US President Donald Trump’s administration has asked the Supreme Court to allow construction of a US-Mexico border barrier in a remote part of West Texas, including an area near Big Bend National Park.
The Justice Department filed an emergency request on Wednesday seeking to lift a federal judge’s order that halted construction while a lawsuit challenging the project proceeds.
Trump has long made building and reinforcing barriers along the US-Mexico border a key part of his immigration policies. However, plans to extend border infrastructure into the Big Bend region, about 250 miles (400km) south-east of El Paso, have faced opposition from local officials, conservationists and some Texas Republicans.
The lawsuit was filed by the Center for Biological Diversity, a river guide operating in the Big Bend area and a group seeking to preserve a historic church in Ruidosa, Texas. The group argues that the construction threatens the church’s fragile adobe structure.
The plaintiffs are challenging waivers issued by the US Department of Homeland Security that allowed construction of roads and border barriers to proceed without complying with various environmental and conservation laws.
Former Homeland Security Secretary Kristi Noem and current Secretary Markwayne Mullin issued the waivers between February and July, describing the region as an area with high levels of illegal border crossings that required additional barriers.
However, US District Judge Kathleen Cardone, based in El Paso, issued an injunction on October 2 to halt construction. In a subsequent ruling, she found that the waivers exceeded the authority of both secretaries.
In its latest filing, the Justice Department urged the Supreme Court to suspend or overturn the injunction, arguing that Congress had authorised the homeland security secretary to build border barriers and waive legal requirements to speed up construction.
The administration had previously paused construction in Big Bend in August following widespread criticism over the project’s potential impact on the national park’s landscape and wildlife.
Before the pause, construction crews had begun clearing land for roads and border security infrastructure, prompting protests and legal challenges from groups seeking to protect the area.
