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Supreme Court allows border wall construction to resume in Big Bend

newsNov 9, 202617845

The U.S. Supreme Court on Monday allowed the Trump administration to resume construction of border barriers and related security infrastructure in the Big Bend region of west Texas, pausing a temporary injunction issued by a federal judge in El Paso and permitting work to continue while litigation proceeds. In an unsigned five-page order the court said the judge lacked authority to block the project and wrote that the injunction "thus impedes the Government from advancing its 'compelling interests' in border security and integrity," with Justice Ketanji Brown Jackson the sole dissenter. The opinion says federal law permits the Department of Homeland Security Secretary Markwayne Mullin to waive environmental and conservation protections to expedite border construction, a point the court framed as favoring rapid work over the harms plaintiffs allege. The El Paso injunction had halted plans for 30-foot-tall steel barriers, patrol roads, surveillance systems and other infrastructure; the administration had sought emergency relief in late October, warning a gap in defenses in Big Bend would become "a dangerous magnet for cartels and other bad actors." The Center for Biological Diversity, a local nonprofit preserving a historic border church, and a landowner brought the lawsuit, arguing the plans are unconstitutional and would cause "irreparable" harm. Environmentalists and local residents have warned the project would damage Big Bend National Park's canyons, desert landscape, Indigenous sites, wildlife and the region's tourism economy; Laiken Jordahl of the Center for Biological Diversity said the decision "greenlights the contractors and allows the bulldozers to come roaring back into the region." Construction may proceed immediately but the underlying legal challenges will continue in lower courts.

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