Texas border town Presidio sues Trump admin, says wall plan raises flood risk

A Small Community vs. Federal Power

A tiny rural community in Texas is taking on the Trump administration in court over plans to build a border wall through a levee system that protects the town from flooding. The town of Presidio, located along the U.S.-Mexico border, argued in federal court Tuesday that the proposed wall could cause catastrophic flooding and that the administration is bypassing legal requirements in its rush to construct the barrier.

The Broader Context

The hearing comes as the Department of Homeland Security (DHS) pushes forward with its $46 billion plan to complete a border wall stretching from the Pacific Ocean to the Gulf of Mexico — a signature promise of President Donald Trump. However, the department faces mounting opposition from landowners, environmental groups, Native American tribes, and others who argue that rapid construction threatens historical and religious sites, as well as border communities, even as illegal crossings from Mexico remain at historically low levels.

The lawsuit, filed by Presidio's development district, pits a town of just over 3,200 residents against a department central to the administration's mass deportation agenda. It also highlights a longstanding tension in American politics: the friction between local municipalities and the federal government in Washington.

The Flooding Risk

Lawyers for the development district argue that the government's plans could compromise the levee system protecting Presidio from flash flooding — a serious and recurring problem in Texas. They contend that the administration violated the Rivers and Harbors Act, which requires seeking permission from the Army Corps of Engineers before building on or near levees.

The town is particularly concerned about the impact on a series of berms and levees built in the 1970s and 1980s along the Rio Grande and its tributaries to control flooding.

According to court documents, U.S. Customs and Border Protection (CBP) plans to "replace the earthen slope of the existing levee with a concrete wall, with 30-foot steel bollard panels installed on top." The development district says it has requested more details from the agency but was told the information cannot be shared due to "national security."

"There is unfortunately a long history here of CBP construction causing or increasing flood risks," said Laura Bakst, a lawyer for Democracy Forward, which is representing Presidio's development district.

The Government's Position

The government argues that there is no final plan for where the border wall will go or how it will be built. A government lawyer stated during Tuesday's hearing that it is too early to argue that the proposed wall could harm Presidio because CBP has not yet decided on a final design.

Regardless, the administration asserts it has the authority to waive a broad range of regulations to build the wall as it seeks to reduce daily border crossings to zero.

Waiving Regulations

In the race to complete the wall, both former Homeland Security Secretary Kristi Noem and current Secretary Markwayne Mullin have waived numerous environmental and archaeological requirements that the federal government normally must follow for infrastructure projects.

Under legislation passed by Congress, DHS has the authority to waive certain requirements specifically to expedite border wall construction. However, critics argue the department is exceeding congressional intent by issuing broad waivers along the entire 2,000-mile (3,200-kilometer) border.

In Presidio's case, the development district argues that DHS is violating the Rivers and Harbors Act. Although the department has waived the act, lawyers for Presidio contend that the wording of the law still requires DHS to consult with the Army Corps of Engineers before proceeding.

Louis Katz, another lawyer for Democracy Forward, warned that the department's approach to waiving state and federal laws represents an "extraordinary exertion of authority."

Timeline for Construction

A key question remains: When will construction begin? Timing has been a concern not only for Presidio but for landowners along the entire border. Construction crews have pre-positioned supplies — including steel bollard wall panels — but no actual wall-building has started in the area.

During the hearing, Justice Department lawyer Alexander Yun provided some insight into the government's timeline. When asked whether construction could begin as early as August, Yun indicated that it could start as early as August or as late as October.