Border Wall Could Be Rerouted Through Santa Ana Wildlife Refuge, the Valley's Treasured Birding Spot
A court fight with an irrigation district has federal lawyers weighing a move of 2.8 miles of wall from a levee into the Santa Ana National Wildlife Refuge near Alamo. Here is what was said in court.
Ask almost anyone who grew up in the Rio Grande Valley about the Santa Ana National Wildlife Refuge, and you may hear about a school field trip. The 2,000-acre refuge along the Rio Grande, south of Alamo, is sometimes called the jewel of the national wildlife refuge system.
Now a stretch of border wall planned next to the refuge could end up running through it instead, The Texas Tribune reported.
What was said in court
In July, U.S. Customs and Border Protection moved ahead with plans to build 2.8 miles of border wall on a levee next to the refuge. Hidalgo County Irrigation District No. 2, a public corporation that delivers water to cities, farmers and ranchers, says government contractors trespassed on land it owns: 60 feet on either side of an irrigation canal.
The district sued two contractors, Spencer Construction LLC and Royal Concrete Products LLC. A state district court in Hidalgo County issued a temporary restraining order against them on July 30. After the U.S. government moved the case to federal court, a federal judge extended the order, and it is still in place.
At an Oct. 14 hearing, Assistant U.S. Attorney Lance Duke said the government was looking into the district's own suggestion. "My client is in the process of looking into, basically, moving the wall from its current expected path — where we were originally planning to go through [the irrigation district's] property — and instead move it through the wildlife refuge," Duke said. "We recognize that will probably just create additional litigation from other interested parties."
The district's attorney, Lance Kirby, had told the judge the problem would be solved if the wall were built 15 to 20 feet south of the current line. "It's music to my ears," he said.
Duke had also argued that Texas trespass law could not stop the federal government from building on land it does not own. He said a wall at that location was inevitable, even if the government had to use condemnation.
Why the canal matters
At an August hearing, district general manager Anthony Stambaugh testified that the contractors never asked permission to come onto the property. He said a wall on district land would squeeze the space around the canal, making it hard for crews to make timely repairs. In a farming region, a canal that cannot be fixed quickly is no small thing.
What CBP says
A CBP spokesperson did not confirm the agency was considering the move but said it was aware of the lawsuit. "CBP remains committed to enhancing border security at Santa Ana National Wildlife Refuge, while continuing coordination with the U.S. Fish and Wildlife Service and other relevant federal and state partners," the spokesperson said.
A long-running fight
The refuge has been a possible target for wall construction since 2017. In 2019, Congress protected it and other sensitive areas by barring appropriated money from being used to build a wall there. During President Donald Trump's second term, the Tribune reported, CBP has worked around those limits with money from the One Big Beautiful Bill, which funds wall construction outside the usual appropriations process.
U.S. Rep. Henry Cuellar, a Laredo Democrat who helped secure the earlier protections, said he is concerned. "I support strong border security, but there are better ways to secure our border than building through a wildlife refuge or cutting communities off from the Rio Grande," he said. He has added protective language to next year's Homeland Security spending bill, but Congress is unlikely to vote on it before the end of the year.
Weighing both goods
A secure border is a real duty of government, and so is wise care of the land. Scripture tells us the earth is the Lord's, and that we are stewards of it, not owners. Valley families should be able to expect both, along with straight answers about where the wall will go and who will pay for it.
Santa Ana draws birders from across the country, especially in the fall and winter. If you plan to visit for the Rio Grande Valley Birding Festival in Harlingen in November, check with the refuge before you go.
