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Supreme Court Greenlights Trump Administration Border Wall in Big Bend

The US Supreme Court has allowed the Trump administration to resume border wall construction in Big Bend National Park, overriding a lower court order.

By Hiroshi Ferrari ·

Illustration for: Supreme Court Greenlights Trump Administration Border Wall in Big Bend
Illustration generated for this article, not a news photograph.

The United States Supreme Court has issued a ruling that allows the Trump administration to proceed with constructing a border wall in Texas’s Big Bend region. The decision includes plans for construction within portions of Big Bend National Park. This move reverses a temporary halt that had been ordered by a lower court just last month.

In an unsigned, five-page opinion, the nation’s highest court granted the administration’s emergency request to suspend the lower court’s injunction. Only Justice Ketanji Brown Jackson, a liberal member of the nine-person bench, dissented from the decision. The majority opinion noted that plaintiffs, including the Center for Biological Diversity, a local river guide, and a church preservation group, argued that construction would reduce their ability to use and enjoy the area.

The justices emphasized that Congress passed immigration legislation permitting the secretary of homeland security to waive certain environmental and conservation laws. They stated that this legal framework reflects a clear preference for rapid border construction over the specific harms alleged by the respondents. Consequently, the court determined that the government’s interests outweigh the aesthetic, recreational, and environmental concerns raised by the plaintiffs.

The administration intends to build more than 300 miles of six-foot-tall vehicle barriers along with supporting roads. This project relies on a 1996 law that authorizes the homeland security secretary to waive all legal requirements in areas designated for high levels of illegal border crossings. Plaintiffs contend that the project threatens wildlife and public lands, potentially destroying iconic sections of the Rio Grande’s protected river corridor and undermining a complex web of protective laws.

Local opposition to the wall has been bipartisan. Many residents warn that the construction could disrupt their communities and threaten their livelihoods. A map from Customs and Border Protection details plans for barriers and patrol roads across the national park, including remote areas that would require extensive dynamite blasting. The Center for Biological Diversity highlighted that construction is planned in isolated canyons where unauthorized vehicle crossings have not been documented and where vehicles cannot currently reach the border.

Rodney Scott, the commissioner of Customs and Border Protection, stated that the wall is being built at a rate of approximately 12 miles per week. He expects the project to be completed by the end of Trump’s second term. CBP has awarded five contracts totaling more than $6 billion for border security upgrades in Big Bend. These upgrades include 30-foot steel fencing, vehicle barriers, and surveillance technology, which the agency refers to as its smart wall.

The Center for Biological Diversity strongly condemned the Supreme Court’s decision. The group stated that the ruling allows contractors to bulldoze pristine desert and dynamite canyon walls before courts have fully decided on the legality of the destruction. They described the decision as a sign-off on the permanent alteration of the wildest place in Texas and the theft of a major American river.

The organization noted that previous construction had sparked significant public outrage, forcing the administration to pause its plans. They warned that if construction resumes, public opposition will only intensify. The center added that the damage to Big Bend will affect future generations of Texans and Americans, and that the administration will bear responsibility for the lost natural heritage.

Earlier in October, when a federal judge temporarily halted the construction, CBP maintained its confidence in its legal authorities to secure the border while preserving the region’s unique landscape. The Guardian has reached out to CBP for further comment on the Supreme Court’s latest ruling.

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