Department of Justice Appeals Border Wall Construction Halt
The Department of Justice submitted an urgent appeal to the Supreme Court on Wednesday, requesting that the justices lift an injunction from a lower court that has paused border wall construction in Texas’s Big Bend Sector.
Solicitor General D. John Sauer highlighted that this court-imposed hold leaves a significant enforcement gap along a lengthy stretch of over 500 miles of the U.S.–Mexico border.
In its appeal, the Trump administration invoked the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, which provides the Secretary of Homeland Security with extensive authority to waive certain federal laws for accelerating the establishment of physical barriers and other infrastructures.
Attorneys from the Justice Department cautioned that stopping work in Big Bend could lead to increased illegal crossings and smuggling routes used by cartels.
On the other hand, critics argue that the administration is exceeding its legal authority. In documents filed in lower courts, they claimed that the waivers were meant specifically for high-density entry areas—something they assert doesn’t apply to Big Bend’s rugged and isolated landscape.
“The district court’s injunction significantly frustrates the government’s ability to stop the flow of illegal aliens and drugs across the southern border,” Sauer remarked. “The Secretary determined the project areas in Big Bend based on the elevated rates of illegal crossings and drug smuggling that have been observed in recent years.”
After the administration issued broad regulatory waivers under the 1996 law to expedite the construction process, the initiative faced major opposition in the Big Bend area from a coalition of ranchers, residents, business owners, and environmental advocates. Citing concerns about the costs and local impacts, their resistance has led to numerous lawsuits aimed at stalling the project.
In response to these concerns, U.S. Customs and Border Protection (CBP) Commissioner Rodney Scott suspended construction in the park until the end of September. Although the agency indicated that the actual border wall would not enter Big Bend National Park, other infrastructural developments will, including patrol roads, surveillance tech, and approximately 17 miles of vehicle barriers.
Until the Supreme Court decides whether to grant the request to remove the legal injunction, construction teams are unable to resume their work on the barriers and related infrastructure in the Big Bend sector while the ongoing lawsuits continue.
