Lila PrescottNov 11, 2026 5 min read

Supreme Court Lets Donald Trump Resume Big Bend Border Wall Construction

SAN ANTONIO, TEXAS - OCTOBER 07: U.S. President Donald Trump waves as he leaves the stage after speaking during a campaign rally at the Freeman Coliseum on October 07, 2026 in San Antonio, Texas. On his third trip to the state in the last 30 days, Trump is visiting Texas to campaign for Republican candidates, including Senate candidate and Texas Attorney General Ken Paxton, ahead of the midterm elections. (Photo by Win McNamee/Getty Images)
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The Supreme Court has cleared the way for the Trump administration to resume building border barriers in Texas' Big Bend National Park, handing President Donald Trump a win in a closely watched environmental fight. In an unsigned order issued Monday, Nov. 9, the justices lifted a lower court ruling that had paused construction while the case moves forward.

Justice Ketanji Brown Jackson was the only justice to indicate she would have denied the administration's request.

What the Supreme Court Decided

The court granted the administration's emergency request and set aside an injunction from U.S. District Judge Kathleen Cardone, who had blocked construction on Oct. 2 "until and unless" the government complied with environmental and other laws.

In its order, the court said the injunction "impedes the Government from advancing its 'compelling interests' in border security and integrity," according to Al Jazeera. The majority also said the government faces "permanent harm" from added costs while work is on hold.

BIG BEND RANCH STATE PARK, TEXAS - APRIL 10: The "River Road", often called one of the most scenic routes in the United States winds near the Rio Grande on April 10, 2026 in west Texas' Big Bend Ranch State Park. A Trump Administration plan to extend the U.S.-Mexico border wall through the rugged region has sparked rare bi-partisan unity among Texans against proposed construction through the Big Bend area, one of the most pristine places in the United States. Most local residents are employed directly or indirectly in the tourism industry, many in the Big Bend National Park, with recreational access to the Rio Grande a key component to the region's success. Critics of the construction also say there is no actual need for a wall there to stem immigration, citing the low number of people who attempt to cross through the region's forbidding terrain, even before current historic lows. (Photo by John Moore/Getty Images)
A Trump Administration plan to extend the U.S.-Mexico border wall through the rugged region has sparked rare bi-partisan unity among Texans against proposed construction through the Big Bend area. | Getty Images

The justices said the administration was "exceedingly likely to prevail" on its argument that the lower court lacked jurisdiction. They pointed to the 1996 Illegal Immigration Reform and Immigrant Responsibility Act, which limits lower courts to hearing only constitutional claims over border barriers and shows "a clear preference for expeditious border construction."

The order is temporary. Construction can continue while the case plays out in federal court, unless the district court rules otherwise or the Supreme Court takes up the case.

Why the Administration Wants the Wall

The administration has described the project as an urgent national security and immigration priority. It says the Big Bend area is a major route for illegal border crossings and drug trafficking.

President Donald J. Trump signs executive orders
The White House

To fast-track the work, then-Homeland Security Secretary Kristi Noem, who was removed from her post earlier this year, and current Secretary Markwayne Mullin issued waivers of environmental and conservation laws. They relied on the 1996 law, which allows the secretary to waive "all legal requirements necessary" to build border walls and roads.

The waivers said the sector "is an area of high illegal entry," Yahoo News reported.

What Opponents Argue

The lawsuit was brought by the Center for Biological Diversity, Friends of the Ruidosa Church, and a local river guide and landowner. They argue the waivers allowed the government to skip requirements under the Endangered Species Act, the National Environmental Policy Act and the National Historic Preservation Act.

In her October ruling, Cardone noted that the Big Bend sector makes up more than 25% of the U.S.-Mexico border but accounts for only 0.3% to 2.2% of migrant apprehensions. She reasoned that if Big Bend counted as an area of high illegal entry, every other sector would too.

REDFORD, TEXAS - APRIL 10: Stickers protesting a proposed border wall adorn a vehicle on April 10, 2026 near Redford, Texas. A Trump Administration plan to extend the U.S.-Mexico border wall into the Big Bend region has sparked rare bi-partisan unity among Texans against proposed construction through the area, one of the most pristine places in the United States. Most local residents are employed directly or indirectly in the tourism industry, many in the Big Bend National Park, with recreational access to the Rio Grande a key component to the region's success. Critics of the construction also say there is no actual need for a wall there to stem immigration, citing the low number of people who attempt to cross through the region's forbidding terrain, even before current historic lows. (Photo by John Moore/Getty Images)
Stickers protesting a proposed border wall adorn a vehicle on April 10, 2026 near Redford, Texas. | Getty Images

Attorney Eric Glitzenstein warned the justices that lifting the order would let the administration "immediately resume blasting, bulldozing, road construction, and other border barrier-related construction." The plaintiffs said cleared land and new roads "cannot be restored through monetary compensation or after-the-fact relief."

Laiken Jordahl of the Center for Biological Diversity said the ruling "clears the way for contractors to bulldoze pristine desert, dynamite canyon walls." He added that the litigation is ongoing.

Pushback Beyond Environmental Groups

The project has also drawn pushback from some Republicans. Outgoing Sen. John Cornyn of Texas sided with the plaintiffs, saying, "A border wall is not the best solution for portions of this environment." He urged the Department of Homeland Security to pursue "smarter, more cost-effective security measures" suited to the area's terrain.

GREENVILLE, NORTH CAROLINA - OCTOBER 20: U.S. President Donald Trump delivers remarks during an election rally at Pitt-Greenville Airport on October 20, 2026 in Greenville, North Carolina. President Trump is rallying support for local Republican candidates including North Carolina U.S. Senate candidate, former Republican National Committee Chairman Michael Whatley. (Photo by Anna Moneymaker/Getty Images)
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Conservationists and local officials have also opposed the plan. In August, Joey Montoya, a member of the Lipan Apache tribe, joined a rally in San Antonio against the construction.

Big Bend National Park is known for its mountain ranges and desert landscapes, which are home to endangered species such as the Mexican long-nosed bat. Contractors have been working near the park's Santa Elena Canyon.

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