The Trump administration has asked the US Supreme Court to let it resume building a border wall through the Big Bend region of West Texas. The project is part of its immigration policy, which aims to tighten security on the border with Mexico.
The Justice Department filed an emergency application on Wednesday seeking to overturn a lower-court injunction that has stopped construction. The halt will stay in place while a lawsuit brought by an environmental group and other challengers continues.
What the wall plan includes and who is suing
The Department of Homeland Security’s plans cover vehicle barriers, patrol roads, lighting and detection technology in and around Big Bend National Park. Opponents who have sued the administration say the border in the area, about 805km (500 miles) long, accounts for roughly 1 percent of migrant arrests.
The complaint was filed by plaintiffs including the Center for Biological Diversity and a river guide from the Big Bend area. They want to preserve the landscape and protect a historic church, and they challenge federal waivers of environmental and historical laws used to fast-track the $1.7bn project.
Waivers and court rulings on the Big Bend barrier
Former Homeland Security Secretary Kristi Noem and current Secretary Markwayne Mullin issued the waivers between February and July. They determined the region was an “area of high illegal entry” that required additional barriers.
District Judge Kathleen Cardone issued an injunction in El Paso on October 2, halting work “until and unless Defendants comply with all applicable laws.” In a later opinion, she found that the waivers exceeded the authority held by Noem and Mullin.
Justice Department asks high court to act
In its filing, the Justice Department urged the Supreme Court to pause or overturn Cardone’s injunction. It argued that even if the waiver power raised a major question of economic and political significance, Congress had clearly empowered the secretary to build border barriers and to waive legal requirements to speed their construction. The Supreme Court has not yet responded to the appeal.
The administration had already paused construction in Big Bend in August, after the project drew bipartisan criticism over its potential effect on the park’s landscape and wildlife.
