Supreme Court Clears Big Bend Border Wall Construction

The Supreme Court on November 9 allowed the Trump administration to resume building border barriers and related infrastructure in the Big Bend region of West Texas. The unsigned decision lifted an injunction issued by U.S. District Judge Kathleen Cardone. Justice Ketanji Brown Jackson was the only justice to dissent, saying she would have rejected the administration’s request for emergency relief.

The court said the lower court’s order impeded the government’s stated interests in border security. It also ruled that Cardone lacked authority to issue her order. Her October ruling had found that Homeland Security officials exceeded their powers when issuing waivers that set aside environmental and historic-preservation requirements.

The waivers, issued by former Homeland Security Secretary Kristi Noem and her successor Markwayne Mullin, relied on a 1996 law granting authority to waive requirements for expedited border construction. The administration says 89,000 people were detained attempting to cross in the region between 2021 and 2025. The challengers argue Big Bend has the lowest apprehension levels among the southern border’s sectors and that the law permits waivers only in areas with pervasive crossings.

The lawsuit was brought by an environmental group, a nonprofit focused on restoring a historic church, and river guide Danny Miller, who owns property in the area. They argue that construction would damage habitat, historic sites and the Rio Grande landscape. The government has said a gap there could be exploited for illegal crossings and trafficking. The case will continue as construction moves forward; the government says its plans involve 341 miles of construction.

Supreme Court Lets Trump Resume Construction Through Big Bend

The Supreme Court has opened the way for the Trump administration to press ahead with border construction in the Big Bend region, lifting a judge’s order that halted work while a lawsuit proceeds. The stakes extend beyond a barrier: challengers say the project threatens habitat, historic resources and a distinctive Rio Grande landscape.

The administration relied on waivers that set aside environmental and preservation requirements under a 1996 law. Judge Kathleen Cardone ruled that Homeland Security officials exceeded their authority. The Supreme Court overturned her block, saying she lacked authority to issue it; Justice Ketanji Brown Jackson dissented.

The challengers—including an environmental group, a historic-church nonprofit and a guide for river trips whose property lies nearby—say Big Bend has the lowest apprehension levels among the southern border’s sectors. The administration cites 89,000 detentions in the region between 2021 and 2025 and argues construction is needed for border security. The lawsuit continues, but the court’s decision allows work to resume as it does.

Supreme Court Removes Obstacle to Big Bend Border Security

The Supreme Court has cleared a path for the Trump administration to resume border construction in Big Bend, removing a lower-court order that had stalled barriers and related infrastructure. The court said the order impeded the government’s compelling border-security interests and that the judge lacked authority to issue it.

The administration says 89,000 people were detained trying to cross in the region between 2021 and 2025, and has warned that leaving the area open could create a vulnerability for illegal entry and trafficking. The project relies on waivers under a 1996 law allowing officials to set aside requirements to speed border construction.

Opponents argue the waivers exceeded the law and say Big Bend has the lowest apprehension levels among the southern border’s sectors. Their lawsuit also raises concerns about environmental and historic damage. But Justice Ketanji Brown Jackson was the sole dissenter as the court lifted the injunction, allowing construction to proceed while litigation continues.