Order stopping border wall construction in Alamo extended
A federal judge extended a temporary restraining order that prevents border wall construction at a wildlife refuge in Alamo.
U.S. Magistrate Judge Juan Alanis extended the TRO through Sept. 10, nearly a month after it was originally filed.
The temporary restraining order is against Spencer Construction, LLC and Royal Concrete Products, LLC, in a case brought by the Hidalgo County Irrigation District No. 2.
As previously reported, the irrigation district filed the lawsuit that claimed the construction companies were building the border wall on their property at the Santa Ana National Wildlife Refuge.
READ MORE ABOUT THE LAWSUIT HERE
The border wall construction damaged a canal, the lawsuit states.
Photos provided by the irrigation district show border wall materials and heavy machinery along the canal, as well as large divots that the lawsuit claims are causing dirt to fall into the canal.
The lawsuit was transferred to federal court after the federal government joined as a third-party defendant.
During an Aug. 17 hearing, an attorney for the federal government indicated that they believed the land the border wall was being built on is federally owned.
In a Tuesday filing, the federal government asked the case be dismissed.
"Even if the plaintiff is correct and the United States is building on or using the irrigation district’s land, the [U.S. Court of Appeals for the Fifth Circuit] specifically ruled last year that Texas trespass laws cannot prevent the United States from constructing border wall on land it does not own,” the filing stated.
The Wednesday order to extend the TRO says the extension allows time for a ruling on the injunction request heard on Wednesday.
A new hearing date was not set as of Friday.