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2.0

DHS waives statutory requirements to expedite border-wall projects in Big Bend Sector, Texas

  1. Original Date Announced

    February 17, 2026

    DHS Secretary Noem issued a notice of determination under Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) waiving environmental and other laws to expedite construction of "additional barriers and roads" along the U.S.-Mexico border in Texas' Big Bend Sector.

    Trump 2.0 [ID #2238]

    2026.02.17 DHS - Determination Pursuant to IIRIRA - Big Bend Sector
  2. Subsequent Trump and Court Action

    April 16, 2026

    2026.04.16 Complaint - Friends of the Ruidosa Church v. Mullin

    The Friends of the Ruidosa Church, Center for Biological Diversity, and a Big Bend resident filed suit against the administration, claiming DHS unconstitutionally waived environmental laws to fast-track border-wall construction in the Big Bend region of Texas. Plaintiffs argue DHS violated the Major Questions Doctrine, Nondelegation Doctrine, Take Care Clause, and the Due Process Clause of the Fifth Amendment. Plaintiffs seek declaratory and injunctive relief to nullify the waiver and enjoin DHS from implementing the Big Bend border-wall project. Friends of the Ruidosa Church v. Mullin, No. 3:26-cv-01099 (W.D. Tex.).

    **Link to case here. Our litigation entries generally report only the initial complaint and any major substantive filings or decisions. For additional information, CourtListener provides access to PACER and all available pleadings. Other sites that track litigation in more detail or organize cases by topic include Civil Rights Clearinghouse, Justice Action Center, National Immigration Litigation Alliance, and Just Security**

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Current Status

None

Original Trump Policy Status

Trump Administration Action: Agency Directive
Subject Matter: Border
Agencies Affected: DHS

Commentary

  • 2026.03.30 New York Times - A Border Wall Plan Unites Republicans and Democrats in Texas

    The New York Times reports that the administration’s plan to build border wall in the Big Bend region has generated opposition from both Democrats and Republicans. After private lobbying and public pressure, CBP's online map was changed to remove plans for a physical barrier in Big Bend National Park. Federal officials confirmed that there would be no wall in either the national park or the Big Bend Ranch State Park, but stated that a roughly 175-mile-long wall will still be built from the state park through Presidio and Hudspeth counties.

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