A small Texas town is challenging the Trump administration's efforts to build a border wall through a levee system that protects the community from flooding. Lawyers for the development district of Presidio argued in federal court that the wall could cause flooding and that the administration is not adhering to proper legal procedures in its rapid construction plans.
The lawsuit comes as the Department of Homeland Security moves forward with its $46 billion plan to construct a border wall along the U.S.-Mexico border. This initiative faces opposition from landowners, environmental groups, and Native American tribes who cite concerns about the endangerment of historical sites and a disruption to life along the border, particularly as crossings have reached low levels.
The development district of Presidio, a town with just over 3,200 residents, contends that the government's plans could compromise the levee system designed to protect against flash flooding. They argue the government has failed to obtain necessary permission from the Army Corps of Engineers before proceeding with construction on or near the levees, violating the Rivers and Harbors Act.
Court documents filed by the district state that Customs and Border Protection intends to replace the earthen slope of the existing levee with a concrete wall topped by 30-foot steel bollard panels. The district has been denied further details regarding these plans, citing national security.
Government lawyers argued during a court hearing that it is premature to claim the proposed wall would harm Presidio, as Customs and Border Protection has not finalized its construction plans. The administration asserts its authority to waive numerous regulations to expedite wall construction, aiming for zero illegal crossings.
Both former Homeland Security Secretary Kristi Noem and current Secretary Markwayne Mullin have waived regulations designed to protect the environment and archaeological sites. Critics argue these broad waivers, applied along the entire border, exceed the authority granted by Congress.
According to a Justice Department lawyer, construction in the Presidio area, while not expected to begin in early August, could potentially start in late August or extend into September or October. This timeline comes despite recent low border crossing numbers, which the government lawyer described as an anomaly, emphasizing the goal of achieving zero illegal crossings.
U.S. District Judge Reggie Walton expressed skepticism regarding the administration's zero-crossing goal, noting the persistent reality of individuals attempting to cross the border. He also indicated a struggle with determining the extent of his authority to limit the department, given Congressional authorization for waiving certain requirements. The judge stated he would issue a ruling in the coming week.