The administration of US President Donald Trump has asked the US Supreme Court to allow work to resume on a border barrier project in western Texas, reigniting a long-running dispute over immigration policy, environmental protections and federal authority.
The emergency filing seeks to lift a court order that has suspended construction activities near Big Bend National Park, where authorities planned to expand border security infrastructure.
Administration challenges court ruling
The legal move follows a decision by US District Judge Kathleen Cardone in El Paso, who on 2 October ordered a temporary halt to construction works.
The case stems from a lawsuit filed by the Center for Biological Diversity, a local worker and a citizens' group seeking to protect a historic church in Ruidosa, Texas.
The plaintiffs argue that the project could cause significant environmental damage and threaten the integrity of the historic church, which is built using fragile traditional materials.
Dispute centres on legal exemptions
At the heart of the case is a decision by the Department of Homeland Security to waive certain environmental and other legal requirements in order to accelerate construction.
The exemptions were approved between February and July by former Homeland Security Secretary Kristi Noem and her successor Markwayne Mullin, who argued that the area experiences elevated levels of irregular border crossings and requires additional security measures.
Judge Cardone ruled that the exemptions exceeded the authority granted to federal officials under existing legislation.
Government argues border security powers are clear
In its emergency application, the Department of Justice argues that Congress has explicitly authorised the Homeland Security Secretary to construct border barriers, including through the waiver of specific legal requirements when necessary.
According to the administration, those powers were designed to allow the rapid implementation of projects considered essential for border security.
The dispute therefore extends beyond the construction project itself and also concerns the limits of federal authority when national and border security considerations are invoked.
Opposition extends beyond traditional political divides
The proposed infrastructure is located in the Big Bend region, approximately 400 kilometres southeast of El Paso, an area known for its natural landscape and wildlife.
Environmental organisations have warned that further border construction could damage ecosystems and disrupt wildlife habitats.
The project has also generated resistance from local communities and, according to the report, from some Republican figures concerned about potential environmental impacts.
The opposition prompted the Trump administration to suspend construction activities in the area in August, after work crews had already begun clearing vegetation and preparing land for roads and surveillance infrastructure.
Supreme Court decision awaited
Despite the legal challenges and criticism, the administration continues to argue that strengthening border security remains a priority.
The Supreme Court's response to the emergency request is expected to determine whether construction can resume while the broader legal case continues through the courts.
