A federal judge on Friday blocked border barriers, roads and related construction across Texas’ Big Bend Sector, suspending federal waivers that allowed the government to bypass environmental and historic-preservation laws.
U.S. District Judge Kathleen Cardone’s October 2 order reaches beyond Big Bend National Park. It bars federal defendants from construction and ground-disturbing activities throughout the sector unless they comply with applicable laws, and remains effective until the court orders otherwise.
The preliminary injunction does not settle the lawsuit or declare the waiver authority unconstitutional. It also does not direct Border Patrol to stop patrols, surveillance or arrests.
What construction stops
The disputed projects involve different infrastructure in different locations. Inside Big Bend National Park, U.S. Customs and Border Protection Commissioner Rodney Scott described a new access road, improvements to existing roads, detection technology and vehicle barriers in limited locations in an August 13 statement. He said CBP would not build a 30-foot wall or stadium lighting through the national park, Big Bend Ranch State Park or Black Gap Wildlife Management Area.
Bulldozers cleared land in the national park in August, and the government erected its first wall panels elsewhere in the sector in mid-September, the Associated Press reported. The injunction also reaches planned projects upriver and downriver that would cross private property.
The security case
The projects would improve detection and response while preventing cartels from shifting routes into Big Bend as enforcement strengthens elsewhere, Scott said.
“These improvements will help our agents detect illegal crossings, respond faster, and assist visitors in danger,” he said in the August statement.
The Department of Homeland Security cited more than 89,000 apprehensions across the sector during fiscal years 2021 through 2025 in its national park waiver. It also reported seizures exceeding 1,156 pounds of methamphetamine and 94 pounds of fentanyl during that period. Those figures cover the sector, not just the national park.
More recent annual figures show a substantial decline. Border Patrol recorded 3,096 sector apprehensions in fiscal 2025, down 74% from 11,823 in fiscal 2023, as previously reported by The Dallas Express.
The sector already had 55 autonomous surveillance towers and other detection technology, CBP reported in December 2025. The agency credited personnel, technology and stronger enforcement policies for the decline. Those existing capabilities provide context for operations during the construction halt; CBP’s response to Friday’s ruling did not identify a replacement deployment plan.
The fight over federal authority
Friends of the Ruidosa Church, the Center for Biological Diversity and river guide and landowner Danny William Miller Jr. filed the lawsuit April 16. They expanded it June 11 to challenge construction through the national park.
DHS invoked Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act to waive legal requirements and speed barrier and road construction. The department says Congress authorized such waivers to secure the border.
The plaintiffs’ complaint argues that DHS exceeded that authority and that an interpretation allowing such sweeping waivers would improperly transfer Congress’ lawmaking power to the executive branch. They also allege interference with property interests and river access.
Cardone found the plaintiffs likely to prevail on at least one claim and likely to suffer serious, irreparable harm without relief. Her two-page order promises a fuller memorandum explaining her reasoning.
Local concerns and next steps
Opposition has crossed party lines. U.S. Sen. John Cornyn (R-Texas) urged DHS to consult local stakeholders before further park construction in an August letter. He relayed constituents’ view that cliffs and remote terrain already deter crossings while affirming support for strong border security.
The plaintiffs sought preliminary relief August 17, the day CBP announced its park construction pause. The government filed notice September 29 concerning the pause’s end, and Cardone held the injunction hearing October 2, according to the docket in case 3:26-cv-01099.
CBP defended its assessment and legal authority after the ruling, AP reported. “We are working with the Department of Justice on next steps,” the agency said. The underlying lawsuit remains pending.
