Federal border wall action on Texas land is illegal, state argues

The Texas General Land Office has ordered a Trump administration contractor to stop trespassing and destroying state land for federal border wall construction. It is the latest conflict between Texas and the federal government in a history of Texas pushing back against what the state says is federal overreach, arguing federal contractors or agents are trespassing on and destroying state land. Under the Biden administration, U.S. Customs and Border Protection instructed Border Patrol to tear down border barriers that were installed by Gov. Greg Abbott's Operation Lone Star. Texas sued, arguing CBP was trespassing on state land and illegally destroying state property. The court agreed and ordered the Biden administration to stop. Of the dozens of lawsuits Texas was embroiled in with the Biden administration related to border security, three related to border barriers on state land. They related to Texas building its own border wall on state land, erecting concertina wire barriers on state land, and installing marine barriers on Texas soil in the Rio Grande River. Texas won lawsuits on all three, The Center Square reported. Under the Trump administration, its' déjà vu. A CBP contractor trespassed on state property and destroyed state property in order to clear land to construct a federal border wall, the GLO argues. On Friday, GLO Commissioner Dawn Buckingham sent a cease and desist letter to a CBP contractor, Barnard Construction, stating it had "trespassed across and substantially altered the topography of GLO-managed state lands in Presidio County, Texas without the GLO's permission." Barnard illegally entered Sections 70, 71, 78 and 80 of state land, the GLO said, including a map of where it says the trespassing and destruction occurred. Photos were also provided, including to The Center Square. Barnard "used heavy construction equipment to blade the terrain and remove all vegetation in its path. The extensive damage done to these state lands is shown in the attached pictures," the GLO said. The land is part of a GLO hunting and grazing lease held by Trans Pecos Ice LLC used by civilians. The GLO is "still investigating the extent of the communications between Trans Pecos and Barnard," Buckingham said in a statement. "Regardless, the lease does not allow for any land modifications, excavation, or construction on the property without the GLO's express written consent, which has not been given to Trans Pecos, Barnard, or CBP." Buckingham ordered Barnard "to cease and desist all excavation and construction operations on these GLO lands immediately." She also requested the company acknowledge in writing it received the notice and will refrain from trespassing and performing any further excavation and construction activities on state land. Barnard is also required to remediate the damage and return the land to its original condition, the letter states. Buckingham also requested that Barnard work with CBP and Trans Pecos to develop a proposed reclamation plan to present to GLO for approval. If it doesn't cease and desist its operations, the GLO will sue, she said. Last fall, the Department of Homeland Security awarded Bozeman, Montana-based Barnard Construction Company a $960 million contract to construct the BBT-3 Border Barrier Construction Project in Hudspeth, Jeff Davis and Presidio counties, The Center Square reported. Border wall construction includes building a 30-foot-high wall with six-inch square diameter steel bollards spaced roughly four inches apart with anti-climb features. It's part of a border wall system that includes access roads, drainage gates, erosion and drainage control, fiber option and power cables, lighting and lightning poles, surveillance cameras and CTV, shelter stations, among other structures. Overall, the Montana company has been awarded billions of taxpayer-funded contracts. It was awarded $4.5 billion through DHS to construct the border wall and other barrier systems in California, Arizona, New Mexico and Texas. Other federal contracts include $2.26 billion with the Department of Defense, $31.66 million with the Department of the Interior, $7.23 million with the Department of Energy and $500,000 with the USDA, according to federal data. Earlier this year, CBP sent letters to Texas landowners notifying them of the federal government's plan to enter their property to construct barriers on it or go through it to construct barriers. It also informed them that that the federal government would use eminent domain if they didn't agree. Widespread opposition to border wall construction exists in the Big Bend region where the GLO land is located, including by sheriffs, judges, ranchers, business owners and nearly all Republicans, The Center Square reported.