Emergency Injunction in West Texas Construction Case
United States District Judge Kathleen Cardone issued an emergency injunction that prevents the Trump administration from proceeding with the construction of vehicle barriers, patrol roads, and related lighting in the West Texas Big Bend Sector. The ruling, delivered in El Paso on Friday, also stops any ground disturbance or construction activities within Big Bend National Park, a remote area in West Texas.
Cardone made her decision after hearing testimony in a case brought against Department of Homeland Security Secretary Markwayne Mullin by Friends of the Ruidosa Church and others. The lawsuit contests the federal government’s invocation of waiver authority to expedite the project while circumventing environmental laws.
Laiken Jordahl, a national public lands advocate with the Center for Biological Diversity, which is also involved in the lawsuit, remarked on the injunction: “This is a historic victory for Big Bend and everyone who loves this wild corner of Texas. No administration should have the power to damage a treasured national park for political reasons. With the court’s order halting construction, Big Bend can finally breathe. But this battle isn’t over. We will keep fighting until Big Bend’s environmental protections are completely reinstated and the illegal waiver enabling so much harm is eliminated.”
Among the plaintiffs is a landowner and river guide from Big Bend. The lawsuit challenges the federal government’s waiver process linked to constructing border security features in Big Bend National Park, Big Bend Ranch State Park, and across the entire Big Bend Region.
In her ruling, Judge Cardone stated, “The Court concludes that Plaintiffs likely have a strong case on at least one claim, there’s a significant likelihood they’ll face serious, irreparable harm without an injunction, and the balance of equities and public interest leans in their favor.”
Cardone directed the federal government, saying, “Effective immediately, until the Court orders otherwise, Defendants MUST NOT construct any border barriers or related infrastructure, or engage in any construction or activities that disturb the ground in the Big Bend Sector unless all applicable laws are followed.”
According to reports, in mid-August, U.S. Customs and Border Protection Commissioner Rodney Scott halted the ongoing infrastructure projects within Big Bend National Park.
The projects have been under intense scrutiny from politicians on both sides of the political spectrum. Senator John Cornyn (R-TX) expressed opposition, aligning with local leaders and James Talarico, a Democratic candidate for Texas’s 2026 U.S. Senate race.
The establishment of physical barriers has also met with resistance from ranchers outside the park. Many private landowners are cautious about the projects, fearing loss of access to their land due to barrier construction. Additionally, ranchers are concerned that an increased federal presence could impact their livestock and hunting practices.
CBP has indicated that its infrastructure plans for Big Bend National Park would involve constructing just one new access road, enhancing existing roads, deploying detection technology, and placing vehicle barriers at specific strategic locations.
Importantly, CBP clarified that these plans do not include building a 30-foot border wall within the park.
Judge Cardone was appointed as a district judge in the Western District of Texas by President George W. Bush in 2003.
The case is officially titled “Friends of the Ruidosa Church et al. v. Mullin et al. (Case No. 3:26-cv-01099-KC)” and is being heard in the U.S. District Court for the Western District of Texas.
