USAupdated 1h ago3 min read
Judge Kathleen Cardone Halts Trump Big Bend Border Wall Construction In Texas
Judge Kathleen Cardone issued a preliminary injunction halting Big Bend border wall construction. Injunction blocks DHS waivers and environmental/historic exemptions cited for the project.
Judge Halts Big Bend Work
A federal judge in El Paso, Texas, granted a preliminary injunction on Friday that halted border wall construction in the Big Bend sector, including Big Bend National Park and Big Bend Ranch State Park.
Judge Kathleen Cardone said the plaintiffs were likely to succeed on the merits of at least one of their claims and that they would suffer irreparable harm if construction continued, and she kept the injunction in place while the court considered the lawsuit.
The ruling stopped border barrier construction across the entire Big Bend sector, which spans more than 500 miles across West Texas, until the federal government complied with applicable laws.
The Center for Biological Diversity, Friends of the Ruidosa Church, and Danny Miller Jr. sued the U.S. Department of Homeland Security and Secretary Markwayne Mullin over waivers that they said fast-tracked the border wall through the Big Bend region.
Customs and Border Protection said it “stand[s] by our assessment” and said it was “working with the Department of Justice on next steps.”
Courtroom Testimony and Claims
Plaintiffs and supporters embraced and wept outside the federal courtroom in El Paso after Cardone read her order, and many had traveled hundreds of miles from Big Bend communities including Terlingua and Marfa. Adam Isaacson, an analyst at the Washington Office on Latin America, told the court that the Big Bend sector was a “distant last place” in unauthorized border crossings compared to the nine sectors that make up the U.S. border with Mexico. Danny Miller Jr. testified that his business depends on access to the Rio Grande and said his property along the river would be irrevocably damaged if the wall was built, calling the construction a “visible scar that will never go away.”
Zeynep Graves, Senior Attorney at the Center for Biological Diversity, said she was grateful to connect “those that are suffering on the ground to the court” and said the case was “a real win for the rule of law and our U.S. constitution.” The defense presented few counterarguments and did not present any witnesses, and the White House referred questions to the Department of Homeland Security, which did not immediately respond to a request for comment.
What Comes Next for Big Bend
The injunction stayed the effect of the federal waivers that plaintiffs said allowed construction to proceed without following the National Environmental Policy Act and the Archaeological and Historic Preservation Act, among other laws.
Customs and Border Protection changed its plans for border barrier construction in the Big Bend region numerous times since February, and the federal government currently planned to build vehicle barriers and access roads within the state and national parks.
A 30-foot steel wall was planned for private land in Big Bend outside the parks, and construction recently began on a new 30-foot steel wall in Hudspeth County, east of El Paso.
The case could proceed while the court considers the lawsuit filed in April, and the KRWG report said the case would go to the U.S. Supreme Court if appealed.
Laiken Jordahl said the ruling was “a total victory,” and he said “They’re going to roll back the excavators until she rules on the merits,” while opponents urged the government to repair damage already done and develop alternative plans.