Supreme Court Lets Trump Resume Border Wall Construction in Big Bend, Texas
The US Supreme Court on Monday, November 9, 2026, allowed the Trump administration to resume construction of border barriers in the Big Bend region of West Texas, lifting a lower court's order that had halted the work for about a month.
The Short Answer
In an unsigned five-page emergency order on November 9, the Supreme Court lifted a preliminary injunction that had blocked border wall and road construction across the Big Bend region, including in Big Bend National Park and along more than 500 miles of the Rio Grande. Justice Ketanji Brown Jackson was the lone public dissenter. The ruling is not a final decision on whether the wall waivers are lawful — the underlying lawsuit continues.
What the Supreme Court Decided
The justices granted the Trump administration's emergency application (No. 26A560) to pause the injunction while the case proceeds. The court said the federal judge who issued the injunction was "exceedingly likely" to have lacked jurisdiction to hear the challengers' central claim in the first place.
"The government's interest therefore outweighs any aesthetic, recreational, and environmental harm alleged by respondents," the court wrote, adding that the injunction "impedes the Government from advancing its 'compelling interests' in border security and integrity."
The case is Friends of the Ruidosa Church v. Mullin. It was brought by the Center for Biological Diversity, a Big Bend-area river guide and landowner, and a group seeking to preserve a historic church in Ruidosa, Texas, which says its fragile adobe structure is threatened by the construction.
The Waivers at the Heart of the Case
The dispute turns on waivers issued by the Department of Homeland Security under Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, as expanded in 2005. That law lets the Homeland Security secretary waive environmental and conservation laws to speed barrier construction in areas of high illegal crossings.
DHS issued three separate waivers for Big Bend project areas between February and July 2026, first under former Secretary Kristi Noem and later under Secretary Markwayne Mullin. According to the Center for Biological Diversity, the waivers marked the first time the federal government swept aside a broad slate of environmental laws — including the Endangered Species Act, the National Wild and Scenic Rivers Act and the National Park Service Organic Act — inside a national park.
On October 2, 2026, US District Judge Kathleen Cardone in El Paso blocked the project, concluding that the "major questions doctrine" supplied a constitutional path around the statute's limits on judicial review. The Supreme Court rejected that reasoning, writing: "There is no such thing as a 'constitutional' major-questions claim."
How Big Is the Big Bend Project?
The administration plans to build more than 300 miles of six-foot vehicle barriers and supporting roads in the Big Bend sector, one of the most remote stretches of the US-Mexico border. Customs and Border Protection Commissioner Rodney Scott has said the wall is going up at about 12 miles a week and is expected to be finished by the end of Trump's second term.
The Supreme Court's order also clears the way for construction in Big Bend Ranch State Park, in addition to Big Bend National Park and the Rio Grande corridor. Environmental groups warn the barriers will fragment wildlife habitat in the Chihuahuan Desert and damage one of the state's most scenic public lands — concerns the court weighed and set aside for now in favour of the government's border-security interest.
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What Happens Next
The case is not over. The Supreme Court's stay keeps the injunction on hold while the government files a petition asking the justices to take up the dispute. If the court grants review, construction can continue until it issues a judgment. If review is denied, the stay ends automatically — but by then, much of the wall may already be built.
The challengers can also continue pressing their claims in district court on a fuller record. For now, though, the practical effect is clear: after a month-long pause, bulldozers can return to Big Bend. The decision is the latest in a series of post-midterm wins for the administration's immigration agenda, even as the politics of that agenda remain contested after last week's elections.
Key Facts at a Glance
- Decision date: Monday, November 9, 2026 (unsigned five-page emergency order).
- Case: Friends of the Ruidosa Church v. Mullin, emergency application No. 26A560.
- Effect: Lifts the October 2 injunction by US District Judge Kathleen Cardone; construction can resume.
- Scope: Big Bend National Park, Big Bend Ranch State Park, and more than 500 miles of the Rio Grande.
- Dissent: Justice Ketanji Brown Jackson, the lone public dissenter; no written opinion.
- Project: More than 300 miles of six-foot vehicle barriers and roads, at about 12 miles a week.
Frequently Asked Questions
Did the Supreme Court rule the border wall is legal?
No. The November 9 order is an emergency stay, not a ruling on the merits. It lifts the injunction while the lawsuit continues and says the district judge likely lacked jurisdiction — it does not decide whether the DHS waivers are lawful.
Where exactly can construction resume?
In the Big Bend region of West Texas, including Big Bend National Park, Big Bend Ranch State Park, and along more than 500 miles of the Rio Grande.
Who challenged the wall?
The Center for Biological Diversity, a Big Bend river guide and landowner, and Friends of the Ruidosa Church, a group preserving a historic adobe church in Ruidosa, Texas.
What law lets DHS waive environmental protections?
Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, expanded in 2005, lets the Homeland Security secretary waive laws that would otherwise slow barrier construction in high-crossing areas.
Which justice dissented?
Justice Ketanji Brown Jackson was the only justice to publicly dissent. She did not write an opinion explaining her position.
What happens next in the case?
The government will ask the Supreme Court to take up the dispute. Construction continues in the meantime if review is granted; if review is denied, the stay ends automatically. The challengers can also keep litigating in district court.
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