After a federal judge halted construction of a border wall in the Big Bend region of Texas last week, the Trump administration has appealed to the U.S. Supreme Court, requesting it to overturn the lower court ruling as the case proceeds.
In a court filing Thursday, the Trump administration asked the Supreme Court to rule on whether the lower court erred in issuing a preliminary injunction and asked it to stay the ruling so it can continue to build the wall in Big Bend as multiple cases proceed in litigation.
U.S. District Judge Kathleen Cardone granted a preliminary injunction in favor of multiple groups who sued the Trump administration to halt border wall construction. She argued they “are likely to succeed on the merits of at least one of the claims in suit, that there is a likelihood that they will suffer serious, irreparable harm without an injunction, and that the balance of the equities and the public interest weigh in their favor.”
The ruling ordered the Department of Homeland Security to halt building “border barrier or related infrastructure, or engage in any construction or ground disturbing activities, in the Big Bend Sector until and unless Defendants comply with all applicable laws.”
It impacts roughly 500 miles of the southwest border where illegal crossings have been historically low. Under the Biden administration, this changed, with record high illegal entries and crime in Texas and the Big Bend region, The Center Square reported.
At issue are waivers DHS secretaries issued to bypass dozens of federal and state laws, which federal law allows if the construction is necessary “to deter illegal crossings in areas of high illegal entry.” The plaintiffs argue construction in the Big Bend region can’t be justified under the law because it accounts for the lowest illegal crossings in the region, among other factors.
After the judge’s ruling, the Texas Civil Rights Project said it set “a national precedent” halting federal waivers.
The Trump administration also said the ruling was “unprecedented.” It also balked that it was ordered to comply with all federal laws passed by Congress to protect national historic sites and Native American gravesites to ensure clean air, clean water, energy independence, to protect migratory birds and other animals unique to the region, as well as multiple environmental and cultural preservation laws, The Center Square reported.
The administration says the lower court violated federal Rules of Civil Procedure 65(d)(1)(A) and 52(a)(2) because it “did not provide the legal basis for that preliminary injunction, stating only that Plaintiffs are likely to succeed on ‘at least one of the claims in suit’ without specifying which, and promising a memorandum opinion explaining the Court’s ‘rationale’ to follow.”
At the time of the filing, the court hadn’t yet issued an opinion. The Trump administration said it should do so “immediately.”
The administration argues the federal court’s ruling was “overbroad” and “conflicts with numerous well-reasoned decisions from other courts and has no basis in law. At a minimum, the lopsided balance of the equities favors staying the injunction pending the Supreme Court’s review.”
Local Texans who oppose border wall construction in the Big Bend region argue it will negatively impact their livelihoods, including DHS stating it will use eminent domain to take their land. Thousands of Texans, including elected officials at the state and federal level, Republicans and Democrats, have expressed opposition to the administration tearing through the remote region of Texas. They’ve also raised concerns about ancient burial grounds, historic landmarks and millennial-old archeological and geological features they argue the Trump administration will destroy in the region.
The Trump administration said their “environmental, recreational, and aesthetic interests do not outweigh the harm to the public from halting the government’s efforts to construct barriers to stop the flow of illegal immigration and drug smuggling across the southern border.”
The 24-page ruling lists examples of arguments the plaintiffs made the administration argues are “meritless.”
The administration’s push to continue border wall construction in Big Bend comes as the president’s approval rating has plummeted in Texas and his policies have negatively impacted Republicans in races statewide, according to multiple polls.