CBP says Big Bend work is limited as legal challenges grow
Federal contractors begin border barrier construction near Santa Elena Canyon, inside Big Bend National Park. August 6, 2026. (credit: Natalie Newman)
U.S. Customs and Border Protection Commissioner Rodney S. Scott is pushing back on claims the agency is directing the destruction of Big Bend National Park as pictures and videos show heavy equipment moving through parts of the park and legal challenges seeking to stop construction mount.
Scott: CBP ‘NOT building a 30-foot wall’ in Big Bend
On Thursday, Scott released a statement he said was "correcting the record" on projects happening in Big Bend National Park.
What they're saying:
"CBP is building one new access road, improving existing roads, installing detection technology, and placing vehicle barriers in limited, strategic locations. We are NOT building a 30-foot wall or stadium lighting through Big Bend National Park, Big Bend Ranch State Park, or the Black Gap Wildlife Management Area," Scott said.
Scott said the photographs and videos showing heavy machinery inside the park are survey and design work.
"Big Bend belongs to the American people, and our job is to keep it safe," Scott said. "We are working to preserve the landscape and protect the access visitors and local businesses depend on."
CBP has long said they were not planning to build an actual wall in the park. Instead, a CBP spokesperson said in June that they were planning to build vehicle barriers with metal posts and cross-beams in some areas of the park, but said most of the construction would take place in areas that weren't often visited by park goers.
Other areas in the park would install technology such as cameras and sensors to detect people and vehicles inside the park. They also plan to build additional service roads.
Tribal nonprofit and outdoor recreation company sue to stop construction
The other side:
The latest challenge to the Trump administration's efforts in Big Bend came on Friday when a tribal nonprofit and an outdoor recreation company sued to stop border wall-related construction.
People of La Junta for Preservation said the project threatens archaeological resources and places of "culture and potentially religious significance" for its members.
What they're saying:
"Once an archaeological site is excavated by heavy machinery, once the physical context of artifacts is destroyed, or once a sacred or culturally significant landscape is permanently altered, the injury is irreparable," the lawsuit states.
The lawsuit argues that the Department of Homeland Security is acting outside its authority and violating the religious rights of the Lipan Apache people.
"We are fighting the wall in court because our ancestors did not survive on this land for thousands of years for us to stand by and wait for someone else to come save it—we are here, we are responsible for it, and we will fight for it ourselves," Christina Hernandez, founder and director of The People of La Junta for Preservation, said.
The lawsuit claims that while DHS Secretary Markwayne Mullin waived dozens of federal and state laws on June 9, he did not waive the provision under which Congress assigned "administration, protection, and development" of the park exclusively to the Secretary of the Interior and the National Park Service.
The groups are being represented by state Sen. Roland Gutierrez.
"The Trump administration wants DHS to bulldoze over the law just as badly as they have bulldozed America. We will not stay silent as the federal government continues to trample over the liberties of everyday people. We are going to fight back with everything we’ve got to preserve these lands for generations to come," Gutierrez said.
Border construction faces challenges from environmental groups, local governments
Dig deeper:
Friday's lawsuit isn't the only challenge to construction in the Big Bend Region.
Environmental groups, including the Center for Biological Diversity, filed a lawsuit in April seeking to challenge the waiver of laws they said was designed to fast track the construction.
In June, a Presidio and Presidio County economic development group sued the Trump administration claiming construction plans in the region would increase the threat of flooding in the Big Bend region.
The Source: Information in this article comes from state Sen. Roland Gutierrez and CBP Commissioner Rodney Scott. Backstory on border protection plans in Big Bend come from previous FOX Local reporting.