Trump administration asks Supreme Court to lift halt on Big Bend border wall
In short
The Trump administration on Wednesday asked the Supreme Court in an emergency appeal to lift a lower court order halting border wall construction in the Big Bend region of Texas. Judge Kathleen Cardone ordered construction stopped on Oct. 2 across the roughly 500-mile project area while the case continues.
Read the full story 2 min read
The Trump administration on Wednesday asked the Supreme Court to let it resume building a border wall project through the Big Bend region of Texas. The government filed an emergency appeal asking the justices to lift a lower court decision halting construction, which the Associated Press described as a setback to one of President Donald Trump's signature projects. [ 1 , 2 , 6 ]
CBS News reported that the Justice Department urged the court to lift an injunction that temporarily bars the Department of Homeland Security from building the barrier or related infrastructure in the Big Bend Sector, which covers more than 500 miles of the U.S.-Mexico border and 77 counties in Texas. Solicitor General D. John Sauer wrote that the injunction significantly frustrates the government's ability to stop the flow of illegal aliens and drugs across the southern border. He wrote that the Secretary identified the project areas because of high rates of illegal-alien crossings and drug smuggling in the region over the past several years. The Hill reported that Sauer called the lower judge's block on construction baseless. [ 2 , 3 ]
Judge Kathleen Cardone ruled on Oct. 2 in one of several lawsuits brought by opponents, ordering the government to stop construction across the roughly 500-mile project area while the case plays out in the courts. The AP called it a major victory for the bipartisan opposition. The case hinges on waivers signed by the secretary of Homeland Security that allow U.S. Customs and Border Protection to bypass environmental and other regulations. [ 1 , 6 ]
The government argued that the Big Bend sector is an area of high illegal entry and that legislation dating back to 1996 gives the secretary these powers. Opponents argued that Congress gave the power to waive regulations specifically in areas of high illegal entry and that Big Bend, a remote and rugged region, does not fit that description. Cardone sided with the opponents. [ 1 , 6 ]
The AP reported that ranchers, residents, business owners and environmentalists argue the projects are a waste of money in an area of historically low illegal immigration and could harm scenic landscapes. In Big Bend the project consists of a mixture of walls, vehicle barriers and surveillance technology. [ 1 , 6 ]
CBS News reported that earlier this year the plans met pushback from lawmakers in both parties, cattle ranchers and local law enforcement officials in Texas after photos and videos on social media showed bulldozers arriving at Big Bend National Park. CBP Commissioner Rodney Scott paused construction inside the park until the end of September. The agency has said the wall will not cut through the park, but patrol roads, detection technology and roughly 17 miles of vehicle barriers would. According to CBP, construction of a 47-mile stretch of wall in the region began last month, and the Justice Department said contracts have been awarded for five border-barrier projects in the area. [ 2 ]
Why it matters
The appeal sets up a Supreme Court decision on a project the documents describe as one of President Trump's signature priorities. The case turns on the Homeland Security secretary's power to waive regulations in areas of high illegal entry, which the government and opponents read differently.
Key facts
- The Trump administration asked the Supreme Court on Wednesday to let it resume building a border wall project through the Big Bend region of Texas. [ 1 , 2 , 3 , 6 ]
- The government filed an emergency appeal asking the justices to lift a lower court decision halting construction. [ 1 , 6 ]
- Judge Kathleen Cardone on Oct. 2 ordered the government to stop construction across the roughly 500-mile project area while the case plays out in the courts. [ 1 , 6 ]
- Solicitor General D. John Sauer wrote that the injunction significantly frustrates the government's ability to stop the flow of illegal aliens and drugs across the southern border. [ 2 ]
- The case hinges on waivers signed by the secretary of Homeland Security that let U.S. Customs and Border Protection bypass environmental and other regulations. [ 1 , 6 ]
- CBP said construction of a 47-mile stretch of wall in the Big Bend region began last month. [ 2 ]
Confirmed by several sources
Still unclear
- Whether the Big Bend area is one of high illegal entry. The government says it is, citing high rates of crossings and drug smuggling; opponents say the remote, rugged region does not fit that description, and Judge Cardone sided with the opponents.
- Whether construction is planned inside Big Bend National Park. Bloomberg's summary describes construction resuming in Big Bend National Park, while CBS reported the agency said the wall will not cut through the park but other infrastructure, including patrol roads, detection technology and roughly 17 miles of vehicle barriers, would.
What local media are saying
Timeline, local time
- The Boston Globe published the AP report on the administration's emergency appeal to the Supreme Court. [ 1 ]
- CBS News published its report on the Justice Department's request to the Supreme Court. [ 2 ]
- The Hill published its report on the request. [ 3 ]
- Bloomberg published its report on the request. [ 4 ]
- The New York Times published its report on the request. [ 5 ]