CBP halted Big Bend wall work before judge issued injunction
Internal emails reveal Customs and Border Protection paused the $960 million Barnard Construction project in late September due to land access issues and cost disputes.
By Jack Weber ·
U.S. Customs and Border Protection voluntarily paused construction on a major section of the Big Bend border wall in late September, one week before a federal judge issued a court order to stop work across the region. The pause was triggered by a contractor's request for additional funding and difficulties securing access to private land. These details emerged from emails shared by Presidio County officials with Marfa Public Radio.
The agency instructed Barnard Construction, which holds a $960.4 million contract for the 56-mile Big Bend 3 project, to execute an orderly demobilization on September 24. The project spans from Hudspeth to Presidio counties along the Rio Grande. Barnard had requested more money due to delays caused by a lack of real estate clearance and road access. CBP rejected the contractor's proposed lump sum total and monthly standby rates, instead ordering the removal of equipment and personnel to limit government financial exposure.
The dispute over site access centered on Chispa Road, a rugged county route leading to the border. Barnard spent months negotiating road use agreements with local officials but faced resistance from residents opposed to the wall. Jeff Davis County officials declined to vote on a use agreement on September 14. Six days later, on September 18, Barnard sent CBP a change proposal requesting additional funds to cover the resulting delays.
CBP project manager Marcus Miniear provided a redacted copy of the stop-work directive to Presidio County Commissioner Deirdre Hisler on October 28. Miniear stated that the suspension of work remained in effect as of that date. He removed specific dollar figures from the document but noted that all other components remained intact. CBP did not immediately respond to a request for comment regarding the voluntary pause.
Hisler indicated that CBP struggles to secure enough landowner agreements to proceed in multiple areas of the Big Bend region. She suggested the contractor's request for extra money after winning a nearly billion-dollar contract raises questions about the project's viability. Hisler described the agency as being up against a brick wall of local opposition.
The Trump administration is currently asking the Supreme Court to allow construction to resume while a district court case is pending. Plaintiffs, including the Center for Biological Diversity and Friends of the Ruidosa Church, filed a response on Thursday. Their attorneys argued that CBP's voluntary pause demonstrates the project can wait for a final ruling. The filing stated that this pause cannot be reconciled with the government's insistence that emergency relief is necessary for the border wall construction.
A decision from the Supreme Court on whether to let construction continue is forthcoming.
