Trump administration asks Supreme Court to let Big Bend border wall work resume

The Trump administration on Wednesday asked the Supreme Court to let it resume building a border wall and related infrastructure through the Big Bend region of West Texas. The request is an emergency appeal. It asks the justices to lift a lower-court order that has stopped the work for now ¹².

The Justice Department wants the court to undo an injunction, which is a judge's order to stop an action while a lawsuit goes forward. The order bars the Department of Homeland Security from building barriers or related projects in the Big Bend Sector. That area covers more than 500 miles of the U.S.-Mexico border and 77 Texas counties ¹.

What the administration says

Solicitor General D. John Sauer, who argues the government's cases before the Supreme Court, said the order hurts border enforcement. The government also says more than 89,000 people were apprehended trying to cross illegally in the sector between 2021 and 2025 ¹.

The district court's injunction significantly frustrates the government's ability to stop the flow of illegal aliens and drugs across the southern border,

What the judge found

U.S. District Judge Kathleen Cardone issued the injunction on Oct. 2 ². She found that then-Homeland Security Secretary Kristi Noem and her successor, Markwayne Mullin, went beyond their legal authority when they issued waivers between February and July ¹. A waiver lets the government skip laws that would otherwise apply, such as environmental and historic preservation rules ¹.

The Court finds that Plaintiffs are likely to succeed on the merits of their major questions doctrine claim

The government relies on a 1996 law. It lets the secretary waive legal requirements to build barriers and roads in areas of “high illegal entry” ¹. The challengers say Big Bend does not fit that description. They point to court filings showing the sector covers more than 25% of the border but accounts for only 0.3% to 2.2% of annual apprehensions ¹.

Just before going to the Supreme Court, the administration asked Cardone to pause her own decision. She turned that request down ¹.

Where the project stands

Customs and Border Protection says construction of a 47-mile stretch of wall began last month. The Justice Department says contracts have been awarded for five barrier projects in the area ¹. The plan includes 30-foot-tall steel bollard walls. Border walls and roads would span more than 300 miles ¹.

The project has drawn opposition from both parties, as well as from cattle ranchers and local law enforcement officials in Texas. The backlash grew after photos and videos showed bulldozers at Big Bend National Park ¹. Customs and Border Protection Commissioner Rodney Scott paused work inside the park until the end of September. The agency says the wall itself will not cut through the park, though patrol roads, detection technology and about 17 miles of vehicle barriers would ¹.

What happens next

The Supreme Court has not yet acted on the request. If the justices side with the administration, construction could resume while the lawsuit continues. If they do not, the freeze stays in place ¹².

That matters because of the money and the principle. Congress gave Homeland Security $46 billion last summer to finish the wall ². The case also asks whether one official can set aside environmental and other rules across hundreds of miles of border. Cardone's ruling rested on the “major questions doctrine,” the idea that Congress must speak clearly when it hands an agency sweeping power ².

Opponents argue that drones and surveillance towers can be as effective as a wall at much lower cost. The government counters that if Big Bend is left without barriers, illegal crossings could shift there ².

The Record

1. Feb 1, 2026The administration announced barriers and roads for the Big Bend Sector, and Noem issued the first waiver; waivers continued through July ¹.
2. Oct 2, 2026Judge Kathleen Cardone halted construction across the roughly 500-mile project area while the case proceeds ².
3. Oct 21, 2026The Justice Department asked the Supreme Court to lift the injunction after Cardone refused to pause it ¹².

Sources

1. CBS News, “DOJ asks Supreme Court to allow border wall construction in Big Bend region” (2026-10-21). cbsnews.com/news/justice-department-supreme-court-border-wal
2. ABC News, “Trump administration asks Supreme Court to lift halt on Big Bend border wall” (2026-10-21). abcnews.com/Politics/wireStory/trump-administration-asks-sup

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