Judge encourages settlement as border construction legal battle persists
Court pause on Big Bend border construction extended; lawsuit alleges Native American rights violations.
Event / Politics
Federal court proceedings in Texas result in extended pause on border construction in Big Bend National Park. The Trump administration's $46 billion border security plan faces legal and environmental opposition over impacts on national parklands and Native American religious sites.
2026-08-29 to 2026-11-08 · UTC publication dates
Coverage begins 29 Aug, 05:34 UTC
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Government lawyers argued in court that Customs and Border Protection's authority to build border infrastructure derives from Congress. The government asserted that Congress has granted authority to build the wall and other border security infrastructure and to waive certain regulations to expedite construction.
The federal government agreed in court to extend a pause on border-related construction in Big Bend National Park until mid-September. Customs and Border Protection had already paused activity after CBP Commissioner Rodney Scott visited the park to consult with local officials following public backlash when bulldozers began plowing through parts of the remote South Texas park.
A lawsuit filed against the government alleges that border infrastructure construction in Big Bend National Park violates the religious freedoms and cultural practices of Native Americans. The suit specifically cites concerns about access to burial sites and areas where tribes conduct ceremonies that are central to their religious practices.
As border construction has ramped up, the Trump administration has faced increasing opposition from a coalition of landowners, environmental groups, and Native American tribes challenging the project.
The Trump administration is implementing a $46 billion plan to cover the 2,000-mile U.S.-Mexico border with a combination of 30-foot-tall steel bollard walls, vehicle barriers, and detection technology. The plan includes construction work in Big Bend National Park and other areas to stop illegal immigration and smuggling.
During a court hearing in San Antonio, U.S. District Judge Orlando L. Garcia stated his hope that the two sides would use the extended pause to work together and address both parties' concerns regarding the border construction project in Big Bend National Park.
Court pause on Big Bend border construction extended; lawsuit alleges Native American rights violations.