Groups laud 'historic' ruling halting Big Bend border wall construction

U.S. District Judge Kathleen Cardone granted a preliminary injunction arguing the “plaintiffs are likely to succeed on the merits of at least one of the claims in suit, that there is a likelihood that they will suffer serious, irreparable harm without an injunction, and that the balance of the equities and the public interest weigh in their favor.” 

The ruling orders the Department of Homeland Security to halt building “border barrier or related infrastructure, or engage in any construction or ground disturbing activities, in the Big Bend Sector until and unless Defendants comply with all applicable laws.” 

It impacts roughly 500 miles of the southwest border where illegal crossings have been historically low. Under the Biden administration, this changed, with record high illegal entries and crime in Texas and the Big Bend region, The Center Square reported.

“In the 21 years since the REAL ID Act was passed, more than a dozen legal challenges have been filed by almost as many different groups. And we've lost every single time. Not once has a federal judge ever issued an injunction like this,” Jordahl said. “To put it into perspective, this decision slams the breaks on $7 billion in federal contracts given to politically connected construction tycoons and campaign donors. It restores dozens of our nation's most important environmental, public health and cultural protection laws to more than 500 miles of the U.S.-Mexico border. It stops the bulldozers from again tearing into Big Bend National Park, which DHS's own attorneys told our judge they were planning on doing next week.”

He’s referring to dozens of laws former DHS Secretary Kristi Noem signed waivers to ignore. They protect national historic sites, Native American grave protections, clean air, water and energy independence, migratory birds and other animals unique to the region, including the long protected American Bald Eagle, The Center Square reported. 

Jordahl also is referring to Noem’s administration granting contracts to construction companies whose owners donated to Republicans and have a record of decades of scandals, including criminal convictions of former owners and top staff, The Center Square reported. 

Noem’s actions caused outrage among conservative Republicans in rural Texas especially after her administration sent eminent domain notices to take their land. Thousands of Texans across party lines called on Congress, the state legislature and governor to act.

DHS Secretary Markwayne Mullin also signed a waiver to ignore all federal, state and local laws and regulations related to environmental and cultural preservation. Former National Park superintendents said doing so was “devastating” and wouldn’t create border security, The Center Square reported. 

The DHS secretaries signed the waivers citing statutory authority under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA) and additional authorities through the REAL ID Act of 2005, the Secure Fence Act of 2006 and the Consolidated Appropriations Act of 2008. 

The IIRIRA states that the secretary can “waive all legal requirements” using his/her “sole discretion,” deemed “necessary to ensure expeditious construction” of physical barriers and roads at the U.S.-Mexico border “to deter illegal crossings in areas of high illegal entry.” 

Texas Civil Rights project said the ruling set “a national precedent” halting federal waivers and was a “huge victory.” It argues the waivers and construction can’t be justified under the law because of low illegal crossings in the region, among other factors.

A No Big Bend Wall coalition also lauded the ruling, saying it came “after months of extraordinary advocacy from landowners, local businesses, river outfitters, conservation organizations, community members, and people across Texas and the country who have stood up for Big Bend.” 

The group, which filed a separate lawsuit last month, said the injunction “is a major moment for Big Bend — but the case is not over.” 

The ruling halts construction that began inside Big Bend National Park before CBP Chief Rodney Scott announced a temporary pause in August. He issued the pause and traveled to Texas after Sen. John Cornyn and other elected officials called on him and others to listen to Texans, The Center Square reported. 

After the ruling, a CBP spokesperson said, “We stand by our assessment and remain confident in our legal authorities to secure the border while preserving the unique landscape of the Big Bend region. We are working with the Department of Justice on next steps.”

DHS also posted a series of social media posts after the ruling, including of videos of the border wall, saying, “Americans can breathe easy knowing President Trump has secured our southern border.”