US federal judge blocked wall’s construction on Texas-Mexico border amid an ongoing legal battle.
Published On 22 Oct 2026
The Trump administration has asked the Supreme Court to allow it to resume plans to build a border wall through the Big Bend region of West Texas, as part of its anti-immigration policy to strengthen security on the border with Mexico.
The Justice Department filed an emergency request on Wednesday asking the court to lift a federal judge’s injunction in a lower court that has halted construction while a lawsuit against the project, brought by an environmental group and other challengers, plays out.
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The Department of Homeland Security plans include vehicle barriers, patrol roads, lighting and detection technology in and around Big Bend National Park.
Big Bend has about 805km (500 miles) of border, and, according to opponents of the project who have sued the administration, accounts for about 1 percent of migrant arrests.
Landscape, historic church
The lawsuit, filed by plaintiffs including the Center for Biological Diversity and a Big Bend-area river guide, seeks to preserve the landscape, protect a historic church, and challenge the federal government’s waivers of environmental and historical laws to fast-track the $1.7bn project.
Former Homeland Security Secretary Kristi Noem and current Secretary Markwayne Mullin, who issued the waivers between February and July, found the region to be an “area of high illegal entry”, requiring additional barriers to control the border.
US District Judge Kathleen Cardone issued an injunction in El Paso on October 2 halting work “until and unless Defendants comply with all applicable laws,” she wrote in her order.
In a later opinion, the judge found that the waivers exceeded the authority of Noem and Mullin.
The Justice Department in its request urged the Supreme Court to pause or overturn Cardone’s injunction.
The Supreme Court has not yet responded to this appeal.
“Even assuming that the secretary’s waiver authority implicates a question of ‘vast economic and political significance,’ Congress did clearly authorize the secretary both to build border barriers and to waive legal requirements in order to facilitate their expeditious construction,” the Justice Department wrote.
In August, the administration paused construction in Big Bend after the project drew bipartisan criticism over its potential impact on the park’s landscape and wildlife.
