WASHINGTON — The Supreme Court on Monday allowed President Donald Trump to move forward with construction of his border wall in the isolated Big Bend region of southwest Texas.
The construction has been opposed by an environmental group and residents who say it would harm the environment and historic sites.
The justices blocked an injunction imposed by a Texas federal judge that had blocked construction while litigation continues.
In an unsigned five-page ruling, the court said the federal judge who ruled on the issue had no authority to do so, adding that the Trump administration was “extremely likely to prevail” on that point.
The government, the court added, has “compelling interests” when a contested policy involves border security.
Of the nine justices, only liberal Justice Ketanji Brown Jackson dissented.
The segment of the border adjacent to the Rio Grande is sparsely populated, with the Trump administration saying 89,000 people have been stopped there while trying to enter the United States in recent years.
The section in question, which the government says would involve 341 miles of construction, includes Big Bend National Park. The legal dispute centers on three waivers issued by then-Homeland Security Secretary Kristi Noem in February and by her successor, Markwayne Mullin, in May and July that allowed the government to evade environmental and conservation laws.
In a court filing, Solicitor General D. John Sauer said Congress in 1996 gave the government “broad authority” to build border infrastructure without the hassle of red tape.
The decision was challenged by the Center for Biological Diversity, an environmental group; Friends of Ruidosa Church, a nonprofit group dedicated to restoring a historic area church; and Danny Miller, a river guide who owns property in the area.
Lawyers for the challengers said that if construction continued, it would “result in the permanent alteration of an irreplaceable landscape” and “threaten unique historic and cultural resources.”
Contrary to government claims, the Big Bend region has “the lowest migrant apprehension rates” along the border, they added.
Government data shows that Big Bend has the section of the southern border with the lowest number of encounters between federal agents and migrants.
The plaintiffs say the 1996 law allows only limited exemptions for border construction projects in areas where illegal crossings are pervasive.
U.S. District Judge Kathleen Cardone on Oct. 2 struck down Noem’s waivers, saying the secretary did not have such broad powers.
Cardone refused to stay his decision, prompting the administration to turn to the Supreme Court.
Trump’s promise to build a wall along the U.S.-Mexico border has been one of his signature policies since his first presidential campaign in 2016. It is part of his hardline immigration policy, focused on border security and mass deportations.
Officials have warned that if more parts of the wall are built but the Big Bend area remains open, it will be exploited by those seeking to enter the country illegally.
Buoyed by construction funding from the Republican-controlled Congress, the administration is seeking to carry out Trump’s plan by completing a 2,000-mile installation that includes steel panels, vehicle barriers and new surveillance technology.
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