Buckingham cites natural canyon defense in border dispute
The ruling allows U.S. Customs and Border Protection and contractor Barnard Construction to continue border barrier work across state-owned lands in Presidio County while legal challenges proceed; the Texas General Land Office maintains the excavation lacks state authorization. Buckingham insisted Texas can balance security with ecological stewardship. "Texas can secure our border and protect Big Bend," Buckingham said in an official release reported by The Texas Dispatch. Canyon cliffs offer natural defense.
The legal dispute traces back to July 31, 2026, when Buckingham issued formal cease-and-desist orders to CBP and Barnard Construction; the agency cited unauthorized heavy machinery use and habitat destruction on state parcels, and Texas officials demanded written consent. The federal government countered that federal statutory authority under immigration enforcement statutes preempts state land restrictions along the international border; a federal district judge initially halted construction before the Supreme Court granted an emergency stay, and federal powers took precedence. The high court's emergency order did not include a signed opinion, sparking fresh debate in Washington over the emergency shadow docket; lawmakers recently introduced bipartisan measures demanding published votes on major stay requests.
Environmental advocates and local officials in Brewster and Presidio counties have echoed Buckingham's concerns, arguing that heavy earthmoving damages delicate desert canyon ecosystems; soil erosion remains an active risk. Buckingham highlighted that Big Bend's cliffs and remote canyon terrain already provide a formidable natural deterrent to unauthorized crossings; she questioned the strategic necessity of bulldozing untouched state land. The fifth circuit appeals court is scheduled to hear arguments on the permanent injunction early next year; state officials in Austin have contended that construction activities on state-owned sovereign land require explicit authorization and environmental impact disclosures.
