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Federal Judge Halts Border Construction in Texas’ Big Bend Sector

The order bars DHS and CBP from using statutory waivers that bypass environmental and historic‑preservation laws so the agencies must follow those laws while the lawsuit is decided.

Big Bend National Park, Texas, is seen, Sept. 19, 2026. (AP Photo/Rebecca Santana)
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Big Bend National Park, Texas, is seen, Sept. 19, 2026. (AP Photo/Rebecca Santana)
People opposing border wall construction in Big Bend National Park rally outside the U.S. federal courthouse during an emergency hearing for a Petition for a Temporary Restraining Order against the Department of Homeland Security, in San Antonio, Texas, U.S. August 28, 2026.  REUTERS/Joel Angel Juarez

Overview

  • U.S. District Judge Kathleen Cardone issued an emergency preliminary injunction on Friday that stops building, road work and any ground‑disturbing activities across the roughly 500‑mile Big Bend sector, including Big Bend National Park.
  • The lawsuit was filed by the Center for Biological Diversity, Friends of the Ruidosa Church, and a local river guide and landowner who argued Homeland Security improperly used waivers to fast‑track the project.
  • Cardone specifically barred use of the administration’s waivers that had set aside laws such as the National Park Service Organic Act, the Endangered Species Act, and the Wild and Scenic Rivers Act.
  • Work had begun with bulldozers clearing land in August and the first wall panels went up in mid‑September before CBP’s temporary pause expired on Sept. 30, meaning the injunction now prevents an immediate resumption of construction.
  • The ruling could shape how far the executive branch can use waiver authority for border infrastructure and leaves local landowners, park resources and wildlife temporarily protected while the courts decide the legal questions.