PRESIDIO, TEXAS — Federal Judge Reggie B. Walton denied a motion for a stay on August 2, 2026, allowing the Department of Homeland Security to proceed with plans to build a border wall through a levee system in Presidio, Texas. The ruling clears the way for construction despite legal challenges from local officials who argued the project threatens flood protection infrastructure in the city of approximately 3,200 people.

The town of Presidio sued the Department of Homeland Security earlier in 2026 to stop construction of the border wall. Lawyers for Presidio’s development district argued that the government’s plans could compromise the levee system protecting the town from flash flooding. They further contended that the government flouted a key act requiring it to seek permission from the Army Corps of Engineers before building on or near the levees.

Presidio’s development district stated in court documents that Customs and Border Protection plans to replace the earthen slope of the existing levee with a concrete wall, with 30-foot steel bollard panels installed on top. The district said it asked Customs and Border Protection for more details but was told they could not be shared due to national security concerns. Presidio is protected by a series of berms and levees built in the 1970s and 1980s along the Rio Grande and its tributaries.

Judge Walton stated that the plaintiffs were unlikely to succeed on the merits of the case. He noted in his ruling that it was clear Congress did not intend to limit the Secretary of DHS’s waiver authority. "For the foregoing reasons, despite the understandable concerns expressed by the plaintiff regarding the harms it and the plaintiff’s residents might sustain by the potential construction of the Smart Wall, the Court is compelled to deny the plaintiff’s motion for a stay," wrote Judge Walton.

The administration maintained that it has the authority given by Congress to waive regulations to build the wall. The Secretary of Homeland Security has waived numerous regulations designed to protect the environment, wildlife, archaeological sites, and Native American sites. The government argued in court that there is no final plan for where the border wall will go or how it will be built.

"We are very disappointed that the court will allow this potentially disastrous construction to continue, but we remain committed to protecting the Big Bend area and those who rely on the threatened levees," said the town’s development district in a statement. The Trump administration is pursuing efforts to build a $46 billion wall along the U.S.-Mexico border from the Pacific Ocean to the Gulf of Mexico. Senior administration officials stated that a first layer of the border wall structure will be completed by 2027.

Why It Matters

The ruling affirms broad executive waiver authority, allowing the Department of Homeland Security to bypass regulations protecting environment and infrastructure to advance border construction. This decision permits the modification of Presidio's existing flood protection system despite local warnings that replacing earthen slopes with concrete walls could endanger the town's 3,200 residents. By clearing this legal hurdle, the administration moves closer to its goal of completing a first layer of the border wall by 2027.