“Once an archaeological site is excavated by heavy machinery, once the physical context of artifacts is destroyed, or once a sacred or culturally significant landscape is permanently altered, the injury is irreparable,” says the lawsuit,
A non-profit organization and an outdoor recreation company are suing to stop the construction of a border wall within Texas’s Big Bend National Park.
According to The Texas Tribune, the lawsuit claims that continued construction of the wall, along with related border-security projects, will cause irreversible damage to archaeological sites within the park, including areas associated with local indigenous communities.
“Once an archaeological site is excavated by heavy machinery, once the physical context of artifacts is destroyed, or once a sacred or culturally significant landscape is permanently altered, the injury is irreparable,” says the lawsuit, which was filed earlier this week in a San Antonio-based federal court.
The Tribune reports that one of the plaintiffs in the case, the People of La Junta for Preservation, sued the Department of Homeland Security and other federal agencies over a June 9 order from agency Secretary Markwayne Mullin that waived federal and state requirements for the construction of a 62-mile-long stretch of wall along the U.S.-Mexico border.
The People of La Junta for Preservation, a non-profit associated with the Lipan Apache community, argue that Mullin’s order does not negate the Department of the Interior and the National Park Service’s statutory obligation to protect and responsibly develop the park.
Christina Hernandez, the founder and director of the People of La Junta for Preservation, told The Texas Tribune that construction poses an active threat to Apache cultural resources.
“We are fighting the wall in court because our ancestors did not survive on this land for thousands of years for us to stand by and wait for someone else to come and save it—we are here, we are responsible for it, and we will fight for ourselves,” Hernandez said.
The Tribune notes that the other plaintiffs in the case include Far Flung Outdoor Center, a Terlingua-based business that offers guided river trips and other services throughout the Big Bend area, as well as two individuals who claim that the parkland is integral to their religious beliefs and cultural practices.
Texas state Sen. Roland Gutierrez, a San Antonio Democrat and lawyer involved in the case, said that the lawsuit’s aim is to protect Big Bend “for generations to come.”
“The Trump administration wants DHS to bulldozer over the law just as badly as they have bulldozed America,” he said. “We will not stay silent as the federal government continues to trample over the liberties of everyday people.”
The Texan reports that some of the project’s other critics have raised concerns over the wall’s viability. Former state Land Commissioner Jerry Patterson, for instance, described the decision to build in Big Bend “the greatest folly I have been personally knowledgeable about or heard of.”
“We’re building this barrier wall in areas where, if you look at the other side of the Rio Grande in Mexico, it’s a vertical cliff,” Patterson told The Texan. “So, we’re putting a barrier wall where there is no vehicular cross-river traffic, and vehicular cross-river traffic is usual to start with.”
Patterson also pointed out that, over the entire 1,950-mile length of the U.S.-Mexico border, the Big Bend sector only accounts for 1.3% of all encounters with undocumented immigrants.
Although the region may not be a hot-spot for illegal border crossings, Patterson suggested that political circumstances have made it difficult for Republicans to speak out against the project despite broad bipartisan resistance.
“It is disappointing to watch so many people know that it’s a bad idea, and they’re not saying anything,” he said. “I do have concern that people are worried that they won’t have a seat at the table with leadership if they question it.”
Patterson further said that, while he himself opposes “open borders,” a physical barrier within Big Bend is an impractical solution to the problem of illegal immigration.
“Hell no, we’re not for open borders,” Patterson said. “Matter of fact, all of the sheriffs out there, every local elected official—Republican, Democrat—they all want a wall, but they want it to be a virtual wall.”
Patterson’s concerns have been mirrored by others, including Terrell County Sheriff Thaddeus Cleveland, who questioned why the Department of Homeland Security is trying to place 156 miles of vehicle barriers in areas “where vehicles can’t drive across the Rio Grande.”
“I support border security 100%,” Cleveland said, “but this isn’t border security. [It’s] a boondoggle.”
Sources
Big Bend Border Wall Project Sparks Backlash, Confusion from Residents and Texas Officials
Join the conversation!