Key facts
- Presidio, Texas, is suing the Trump administration over border wall construction plans.
- The town argues the wall could lead to flooding by replacing levee slopes with concrete bollards.
- Presidio claims the Department of Homeland Security bypassed the Army Corps of Engineers, violating the Rivers and Harbors Act.
- The administration has waived numerous regulations to expedite wall construction.
- Construction in the Presidio area is anticipated to start between late August and October.
A small community in rural Texas is engaged in a legal battle with the Trump administration over its plans to construct a border wall. The development district of Presidio, a town of just over 3,200 residents, argues that the proposed wall, which would replace earthen levee slopes with concrete bollard panels along the Rio Grande, could compromise the flood protection system safeguarding the community. The town also contends that the administration is circumventing federal law by failing to obtain necessary permissions from the Army Corps of Engineers, as required by the Rivers and Harbors Act.
The Department of Homeland Security, as part of a broader $46 billion initiative to complete a wall along the entire U.S.-Mexico border, has invoked broad authority to waive numerous environmental and archaeological regulations. This expedited approach, intended to fulfill a signature campaign promise of President Donald Trump, has drawn opposition from various groups, including landowners and environmental advocates, who cite concerns over historical sites and the border's way of life, particularly as border crossings are reportedly at historic lows.
During a federal court hearing, lawyers for Presidio highlighted past instances where Customs and Border Protection construction projects have increased flood risks. The government's legal team argued that it is premature to assess the potential harm to Presidio, as a final plan for the wall's construction has not yet been determined. However, the administration maintains its authority to waive regulations to achieve its goal of zero border crossings.
Homeland Security has indicated that building the wall is a priority, with preliminary layers expected to be finished within a year. While no actual wall construction has begun in the Presidio area, supplies have been pre-positioned. A Justice Department lawyer indicated that construction in the region could commence in late August or October, rather than the earlier August timeframe initially questioned by the judge. The judge appeared skeptical of arguments presented by both the town and the administration.