Federal judge weighs temporary halt to Big Bend border barrier work at El Paso hearing

EL PASO, Texas – (KFOX14/CBS4) — A federal court hearing in El Paso granted an injunction Friday morning to halt the construction of a border barrier in and around Big Bend National Park, as opponents of the project rally outside the courthouse.

The hearing began at 9 a.m.

U.S. District Judge Kathleen Cardone granted a preliminary injunction in El Paso, meaning the Department of Homeland Security must stop construction for now as the lawsuit moves forward.

It’s a decision plaintiffs say protects river access, wildlife and a way of life while a legal fight continues.

“It’s really hard to put it into words because we dodged a bullet here today,” said Danny “Billy” Miller, a Terlingua resident and landowner near Big Bend National Park.

The lawsuit was filed by the Center for Biological Diversity, Friends of the Ruidosa Church and a Big Bend-area landowner.

It names the Department of Homeland Security as the defendant, arguing the agency is using powers the suit says Congress never authorized.

The case also argues DHS unconstitutionally waived dozens of laws to fast-track border walls, roads and other infrastructure.

The waivers cover areas in and around Big Bend National Park, Big Bend Ranch State Park and the Lower Canyons of the Rio Grande.

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.

“Today’s win is massive. It’s historic…it’s a very big day for everybody who loves Big Bend so much,” said Laiken Jordahl, national public lands campaigner for the Center for Biological Diversity.

Zeynep Graves, a senior attorney for the Center for Biological Diversity, said the ruling came after the plaintiffs presented evidence of harm tied to the construction.

“Today we were able to present evidence of the imminent and irreparable harms that the plaintiffs are suffering here because of the federal government’s unconstitutional border wall infrastructure construction. And the court agreed with us,” Graves said.

Attorneys said bulldozers had already cleared land near Santa Elena Canyon and about a mile of border wall had gone up in the western part of the sector.

“We have been watching the government come in and start constructing roadways and actually putting walls up,” Jordahl said. “We filmed bulldozers carving into pristine desert mountainsides. We saw them plowing over native vegetation in endangered species habitat.”

The plaintiffs called eight witnesses to describe the impact they believe the project would have on the land, wildlife and river access.

The defense called no witnesses.

For Miller, who owns land in Big Bend and takes people on river trips, the injunction offers relief for now.

“Having surveillance towers, patrol roads with Border Patrol going through your camp even worse, the steel bollard walls it would kill not only our communities, our way of life, our jobs, but would kill all of the wildlife,” Miller said.

The Department of Homeland Security provided the following statement:

We stand by our assessment and remain confident in our legal authorities to secure the border while preserving the unique landscape of the Big Bend region. We are working with the Department of Justice on next steps.

The injunction remains in place as the lawsuit proceeds unless a higher court changes the ruling.

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.”

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