West Texas group sues Trump admin. over border wall project

WASHINGTON (Gray DC) - An economic development group for a small Texas city sued the Trump administration on Wednesday, challenging a border wall project that it claims is illegal increases the risk of flooding.

The Presidio Municipal Development District alleges in the lawsuit, filed in the U.S. District Court for the District of Columbia, that the Department of Homeland Security and Customs and Border Protection (CBP) violated federal law by not obtaining required permissions for the project, that is set to be built over a levee system.

“We’re just asking the federal government to do the flood safety review that the law requires for any modifications to a federal levee,” said John T. Kennedy, the executive director for the development district.

Presidio Mayor John Ferguson said the city was spared due to the levee and is also worried about the project’s impacts.

“If we were to have a border wall, it could be catastrophic,” he said. “...When you when you factor in having a border wall, that would be stopping up the flow of of arroyos and creeks that join into the Rio Grande, I think Presidio could potentially be in a lot of trouble if when the next major flooding event occurs.”

Washington-based liberal legal group Democracy Forward is representing the development district in the case and is seeking emergency relief from a judge to block the wall’s construction.

“The Trump administration is engaged in border wall construction that’s unlawful,” said said Skye Perryman, the president of legal group. “It hasn’t gone through the processes to have the Army Corps of Engineers weigh in on the types of on the type of construction that it’s doing, and it doesn’t have authority to it doesn’t have authority to move forward with the wall and the construction itself.”

For months, the development group has struggled to get flood risk assessments from CBP, the International Boundary and Water Commission and the US Army Corps of Engineers, according to Kennedy.

“The city and the Presidio Municipal Development District, we’ve jointly commissioned our own flood study with an engineering firm to actually look at the flood risk. And this is work that should be done by the federal government. But since they’re not willing to share their homework, or we don’t even know if they’ve started their homework yet, but we’re not going to sit around and wait for the for the rains” he said.

In response to the lawsuit, Customs and Border Protection said in a statement that the agency is continuing to finalize its plans for border barrier construction that was funded by One Big Beautiful Bill Act.

“While there are priorities for new border wall and detection technology in USBP’s Big Bend Sector, the combination of barriers, roads, and technology (cameras, infrared illuminators, and other detection technology) in the areas adjacent to the Big Bend National Park and State Park are still in the planning stages,” the agency spokesperson said.

Kennedy pushed back against the agency’s characterization of the status of the project.

“They say they say it’s in planning. They say it’s proposed. Well there’s there’s billions of dollars awarded. There’s heavy equipment moving around land around our industrial parks being disturbed. So as far as we’re concerned, the construction is commencing and we haven’t seen a lick of engineering as far as what the actual impact will be on our flood safety” he said.

Both Kennedy and Mayor Ferguson said the lawsuit is not about politics or border policy.

“We are 100% for border security,” said Ferguson. “And you’ll find that same sentiment agreed upon by local sheriffs and likely even the Border Patrol. They’ll tell you that things are basically under control here. And so this construction really is, is not is not being asked for. And the numbers don’t support it either.”