EL PASO, Texas – (KFOX14/CBS4) — A federal court hearing in El Paso later this morning could shape the future of border barrier construction in and around Big Bend National Park, as opponents of the project rally outside the courthouse.
The rally is set to start at 8 a.m., with the hearing scheduled to begin at 9 a.m.
A federal judge will consider temporarily halting construction of border infrastructure in the national park while a lawsuit seeking to stop the work altogether moves forward.
The lawsuit was filed by the Center for Biological Diversity, a Big Bend church group and a local landowner.
RELATED: Hundreds rally at Texas Capitol against proposed Big Bend border wall
It names the Department of Homeland Security as the defendant, arguing the agency is using powers the suit says Congress never authorized.
The lawsuit claims the department used waivers to fast-track barriers and roads through the region.
Customs and Border Protection paused construction inside the park after what was described as nonpartisan backlash and pushback from local leaders, residents and environmental advocates.
The project has not been canceled.
During a campaign stop in El Paso last month, Gov. Greg Abbott was asked about the pending lawsuit.
Abbott said, “I’ve talked to staff at Homeland Security and then multiple times with the secretary himself beginning in early July all the way to this past weekend. And every conversation that I had was that they would not be building any wall, any fence, any barrier like that. They had other tools and strategies where they could secure that portion of the border without erecting those types of barriers.”
Supporters expected at the rally include Big Bend residents, landowners and business owners.
The judge could rule after today’s hearing or take the request under advisement.
RELATED: Sen. César J. Blanco visits Big Bend National Park as border wall construction is halted
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