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The rugged landscape of Big Bend National Park in Texas, shown in an illustrative image.
Trump Asks US Supreme Court to Allow Border Wall in Big Bend
WASHINGTON — October 21, 2026
US President Donald Trump’s administration has asked the Supreme Court to allow construction of a border barrier in a remote part of West Texas that includes Big Bend National Park, challenging a lower court order that halted the project while a legal dispute continues.
The Justice Department filed an emergency request on Wednesday asking the justices to pause or overturn an injunction issued by US District Judge Kathleen Cardone on October 2. The order stopped construction while a lawsuit brought by environmental and local groups proceeds.
The proposed barrier forms part of Trump’s wider effort to expand security infrastructure along the US-Mexico border. However, plans to extend the project into the Big Bend region, about 250 miles (400 km) southeast of El Paso, have faced opposition from conservationists, local officials and some Texas Republicans.
The lawsuit was brought by the Center for Biological Diversity, a river guide who works in the Big Bend area and a group seeking to protect a historic church in Ruidosa, Texas. The church group argues that construction threatens the fragile adobe structure.
The challengers are contesting waivers issued by the Department of Homeland Security that allowed officials to move ahead with roads and barriers without complying with several environmental and conservation laws. Former Homeland Security Secretary Kristi Noem and current Secretary Markwayne Mullin issued the waivers between February and July, describing the region as an area with high levels of illegal border crossings.
Judge Cardone ruled that the waivers exceeded the authority of the two secretaries and ordered construction to stop. The Justice Department argues that federal law gives the homeland security secretary clear authority both to build border barriers and to waive legal requirements to speed up construction.
The administration temporarily paused construction in Big Bend in August after the project drew criticism from both Republicans and Democrats over its potential effects on the park’s landscape and wildlife. Work crews had already begun clearing land for roads and border security infrastructure, prompting protests and legal challenges.
The Supreme Court’s response to the emergency request will determine whether construction can resume while the broader lawsuit continues. The dispute highlights the conflict between the administration’s border security plans and legal protections intended to safeguard environmentally sensitive areas.
