Supreme Court Clears Way for Trump to Resume Border Wall Construction in Big Bend, Texas

Court lifts pause on construction

On Monday, the nation's highest court agreed to the administration's emergency request and set aside a lower-court order that had temporarily halted the project last month (US supreme court clears way for Trump’s border wall in Texas’s Big Bend – The Guardian) (Supreme Court says border wall construction can continue in west Texas – NPR). The decision was issued without a signature and spans five pages (Supreme Court paves way for Trump to build a section of his border wall in the Big Bend area of Texas – NBCNews.com). Liberal Justice Ketanji Brown Jackson was the sole member of the nine-member bench to disagree.

The justices concluded that the government's interest outweighs the aesthetic, recreational and environmental harms claimed by the challengers (Supreme Court lets Trump build border wall through Texas national park – Financial Times) (El Tribunal Supremo permite la construcción del muro fronterizo en el parque natural de Big Bend, en Texas – EL PAÍS). Among the plaintiffs are the Center for Biological Diversity, a river guide from Big Bend and a church preservation group. They contend that building in the area would limit their use and enjoyment of it.

What the decision allows

The ruling clears crews to resume erecting barriers and installing surveillance equipment along a section of the border with Mexico that reaches roughly 500 miles. The larger legal question of whether the project is lawful remains before a lower court.

The plan has drawn criticism from both major parties because it reaches into Big Bend National Park, a protected area known for its canyons and desert scenery. One report describes the planned barrier inside the park as about 30 feet tall. Separately, Texas landowners filed a lawsuit in September arguing that the federal barrier plans violate their constitutional rights.

Border context

The administration says 89,000 people were detained while trying to enter the United States through the Big Bend stretch in recent years. That segment follows the Rio Grande and has a small population.

What happens next

The case returns to the lower courts, where the legality and constitutionality of the project will be decided. Until that happens, construction can continue under the Supreme Court's order.