Trump administration seeks Supreme Court approval to build Big Bend wall | Courts News
A federal judge has temporarily halted the construction of a border wall in the Big Bend region of Texas, amidst ongoing legal disputes regarding the project.
On October 22, the Trump administration requested that the U.S. Supreme Court allow the resumption of its plans for the wall, as part of its initiative to enhance border security. The request follows an emergency motion filed by the Justice Department, which seeks to overturn a lower court’s injunction that currently prevents construction while a lawsuit proceeds.
The injunction was issued by U.S. District Judge Kathleen Cardone on October 2, 2026, in El Paso. Judge Cardone’s order stated that construction could not continue “until and unless” the defendants comply with all applicable laws. In her subsequent opinion, Judge Cardone determined that the waivers issued by former Homeland Security Secretary Kristi Noem and current Secretary Markwayne Mullin exceeded their authority.
The federal lawsuit against the wall involves environmental groups, including the Center for Biological Diversity, and other local plaintiffs. They argue that construction threatens the area’s landscape and historical sites, and challenges the federal government’s decision to waive various environmental and historical protection laws to expedite the $1.7 billion project. The Big Bend region hosts approximately 500 miles of border with Mexico, yet its contributions to migrant arrests are estimated to be around 1 percent, according to project opponents.
The Department of Homeland Security’s plans encompass not only the construction of vehicle barriers, but also the installation of patrol roads, lighting, and detection technology within and around Big Bend National Park. In August, the administration paused construction in response to bipartisan concerns about the project’s potential impact on the park’s environment and wildlife.
The Supreme Court has not yet responded to the Justice Department’s appeal to lift Judge Cardone’s injunction. The Justice Department contends that the secretary holds the authority to both construct border barriers and waive legal requirements deemed necessary for expediting the project.
