Trump administration appeals Big Bend border construction halt to Supreme Court
Big Bend National Park is seen in southern Texas, on August 15, 2026. US President Donald Trump's administration plans to build a section of the border wall inside the national park. (Photo by RONALDO SCHEMIDT / AFP via Getty Images)
The Trump administration on Wednesday asked the Supreme Court to allow construction along the U.S.-Mexico border in Texas' Big Bend region.
Trump administration asks Supreme Court to lift lower court's ruling
The federal government filed an emergency appeal asking the judges to lift an Oct. 2 decision that halted construction in the region.
In Wednesday's filing, the government argues that a border barrier and roads are needed in the Big Bend sector, saying a 300-mile gap would "act as a dangerous magnet for cartels and other bad actors."
The Oct. 2 ruling that halted construction comes from one of the many lawsuits that have challenged construction in the region. The Center for Biological Diversity, along with Friends of the Ruidosa Church and an area river guide, filed the lawsuit against the Department of Homeland Security in April. The lawsuit claims DHS violated a U.S. Constitution provision requiring Congressional approval.
The government has argued that the area is an area of high illegal entry, and said the secretary of Homeland Security has the authority to bypass environmental and other regulations that would slow down the progress of the construction.
Opponents argue that Big Bend does not fit the description of "high illegal entry." The Big Bend region covers around a quarter of the U.S.-Mexico border and saw just 1.3% of all border apprehensions in 2025.
U.S. District Judge Kathleen Cardone's order states the groups challenging construction in Big Bend are "likely to succeed on the merits of at least one of the claims" and that "there is a likelihood that they will suffer serious, irreparable harm" without the court's intervention.
Bulldozers begin work on border security project in Big Bend National Park
Heavy machinery has begun clearing land in Big Bend National Park for border security roads and detection technology.
Prior to Cardone's decision, DHS had paused construction amid pressure from opponents of the project. In August, bulldozers and other heavy equipment were seen in Big Bend National Park clearing land for border security measures.
What they're saying:
On Wednesday, the government said that protecting the park and other areas of the region was not as important as "extraordinarily strong border security."
"The notion that respondents’ interest in ‘escap[ing] from modern life’ in the ’wild spaces in the Big Bend Sector' and preserving ‘the spiritual, recreational, and aesthetic value of the area,' …surpasses the United States’ paramount interest in preventing a quarter of the border from becoming a magnet for cartel exploitation defies credulity," court documents state.
The other side:
The Center for Biological Diversity said they were confident that Cardone's decision would stand.
"We’re deeply disappointed that the Trump administration is asking the Supreme Court for a green light to bulldoze one of America’s wildest, most extraordinary landscapes," Zeynep Graves, a senior attorney at the Center for Biological Diversity, said. "Once Big Bend's canyons, cultural treasures and wild ecosystems are destroyed, they’ll be lost forever. We’re confident the law is on our side and that only Congress can authorize something as consequential as walling off the entire U.S.-Mexico border. We won’t stop fighting for Big Bend until it’s protected forever."
The Source: Information in this article comes from a filing made in the Supreme Court and comments from the Center for Biological Diversity.