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Trump Administration Asks Supreme Court to Resume Border Wall Construction in Texas

The Trump administration is asking the Supreme Court to lift an injunction that currently bars construction of border barriers and roads in the Big Bend region of Texas.

Background: How the Supreme Court takes a case

Published October 21, 2026 at 6:50 PM EDT

The short answer

The Trump administration is asking the Supreme Court to lift an injunction that currently bars construction of border barriers and roads in the Big Bend region of Texas.

Trump Administration Asks Supreme Court to Resume Border Wall Construction in Texas

The Facts

Who
Trump administration, U.S. Supreme Court, Judge Kathleen Cardone, and DHS Secretary Markwayne Mullin
What
Emergency appeal to the Supreme Court to lift a construction injunction on the border wall.
When
Wednesday, October 21, 2026
Where
Big Bend Sector, Texas
Why
The government argues the injunction hinders border security, while plaintiffs argue the administration exceeded its authority to waive environmental laws.

The Trump administration filed an emergency appeal with the Supreme Court on Wednesday, October 21, 2026, requesting that the court lift a lower court injunction that halted border wall construction in West Texas. The request seeks to allow the government to resume building barriers and infrastructure in the Big Bend Sector, which covers 77 Texas counties and more than 500 miles of the U.S.-Mexico border.

The legal dispute follows a series of waivers issued by former DHS Secretary Kristi Noem and her successor, Markwayne Mullin, between February and July. These waivers invoked a 1996 federal immigration law to bypass environmental and historical preservation requirements for construction. An environmental nonprofit, a riverboat guide, and a religious organization filed a lawsuit in April to block the project, leading U.S. District Judge Kathleen Cardone to grant a preliminary injunction on October 2. Cardone ruled that the plaintiffs were likely to succeed in showing the secretaries exceeded their authority by issuing waivers for an area they argued did not meet the legal definition of "high illegal entry."

Solicitor General D. John Sauer argued in the filing that the injunction "significantly frustrates" government efforts to stop illegal immigration and drug smuggling. The government reported that over 89,000 people were apprehended in the Big Bend Sector between 2021 and 2025. Conversely, plaintiffs cited court filings showing the sector accounts for only 0.3% to 2.2% of total border-wide apprehensions, despite covering more than 25% of the border's length.

The scale of the project involves approximately $46 billion in funding allocated by Republicans in Congress last summer for the 2,000-mile southwest border. In the Big Bend Sector specifically, the government plans to build more than 300 miles of walls and roads, including a 30-foot bollard wall from Fort Quitman to Closed Canyon. Residents and visitors to Big Bend National Park would see changes in the form of new patrol roads and detection technology, though U.S. Customs and Border Protection (CBP) has stated the wall itself would not cut through the park's interior.

The legal precedent centers on the "major questions doctrine," with Judge Cardone finding that the executive branch likely overstepped the authority granted by Congress in the 1996 waiver law. If the administration's appeal is successful, it could set a standard for how broadly the Secretary of Homeland Security can waive federal environmental and cultural protection laws. The Supreme Court has not yet set a date for a ruling on the emergency request, which follows Judge Cardone's recent refusal to pause her own injunction while the government appeals.

Timeline of what happened

Key dates and decisions, in the order they occurred.

  1. January 1, 1996

    Federal law passed granting secretary authority to waive requirements for border barriers

  2. February 1, 2026

    DHS announces barriers and roads will be built in the Big Bend Sector

  3. April 1, 2026

    Environmental and religious groups file lawsuit to stop project

  4. August 15, 2026

    Protesters gather as bulldozers are spotted in Big Bend National Park

  5. September 30, 2026

    CBP construction pause inside the national park expires

  6. October 2, 2026

    Judge Kathleen Cardone grants preliminary injunction halting construction

  7. October 21, 2026

    Justice Department files emergency appeal with the Supreme Court

Summaries are written by The Plain Record to state the facts of a story plainly and without political slant. Drafted with AI assistance and checked against the source record before publication. See how we report, or report a correction.

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Questions readers ask

What happened: Trump Administration Asks Supreme Court to Resume Border Wall Construction in Texas?

Emergency appeal to the Supreme Court to lift a construction injunction on the border wall.

Who is involved?

Trump administration, U.S. Supreme Court, Judge Kathleen Cardone, and DHS Secretary Markwayne Mullin

When did this happen?

Wednesday, October 21, 2026

Where did this happen?

Big Bend Sector, Texas

Why does this matter?

The government argues the injunction hinders border security, while plaintiffs argue the administration exceeded its authority to waive environmental laws.