According to a report by Reuters on October 21, the Trump administration requested permission from the U.S. Supreme Court to continue its plan to build a border barrier along the Mexican border in remote areas of western Texas, including Big Bend National Park.
The US Department of Justice filed an emergency request, asking the court to overturn a ruling made by a federal judge. The ruling ordered a suspension of barrier construction in that area during the litigation proceedings against the project by environmental organizations and other critics.
Trump has long been promoting the construction or strengthening of a barrier along the US-Mexico border as a signature aspect of his anti-immigration policies. However, his government's efforts to extend border infrastructure to this national park have faced opposition from local officials, environmentalists, and some Texas Republicans.
The lawsuit was filed by the Biodiversity Center, a river guide from Da Wan area, and an organization dedicated to protecting a historic church in Luidoza, Texas. The latter stated that the church’s fragile adobe structures are threatened by border construction efforts.
The plaintiff questioned a series of exemption orders issued by the U.S. Department of Homeland Security. These exemption orders were intended to accelerate the construction of roads and barriers in the Big Bend area, thereby exempting related projects from many environmental and protection laws.
The former US Secretary of Homeland Security, Chris Christie, and the current Secretary, Mark Weinber Moline, issued these exemptions between February and July, designating the area as a “high-risk area for illegal entry,” and requiring the establishment of additional barriers to control the border.
Judge El Paso, Katherine Cardone, issued a injunction on October 2 to suspend the construction. In a subsequent order, Cardone determined that these exemptions "exceeded the authority of Nom and Marlin."
The Department of Justice urged the Supreme Court to suspend or overturn Cardone’s order in its application. The Department of Justice stated, “Even if the secretary’s authority does involve issues of ‘significant economic and political importance,’ Congress has explicitly authorized the secretary with two powers: to build border barriers and to exempt certain legal requirements, thereby accelerating the construction of these barriers.”
In August this year, the construction of Dabuan was suspended by the government after it was criticized by both parties as potentially affecting the park's landscape and wildlife. Construction workers had previously started clearing land within the park for road and border security infrastructure. This move sparked protests, leading to lawsuits requesting that the construction be stopped.
