Big Bend Wall Lawsuit
Texas Landowners Sue Trump Administration To Stop Big Bend Border Wall
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Key Points
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The lawsuit names the Department of Homeland Security, Customs and Border Protection, Homeland Security Secretary Markwayne Mullin and CBP Commissioner Rodney Scott as defendants; it was filed as case 1:26-cv-03198 in the U.S. District Court for the District of Columbia.
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The 517-mile Big Bend Sector accounts for just 1.16% of all apprehensions along the Southwest border between fiscal years 2021 and 2025, while apprehensions in the sector fell 74% between fiscal years 2023 and 2025.
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Some landowners have received notices from Customs and Border Protection stating that their properties are needed for the proposed border-wall project.
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The lawsuit was announced at a press conference at the Presidio County Courthouse in Marfa, where Conserve Big Bend representative Clara Bensen said Congress imposed the “high illegal entry” designation as a strict prerequisite for invoking extraordinary construction powers.
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David Keller, a Big Bend archaeologist and historian, said officials supporting the wall were “woefully unprepared for the hornet’s nest they stirred up because they had no idea how much we love this place,” underscoring local opposition beyond the plaintiffs in the case.
Texas landowners, ranchers, and business owners are suing President Trump's administration to stop planned border walls in the remote Big Bend region. NWA Online reports they challenge the government's claim that the area has high illegal entry rates — despite data showing Big Bend recorded the fewest apprehensions of any Southwest border sector for over five decades.
The lawsuit targets a $46 billion border security program that would install 30-foot steel barriers, roads, lighting, and surveillance technology. Plaintiffs argue the government improperly invoked a 1996 immigration law allowing officials to waive environmental, cultural, and wildlife protections to fast-track construction.
Big Bend Sector Has Fewest Crossings in Decades
The 517-mile Big Bend Sector accounts for just 1.16% of all apprehensions along the Southwest border between fiscal years 2021 and 2025, El Dorado News reports. Apprehensions in the sector actually fell 74% between fiscal years 2023 and 2025 — the opposite of what the government claims justifies the wall project.
The lawsuit names the Department of Homeland Security, Customs and Border Protection, Homeland Security Secretary Markwayne Mullin, and CBP Commissioner Rodney Scott as defendants. The case was filed in U.S. District Court for the District of Columbia as case 1:26-cv-03198.
Government Misused Immigration Law to Skip Environmental Reviews
Plaintiffs argue the Department of Homeland Security improperly designated Big Bend as having high illegal entry to invoke extraordinary authority under a 1996 immigration law. Magnolia Banner News explains this designation allows officials to waive environmental, cultural, wildlife, and other legal protections while bypassing normal approval processes.
Conserve Big Bend representative Clara Bensen said Congress imposed the "high illegal entry" designation as a strict prerequisite for using these extraordinary construction powers. She argued the government failed to meet that standard based on actual border crossing data.
Landowners Already Facing Property Seizure Notices
Some Big Bend property owners have already received official notices from Customs and Border Protection stating their land is needed for the wall project, FOX16 reports. This prompted immediate legal action to block construction before the government seizes private land.
David Keller, a Big Bend archaeologist and historian, said officials supporting the wall were "woefully unprepared for the hornet's nest they stirred up because they had no idea how much we love this place." His comments highlight the broader community opposition extending beyond the lawsuit plaintiffs.
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