Conserve Big Bend v. DHS

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Conserve Big Bend, et al. v. DHS et al., No. 1:26-cv-03198 (D.D.C., filed Sept. 14, 2026)

Six Texas landowners and the nonprofit Conserve Big Bend filed suit in federal district court on September 14, 2026, against the Department of Homeland Security (DHS) and U.S. Customs and Border Protection (CBP) over the government’s border wall plans for the Big Bend, Texas area.

The coalition of plaintiffs is challenging the Trump administration’s plan to seize private property for U.S.-Mexico border wall construction in several counties in the Big Bend region.

The lawsuit alleges that the DHS Secretary issued federal waivers for the project earlier this year, even though the Big Bend region doesn’t meet the requirements for such waivers in the first place. These waivers determined the Big Bend Sector to be an area of “high illegal entry” for undocumented immigrants. The Big Bend Sector, a 517-mile stretch of the border, saw fewer than 1.5% of the total apprehensions on the entire southwest border over the past five years, according to CBP data.

The determination allowed the agency to unlock expedited construction and bypass dozens of federal environmental, public health, cultural, and historic preservation laws under the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA). The lawsuit seeks an injunction to stop border wall construction in the entire region, including on steel vehicle barriers and roads inside the Big Bend National Park. The suit also alleges the agency is violating the landowners’ fifth amendment rights to due process.

The landowners’ lawsuit is the latest in a slew of legal battles the federal government is facing over its “Smart Wall,” plans in the Big Bend region which involve the installation of 30-foot-high steel bollard walls, vehicle barriers, patrol roads, lighting, cameras and technology across private, state, and federal lands along the Rio Grande river.

Documents

Counsel: K&L Gates LLP

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