The Supreme Court on Monday cleared the way for the Trump administration to resume construction of border barriers and security infrastructure through the Big Bend region of West Texas, lifting a lower court’s injunction that had temporarily halted the project.
Supreme Court Ruling on Big Bend Construction
In an unsigned, five-page decision, the high court granted the administration’s emergency request to suspend a preliminary injunction issued by U.S. District Judge Kathleen Cardone on October 2. The ruling allows work to proceed while litigation over the project continues.
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The court’s majority explained that the federal government is exceedingly likely to prevail on its argument that Judge Cardone lacked the power to consider the challengers’ major-questions-doctrine claim,
noting that the claim does not allege a violation of the Constitution of the United States.
The justices emphasized that federal law allows the Department of Homeland Security (DHS) to waive environmental protections and conservation laws, citing a clear preference for expeditious border construction over the very harms respondents assert.
In its emergency application to the high court, the federal government, through Solicitor General John Sauer, argued that the lower court’s injunction was “baseless” and “unprecedented.” The government maintained that any gap in border defenses in the Big Bend region would act as a dangerous magnet for cartels and other bad actors and become a funnel point for illegal alien crossings thwarted by barriers elsewhere.
Environmental and Legal Challenges
The legal dispute focuses on waivers issued by the Department of Homeland Security. These waivers allowed the government to waive legal requirements to facilitate construction. The lawsuit, filed by the Center for Biological Diversity, Friends of the Ruidosa Church, and a Big Bend river guide, argues that these waivers are unlawful.
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Construction is planned in isolated canyons where no unauthorized vehicle crossings have been documented and where vehicles cannot reach the U.S.-Mexico border.
In her October ruling, Judge Cardone determined that those challenging the project had a strong case that the government had overstepped its authority by waiving federal mandates, pointing out that the Big Bend area fails to meet the requirements for a high illegal entry.
She noted that although this sector covers more than 25% of the border, it represents only a small fraction of total migrant apprehensions, with historical figures fluctuating between 0.3% and 2.2%.
Trump Executive Order Drives Border Barrier Construction
The administration’s construction push follows an executive order signed by President Trump on January 20, 2025, directing the government to pursue complete operational control
of the southern border. Recent federal contracting documents suggest plans for nearly 70 miles of secondary barriers in the region, with contractors instructed to position poles to provide cameras with a continuous view of the Rio Grande.
According to previous remarks from CBP Commissioner Rodney Scott, the wall is progressing at a rate of roughly 12 miles per week and is slated for completion by the conclusion of Trump’s second term.
Bipartisan Backlash in Texas
The project has faced bipartisan opposition. Texas Senator John Cornyn, a Republican, published an op-ed on November 9 titled The Case Against the Big Bend Border Wall.
Texans should not have to bear another unnecessary financial burden caused by building a 30-foot wall atop a 1,000-foot riverbank cliff,
Cornyn wrote.
Environmental groups and other opponents voiced their disapproval on social media following the November 9 Supreme Court decision. The Sierra Club posted on X that it was outraged by the decision allowing construction to resume.
We are outraged by the Supreme Court’s decision allowing Trump’s border wall construction to resume in @BigBendNPS. This destructive project threatens irreplaceable wildlife habitat, sacred cultural sites, and one of America’s most treasured landscapes. Big Bend deserves… https://t.co/EKRu47zf4H
U.S. Rep. Greg Casar (D-Texas) criticized the ruling, stating the decision would only destroy the nature and wildlife that we love at Big Bend.
Jordahl also highlighted that the court ruled in favor of the administration shortly after electoral victories by Texas Democrats.
The corrupt and far-right Supreme Court just gave Trump the OK to rip up Big Bend with a border wall. No one will be safer or freer. It’s just going to destroy the nature and wildlife that we love at Big Bend. Democrats, Republicans, Texans of all backgrounds all agree: leave… https://t.co/UitRsXIaha
