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Texas Landowners and Conservation Group Sue to Block Big Bend Border Wall

The suit challenges DHS’s use of emergency waiver authority and seeks injunctions to halt construction and overturn ‘high illegal entry’ findings.

Overview

  • Conserve Big Bend and six named landowners filed a federal lawsuit in Washington, D.C., on Monday seeking a court order to stop border wall, road and barrier projects across the Big Bend region.
  • The complaint asks the court to vacate DHS determinations that labeled the Big Bend Sector an area of “high illegal entry” and to block the agency’s use of IIRIRA waivers that bypass environmental and historic-preservation laws.
  • Customs and Border Protection has paused construction activity inside Big Bend National Park through September 30 while legal challenges and on-site reviews proceed.
  • Plaintiffs say CBP has sent notices to more than 200 private landowners warning the agency may seek easements or refer parcels to the Justice Department for eminent domain if voluntary deals are not reached.
  • The case tests the wider $46 billion national border buildout because it argues DHS misused data showing the Big Bend sector accounts for only about 1 to 1.5 percent of southwest border apprehensions and therefore does not meet the legal emergency threshold.