EL PASO, Texas (Border Report) — Opponents of border construction in the Big Bend region brought their fight to federal court Friday, and they came out with a victory that stops work they say threatens private property, wildlife and historic sites along the Rio Grande.
U.S. District Judge Kathleen Cardone granted a preliminary injunction blocking the construction of border wall and other border security infrastructure in the Big Bend region.
In the order granting the injunction, Cardone wrote, “The Court finds that Plaintiffs are likely to succeed on the merits of at least one of the claims in suit, that there is a likelihood that they will suffer serious, irreparable harm without an injunction, and that the balance of the equities and the public interest weigh in their favor.”
The order says that, effective immediately, the defendants — the Department of Homeland Security, Homeland Secretary Markwayne Mullin and U.S. Customs and Border Protection — “SHALL NOT build border barrier or related infrastructure, or engage in any construction or ground disturbing activities, in the Big Bend Sector until and unless Defendants comply with all applicable laws.
The Center for Biological Diversity, one of the plaintiffs, called Cardone’s ruling a “massive, historic victory.”
Laiken Jordahl, national public lands advocate with the Center for Biological Diversity, said Big Bend is the wild heart of Texas. Photo: Aracely Lazcano/Border Report.
“This is a historic victory for Big Bend and everyone who loves this wild corner of Texas,” said Laiken Jordahl, national public lands advocate at the Center for Biological Diversity. “No administration has the right to destroy a crown-jewel national park for political theater. With a federal court ordering the bulldozers to stop, Big Bend gets to breathe. But this fight is far from over. We won’t rest until Big Bend’s environmental protections are fully restored and the illegal waiver that allowed so much destruction is gone for good.”
Cardone had scheduled the hearing to consider a preliminary injunction that would halt border infrastructure construction in Big Bend National Park and the surrounding region while a lawsuit proceeds. The plaintiffs include the Center for Biological Diversity, Friends of the Ruidosa Church and Big Bend-area river guide and landowner Danny William Miller Jr.
Jordahl said opponents wanted both an immediate stop to construction and a broader ruling against the federal government’s use of legal waivers.
“We are here finally having our day in court to argue for a permanent stop to border wall barrier road construction in the Big Bend region, and hopefully to invalidate the waiver authority that’s being used to strip away legal protections from border residents, from wildlife,” Jordahl told Border Report before the hearing.
Friday’s request for a preliminary injunction concerned whether construction can continue during the litigation. The lawsuit separately seeks a permanent injunction and a declaration that the challenged waivers violate the Constitution.
The plaintiffs argue that the Department of Homeland Security has exceeded its constitutional authority by setting aside environmental and historic preservation requirements to expedite border projects. Their amended complaint alleges that the government’s actions threaten river access, recreation, livelihoods and cultural resources.
DHS offers a different rationale. In its June 9 waiver notice, the department said additional barriers and roads would help prevent unlawful entry and smuggling. Homeland Security Secretary Markwayne Mullin cited authority Congress granted under Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 to waive legal requirements for expedited construction.
The waiver sets aside requirements under laws including the National Environmental Policy Act, Endangered Species Act, Clean Water Act and National Historic Preservation Act for the designated project area.
Jordahl accused DHS of damaging national park land and pursuing Texans’ properties for construction. He said opposition crosses political lines.
“It’s completely nonpartisan. We’ve got conservative sheriffs. We’ve got conservative ranchers on our side,” he said. “They have picked a fight with the toughest part of Texas in Big Bend.”
Jordahl said he hoped the court would conclude that DHS had overstepped its authority and stop further damage.
“Our message is that Big Bend is the wild heart of Texas, and we will do everything in our power to protect this place, this national park, this amazing river,” he said.
Former state Rep. Norma Chavez, who attended in support of opponents, said the dispute carries implications for people concerned about border construction near Mount Cristo Rey.
“Every American should be concerned at what’s happening,” Chavez told Border Report.
Chavez said she fears an unfavorable outcome in the Big Bend challenge could make efforts to protect Cristo Rey more difficult. She also argued that border infrastructure threatens ecosystems that extend across international boundaries.
“It’s a big land grab,” Chavez said. “It’s a violation of ecosystems that pass internationally.”
Her comments connected the Big Bend dispute to broader concerns about border construction around El Paso. The lawsuit reviewed for this story challenges projects in the Big Bend region.
The center initially filed the lawsuit with its fellow plaintiffs in April and later expanded the challenge to cover additional waivers. Attorneys from the Center for Biological Diversity and Texas Civil Rights Project represent the plaintiffs.
For Jordahl, the fight centers on preserving the landscape and the communities that depend on it.
“Everybody who lives in the Big Bend region has such a deep love for the land,” he said. “And without Big Bend, Texas is so much less wild.”
Aracely Lazcano can be reached at alazcano@borderreport.com
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