A tribal nonprofit and an outdoor recreation company on Friday asked a federal judge to block border wall-related construction in Big Bend National Park, arguing that the project is contrary to U.S. law and threatens constitutionally protected religious freedoms.
Continued construction of the wall and related projects — including roads, drainage structures, erosion controls, safety features, lighting, cameras and sensors — will cause irreplaceable damage to archaeological sites within the park, including areas associated with indigenous peoples, the lawsuit said.
“Once an archaeological site is excavated by heavy machinery, once the physical context of artifacts is destroyed, or once a sacred or culturally significant landscape is permanently altered, the injury is irreparable,” said the lawsuit, filed in San Antonio federal court.
The People of La Junta for Preservation, a nonprofit associated with the Lipan Apache community, sued the Department of Homeland Security and other federal agencies to halt work begun under a June 9 order from Secretary Markwayne Mullin that waived federal and state requirements to allow construction along 62 miles of the border with Mexico. The action, however, did not waive a law that made the secretary of the interior and the National Park Service responsible to protect and develop the park, the lawsuit said.
Christina Hernandez, founder and director of the organization, said construction threatens areas of cultural and religious significance in a region where Lipan Apache lived, hunted and worshiped for generations.
“We are fighting the wall in court because our ancestors did not survive on this land for thousands of years for us to stand by and wait for someone else to come save it —we are here, we are responsible for it, and we will fight for it ourselves,” Hernandez said in a statement.
Other plaintiffs include Far Flung Outdoor Center, a Terlingua business that provides guided river trips and related recreational services in the Big Bend area, and two Texans who practice religious and historical observances in the park.
The Trump administration has moved forward with plans to build vehicle barriers and a patrol road inside the national park as part of its border wall amid bipartisan outcry, including waiving environmental laws earlier this year to expedite construction.
The outcry against building structures in the region, especially in the state and national parks, has increased as visible signs of construction like bulldozers have begun to appear. On Thursday, a bipartisan coalition of 46 state House representatives sent a letter urging Gov. Greg Abbott to call for construction in the region to immediately cease.
[…]
Federal officials had until recently been unclear about the extent of construction and whether it would cut through the two parks or wildlife area. CBP Commissioner Rodney Scott, who initially denied construction would occur in the region, defended the current work in a statement on Wednesday and said CBP would work to preserve local access to the region.
“We are NOT building a 30-foot wall or stadium lighting through Big Bend National Park, Big Bend Ranch State Park, or the Black Gap Wildlife Management Area,” Scott said. “What people are seeing right now is survey and design work — NOT construction of a wall through the park.”
A statement posted on social media Thursday evening prior to the lawsuit’s filing from DHS echoed Scott’s statement and described reports about construction in Big Bend as “fear mongering.”
In response to that, I will show you this:
BREAKING: DHS IS BULLDOZING THE MOUTH OF SANTA ELENA CANYON.
DHS waived every single environmental law, now they’re butchering the most iconic part of Texas’ crown jewel national park. All happening the day after a massive protest right here and on the morning CNN left. This is an indefensible attack on Texas’ natural heritage.
Footage by Natalie Newman. Available for media use w/ credit.
— Laiken Jordahl (@LaikenJordahl) 2:06 PM – 13 August 2026
Sure are surveying the hell out of it.
As with the recent Ten Commandments lawsuit, this litigation is using religious freedom laws and arguments in its case. I strongly suggest that the Fifth Circuit and SCOTUS, certainly as currently constituted, will rule along the lines of “that’s not the religion we care about”, just with fancier words. As with many things, I will be delighted to be proven wrong. The Chron and the Observer have more.
This is indescribably f*cked. The crown jewel of Texas parks, being bulldozed because a handful of migrants crossed here in the past. Meanwhile Texas ‘leaders’ like the weasel weenies Greg Abbott, Dan Patrick and Ken Paxton stand by and do nothing. This should be all you need to see to convince you to vote these goddamned soulless bastards out of office in November.
I have been exactly where that bulldozer is and experienced the serene beauty of this place. This travesty absolutely breaks my heart.