Trump administration seeks Supreme Court approval to build Big Bend wall

US federal judge blocked wall’s construction on Texas-Mexico border amid an ongoing legal battle.

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Lipan Apache tribe member Joey Montoya attends a rally opposing border wall construction in Big Bend National Park, outside the federal courthouse during an emergency hearing on the project in San Antonio, Texas, on August 28, 2026 [File: Joel Angel Juarez/Reuters]

Landscape, historic church

The lawsuit, filed by plaintiffs including the Center for Biological Diversity and a Big Bend-area river guide, seeks to preserve the landscape, protect a historic church, and challenge the federal government’s waivers of environmental and historical laws to fast-track the $1.7bn project.

Former Homeland Security Secretary Kristi Noem and current Secretary Markwayne Mullin, who issued the waivers between February and July, found the region to be an “area of high illegal entry”, requiring additional barriers to control the border.

US District Judge Kathleen Cardone issued an injunction in El Paso on October 2 halting work “until and unless Defendants comply with all applicable laws,” she wrote in her order.

In a later opinion, the judge found that the waivers exceeded the authority of Noem and Mullin.

The Justice Department in its request urged the Supreme Court to pause or overturn Cardone’s injunction.

The Supreme Court has not yet responded to this appeal.

“Even assuming that the secretary’s waiver authority implicates a question of ‘vast economic and political significance,’ Congress did clearly authorize the secretary both to build border barriers and to waive legal requirements in order to facilitate their expeditious construction,” the Justice Department wrote.

In August, the administration paused construction in Big Bend after the project drew bipartisan criticism over its potential impact on the park’s landscape and wildlife.