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A Federal Judge Lets DHS Proceed with a Border Wall Through a Small Texas Town’s Levee System

The judge said a July 2 waiver lets the administration bypass a federal law while the lawsuit continues and a response is due Aug. 21.

  • On Sunday, U.S. District Judge Reggie B. Walton declined to block the Trump administration's border wall construction in Big Bend, writing that a July 2 waiver "defeats any claim that the defendants violated" the Rivers and Harbors Act.
  • The Presidio Municipal Development District sued the Department of Homeland Security in June, arguing the 30-foot wall could cause "deadly" flooding and ignored U.S. Army Corps of Engineers oversight required by law.
  • Homeland Security Secretary Markwayne Mullin waived legal requirements under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 on July 2. Walton wrote that "Congress did not intend to limit the Secretary of DHS's waiver authority."
  • Sunday's ruling allows the $46 billion border wall project to proceed while the lawsuit continues. Walton ordered the government to file a formal response to the original complaint by August 21.
  • Opponents question the wall's urgency, noting illegal apprehensions in the Big Bend Sector fell 74% from 2023 to 2025. DHS maintains the project will increase security and reduce illegal crossings to zero.
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A federal judge lets DHS proceed with a border wall through a small Texas town’s levee system

A federal judge has ruled that the Department of Homeland Security can proceed with building a border wall through a levee system in a small Texas town.

·New York, United States
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KRTS 93.5 FM Marfa Public Radio broke the news on Sunday, August 2, 2026.
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