going. Customs and Border Protection Commissioner Rodney Scott said in a statement: "We remain confident in our legal authorities and committed to securing the ENTIRE border while preserving the unique landscape." The government can appeal to the Fifth Circuit, and the dispute could eventually reach the Supreme Court.
For the people who live near the park, the ruling is a pause rather than a final answer. A preliminary injunction holds the status quo while the lawsuit proceeds. It does not decide whether the waivers were lawful. If the plaintiffs lose on appeal, construction can resume.
Big Bend is one of the largest protected desert landscapes in the country, a place where the Rio Grande cuts through canyons and where visitors, ranchers and wildlife cross the river area freely. Environmental groups say a continuous barrier would block the movement of animals such as black bears, mountain lions and bighorn sheep and would scar a landscape that draws hundreds of thousands of visitors a year. Supporters of the wall say any gap in the border is an opening for smugglers, and they argue the administration has the authority to close it.
