A federal court decision made Friday will halt all border wall construction in Big Bend National Park - for now.
U.S. District Judge Kathleen Cardone granted a preliminary injunction stopping The Department of Homeland Security from continuing construction on the border wall in Big Bend National Park and surrounding areas.
The court order reads:
“The Court finds that Plaintiffs are likely to succeed on the merits of at least one of the claims in suit, that there is a likelihood that they will suffer serious, irreparable harm without an injunction, and that the balance of the equities and the public interest weigh in their favor.”
The lawsuit was filed by Friends of the Ruidoso Church, The Center for Biological Diversity and a landowner in the Big Bend area. They claim that DHS waived multiple environmental protections and laws to expedite wall construction.
Before the hearing began, opponents of the wall construction rallied outside the courthouse in El Paso.
Once the decision was made, tears were shed and hugs were spread within the courtroom.
“It’s such an important day for this country, for Texas for everyone who loves their public lands and the beautiful Rio Grande,” said Laiken Jordahl, national public lands advocate at the Center for Biological Diversity.
“You know DHS really picked a fight when they came to Big Bend that weren't ready for. I don't think they understand just how much people love this land, people are connected to this land, people will fight for their river access, will fight for their national park. And I think the outcome of today will really be important for the future of this fight,” Jordahl said.
Danny "Billy" Miller is a river guide at the national park and owns about 20 acres of property on the site. He shared that he has been in Big Bend for half of his life. His and his family's life revolve around guiding people through the park to show them a wilderness experience which he says the border wall would limit.
“You know it's easy for me to complain about not being able to do a river trip, but the devastation caused to the eco system its unimaginable,” Miller said.
Videos showing bulldozers clearing paths by removing plants and dirt were played in the courtroom.
Plaintiffs called eight witnesses to the stand. There were several emotional witness testimonies. A couple teared up on the stand as they described the environmental and personal impact the wall construction has had.
Zeynep Graves, Senior Attorney at the Center for Biological Diversity, shared that she was grateful to have been able to connect those that are suffering on the ground to the court and to have been able to share those stories.
“This is a real win for the rule of law and our U.S. constitution, and it shows that no administration is above the federal constitution. This is just a first step the next step is for us to prove our case on the merits and were confident that the law and the constitution are on our side,” Graves said.
This is the first time border wall construction has been stopped, said Shannon Labuschagne, associate attorney for the Center of Biological Diversity.
“It was incredibly meaningful to see the court recognize the irreparable harm our clients are facing and have been facing and have been facing for weeks if not months now,” Labuschagne said.
Bob Krumenaker, is the Chair of Keep Big Bend Wild and former national park superintendent at Big Bend and Rio Grande wild and scenic river. During his time working at the park, he started a spreadsheet with data on illegal migrant activity that was provided by border patrol.
According to the spreadsheet, 133 apprehensions were made inside the park by border patrol. These apprehensions equaled 0.030% of total apprehensions made on the Southwest border.
"This is not about not supporting a secure border but nobody in west Texas no border patrol person I have ever talked to think there's a need for more infrastructure in the national park. So, I think we convinced the judge of that today,” Krumenaker said.
Miller said the win felt like a dream, and to celebrate he was going to go on a river trip.
“I would love it if anybody has any doubt in their mind about if there's an emergency out in Big Bend as far as immigration is concerned come see it for yourself come camping come see what we have to lose see what future generations will lose if construction goes through,” Miller said.
The defense had zero witnesses.
In their closing statements, the defendants said that the court lacked discretion; it is outside of its jurisdiction, and all witness testimony is speculation.
The case will go to the U.S. Supreme Court if appealed.
KRWG Public Media reached out to DHS for comment, a statement from CBP Commissioner Rodney Scott said, “We remain confident in our legal authorities and committed to securing the ENTIRE border while preserving the unique landscape of the Big Bend region. The American people have already seen the consequences of an unprotected border. We cannot allow any region—including Big Bend—to be exploited again.”
