Supreme Court rules border wall construction can continue in West Texas: NPR


In September, Texas landowners filed a separate lawsuit over the federal government's border barrier plans in the Big Bend region, claiming their constitutional rights were being violated.

In September, Texas landowners filed a separate lawsuit over the federal government’s border barrier plans in the Big Bend region, claiming their constitutional rights were being violated.

Carlos Morales

/for NPR.

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Carlos Morales

/for NPR.

The U.S. Supreme Court on Monday allowed the Trump administration to continue plans to build hundreds of miles of border barriers and security infrastructure in West Texas while a court hearing on those efforts moves forward.

The federal government’s plans have drawn bipartisan backlash because of the inclusion of Big Bend National Park, a beloved stretch of public land known for its vast canyons and pristine desert landscape.

In a five-page decision released Mondaythe high court wrote that the federal judge who ruled on the order did not have the authority to rule.

“The injunction thus prevents the government from furthering its ‘compelling interests’ in border security and integrity,” the unsigned ruling states. Justice Ketanji Brown Jackson was the sole dissenter in the decision.

The court wrote that federal law allows Department of Homeland Security Secretary Markwayne Mullin to waive environmental protection and conservation laws, which they called a “clear preference for rapid border construction over the very harms defendants claim.”

In an emergency request in the High Court of end of OctoberThe federal government urged judges to step in and allow work to resume, saying a gap in “border defenses” in the Big Bend region would “act as a dangerous magnet for cartels and other bad actors.”


Along the border in the Big Bend region of Texas, local residents posted signs protesting the Trump administration's border security plans for the region.

Along the border in the Big Bend region of Texas, local residents posted signs protesting the Trump administration’s border security plans for the region.

Carlos Morales/for NPR.


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Carlos Morales/for NPR.

A federal judge in El Paso issued a temporary injunction that halted construction of 30-foot-high steel barriers, patrol routes, surveillance systems and other border infrastructure.

The Center for Biological Diversity, an environmental advocacy group, filed the suit, along with an area nonprofit working to preserve a historic church near the U.S.-Mexico border and a landowner who faces losing his border property.

“This decision gives the green light to entrepreneurs and allows bulldozers to return in force to the region,” said Laiken Jordahl of the Center for Biological Diversity. “It allows for the blasting of canyon walls in national parks, the bulldozing of pristine desert.”

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