Texas Big Bend landowners resist $46bn border wall as judge pauses construction

Left · 2The Trump administration is pushing ahead with a $46 billion border wall from the Pacific Ocean to the Gulf of Mexico, but in Texas' Big Bend region it has met strong opposition from landowners. 1 2 Left · 2Republicans approved the $46 billion last year as part of a sweeping immigration enforcement package, and the administration plans to spend $7.5 billion fortifying the border across a Big Bend region of more than 500 miles (800 km), where construction began in September. 1 2 Left · 2Customs and Border Protection (CBP) says it is building about 12 miles of barrier a week and has passed 200 miles of new walls under Trump's second term. The administration says walls, vehicle barriers, surveillance technology and patrol roads are needed to keep illegal crossings low. 1 2

Left · 2Border Patrol arrested 8,870 people along the southern border in August, 161 of them in Big Bend, which is roughly a quarter of the border. Opponents cite the region's low crossings and rugged terrain, while CBP Commissioner Rodney Scott said "We cannot allow any region — including Big Bend — to be exploited again." 1 2 Left · 2Unlike in other border areas, much of the Texas land is privately or state owned, so the government needs owners' permission to survey and build, or must take them to court under eminent domain. Courts generally defer to the government in such cases. 1 2 Left · 2Landowners have refused to cooperate with government surveyors, protested at county meetings and prepared for court. The No Big Bend Wall Coalition, which says it includes more than 200 landowners, sued to block construction, arguing Homeland Security is misusing its authority and overstepped by issuing sweeping waivers of environmental and other rules. 1 2

Left · 2A federal judge has temporarily barred wall construction in Big Bend, a rare win for opponents, since lawsuits against border wall projects have largely failed. Late Thursday the government asked the judge to set aside her order while it appeals, arguing that gaps in border infrastructure could create a "funnel effect" sending illegal immigration or smuggling to the least fortified area, Big Bend. 1 2 Left · 2Landowner David Keller, who is suing, said resistance has "slowed this project to a crawl" and called the ruling "unqualified good news", though he said uncertainty over its future means the fight will continue. 1 2 Left · 2Dianna and Dan Burbach, who live on land stretching to the Rio Grande, received survey requests in July and an August letter citing an "immediate need" to enter and warning of court action within 90 days. They fear worse flooding and 15 acres left behind the wall, and say they will make the government take them to court. 1 2

Left · 2A Justice Department official, speaking anonymously, said CBP has reached agreements with dozens of Big Bend landowners and that eminent domain attorneys have been hired in Texas. About 70 such cases have been referred across the southern border in Trump's second term, 50 have been resolved, and none went to trial. CBP says it still seeks voluntary access, will refer disputes to the Justice Department when necessary, and will compensate landowners however access is obtained. 1 2 Left · 2Opponents are also pressing local governments not to help contractors. Residents of Terrell County unsuccessfully urged officials not to lease airport land to a barrier contractor, and a proposed road-use agreement in Jeff Davis County has not been approved. Terrell County Judge Dale Lynn Carruthers said "We're not in control of the border wall" and that the contractor would buy land elsewhere, while activist Bibiana Gutierrez said "If we had rolled over, the wall would be up." 1 2 Left · 2The opposition crosses party lines. Republican rancher Laura Allen, who voted for Trump twice, said "I didn't vote for a wall"; Terrell County Sheriff Thad Cleveland, a former Border Patrol agent, favours drones and surveillance towers; and Sen. John Cornyn pressed Homeland Security about Texans' concerns after bulldozing in Big Bend National Park. 1 2