Big Bend Landowners Sue to Block Trump Border Wall Plans
Landowners and a nonprofit sue to stop the Trump administration's border wall and infrastructure plans in Texas's remote Big Bend region, arguing DHS misused its waiver authority.
Landowners, ranchers, business owners and a nonprofit dedicated to protecting the Big Bend region's landscape and heritage are suing to halt the Trump administration's plans to build a wall and other border infrastructure through the remote stretch of West Texas.
The lawsuit, announced Monday by Conserve Big Bend with the backing of dozens of landowners, lands as the administration accelerates a $46 billion effort to line roughly 2,000 miles of the southern border with 30-foot steel bollard walls, vehicle barriers and detection technology aimed at stopping smugglers and migrants.
In Texas, that push has drawn numerous lawsuits and bipartisan resistance from sheriffs, elected officials, tour guides, environmental groups and landowners.
David Keller, an archaeologist and historian who specialises in the Big Bend and lives in the region, said officials backing the wall "were woefully unprepared for the hornet's nest they stirred up because they had no idea how much we love this place." He added: "For us, the Big Bend is not an empty place on the map. It is our home."
The administration has waived numerous regulations and statutes protecting the environment, archaeology and wildlife, citing an urgent need to secure areas of what Homeland Security calls "high illegal entry." The plaintiffs argue that description does not fit Big Bend, pointing to historical Customs and Border Protection statistics showing far fewer crossings there than elsewhere along the U.S.-Mexico border.
The region accounts for about 500 miles of border with Mexico — roughly a quarter of the total length from the Pacific Ocean to the Gulf of Mexico — yet recorded only about 1% of arrests, according to figures cited in the lawsuit. The plaintiffs contend the Department of Homeland Security is misusing congressional powers that let the secretary broadly waive regulations to build walls or other infrastructure where large numbers of people are trying to cross illegally.
"That determination is legally and factually unsound and unsupported," the plaintiffs wrote.
The suit is the latest attempt to slow or stop the administration's plans in Texas and beyond. The loudest objections have focused on Customs and Border Protection's proposals for Big Bend National Park, in the far southwestern corner of Texas where the Rio Grande separates the two countries. The park's remote, rugged terrain, steep limestone canyons and clear night skies draw visitors from around the world.
Government lawyers have told court hearings that no final decisions have been made on what will be built in the park, though plans made public so far include a new road, detection technology and vehicle barriers. When bulldozers were seen clearing land in the park in August, outrage spread across the state. CBP Commissioner Rodney Scott temporarily paused construction-related activity there, but many activists and residents want broader changes to the administration's plans for the region.
Native American groups say construction could hinder their religious practice and damage sacred sites, while environmentalists fear flooding and disrupted wildlife migration. Landowners who have lived and worked along the Rio Grande for years question how they will feed livestock or water crops without access to the river.