Federal Government Extends Border Wall Construction Pause in Big Bend National Park Until Mid-September

WASHINGTON -- The federal government agreed in court on Friday to extend a pause on border related construction in Big Bend National Park until mid September, a move welcomed by those challenging the contentious project in the area.

Customs and Border Protection already paused activity after CBP Commissioner Rodney Scott visited the park last week to consult with local officials. His visit came after bulldozers started plowing through parts of the park in the far south of Texas, sparking widespread outrage.

The Department of Homeland Security said at the time that the bulldozers were not launching into full construction but were part of initial design and survey work. Scott's pause was slated to expire on Monday.

In Big Bend National Park, the government’s plans have included building a new road, installing detection technology and barriers to stop vehicles from crossing the border, although an attorney for the government emphasized Friday that no final plans have been decided for what will be built in the park.

U.S. District Judge Orlando L. Garcia said during the court hearing in San Antonio that he hoped the two sides would use the extra time to come together to work out what could be done to address both sides' concerns. The pause applies to both the national park and a section of land upriver and west of the park, a Justice Department lawyer said during Friday's hearing.

The work in Big Bend National Park is part of a $46 billion plan by the Trump administration to cover the length of the 2,000-mile border from the Pacific Ocean to the Gulf of Mexico in a combination of 30-foot tall steel bollard walls, vehicle barriers and detection technology to stop illegal immigration and smugglers.

As construction has ramped into high gear, the administration has increasingly run into opposition from a combination of landowners, environmental groups, and Native Americans.

But the government argued Friday that Customs and Border Protection's authorities when it comes to building the wall or other border infrastructure comes from Congress.

“Congress gave them the authority,” said government lawyer Pamela Amaechi. "Congress has spoken."

The lawsuit in Friday's case alleges that the government overstretched its authority in seeking to build border infrastructure in a national park established by Congress. And the lawsuit alleges the slated construction violates the religious freedoms and cultural practices of Native Americans for whom access to burial sites or areas where they conduct specific ceremonies are central to their religious practices.

The government has argued that it has the authority given by Congress to build the wall and other border security infrastructure and waive certain regulations to do so swiftly. They’ve also argued that the plaintiffs haven’t shown that the construction projects will in fact restrict anyone’s ability to practice their religion and that the construction plans in the park are limited.

Roland Gutierrez, a Democrat state senator in Texas who also argued the case Friday against the government, called the outcome a “win” for their side even though the pause is temporary. Gutierrez said anything that slows the government down until midterm elections in November is a good thing with the hope that a change in control of Congress might result in a rethinking of the border wall plans.