Case: Friends of the Ruidosa Church v. Mullin etal

3:26-cv-01099 | U.S. District Court for the Western District of Texas

Filed Date: April 16, 2026

Case Ongoing

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Case Summary

This case challenges the Department of Homeland Security’s and the U.S. Customs and Border Protection’s invocation of statutory waiver authority to facilitate large-scale border wall construction in the Big Bend region of Texas. On April 16, 2026, Friends of the Ruidosa Church and the Center for Biological Diversity filed a lawsuit in the U.S. District Court for the Western District of Texas challenging the federal government's invocation of sweeping legal waivers to expedite construction of an…

On April 16, 2026, Friends of the Ruidosa Church and the Center for Biological Diversity filed a lawsuit in the U.S. District Court for the Western District of Texas challenging the federal government's invocation of sweeping legal waivers to expedite construction of an extensive border wall. The defendants included the Secretary of Homeland Security, the U.S. Department of Homeland Security (DHS), and U.S. Customs and Border Protection. Plaintiffs alleged that on February 17, 2026, DHS unconstitutionally invoked Section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) to waive environmental and historic preservation laws, among numerous other federal laws. This action was taken to expedite construction of the "Big Bend Wall Project," a barrier spanning over 250 miles along the Rio Grande in Texas's Big Bend region. The complaint alleged that this project would destroy iconic sections of the Rio Grande corridor. The lawsuit asserted five constitutional claims alleging violations of the Major Questions Doctrine, the Nondelegation Doctrine, the Take Care Clause, the Fifth Amendment's Due Process Clause, and the Presentment Clause. The plaintiffs sought comprehensive relief, including declaratory and injunctive relief to halt the project, a declaration that the legal waivers were unconstitutional, and attorneys' fees. This case was assigned to District Judge Kathleen Cardone.

On June 11, 2026, the plaintiffs filed an amended complaint after DHS announced an additional Section 102(c) waiver for border wall construction in the Big Bend region. The amended complaint expanded the challenge to include both the February 17, 2026 "West Waiver" and a May 15, 2026 "National Park Waiver," as republished on June 9, 2026, authorizing approximately 180 additional miles of border wall construction through Big Bend National Park. The amended complaint alleged that the challenged waivers represented part of a larger executive program to achieve a complete, cross-continental border barrier. Together, the challenged waivers authorized more than 430 miles of border wall, roads, lighting, and related infrastructure. The amended complaint also added a Presentment Clause claim, alleging that Section 102(c)'s waiver authority permits the Secretary of Homeland Security to effectively nullify portions of duly enacted federal statutes without bicameralism and presentment. The plaintiffs otherwise continued to seek declaratory and injunctive relief preventing implementation of the challenged waivers.

As of June 2026, the court had not issued any substantive rulings, and the case remained ongoing.

Summary Authors

Niam Vora (6/30/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73199706/parties/friends-of-the-ruidosa-church-v-mullin-etal/

Judge(s)

Cardone, Kathleen (Texas)

Attorney for Plaintiff

Graves, Zeynep (Texas)

Kumar, Kate Gibson (Texas)

Labuschagne, Shannon Eva (Texas)

Park, Alana Lani (Texas)

Attorney for Defendant

Judge(s)

Cardone, Kathleen (Texas)

Attorney for Plaintiff

Graves, Zeynep (Texas)

Kumar, Kate Gibson (Texas)

Labuschagne, Shannon Eva (Texas)

Park, Alana Lani (Texas)

Rynders, Dustin (Texas)

Yip, Emma (Texas)

Attorney for Defendant

Yun, Alexander James (Texas)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 3:26-cv-01099	Complaint for Declaratory and Injunctive Relief Friends of Ruidosa Church v. Mullin	April 16, 2026	April 16, 2026 Complaint
11 3:26-cv-01099	First Amended Complaint For Declaratory And Injunctive Relief Friends of the Ruidosa Church v. Mullin et al	June 11, 2026	June 11, 2026 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/73199706/friends-of-the-ruidosa-church-v-mullin-etal/

Last updated Aug. 21, 2026, 3:19 a.m.

Docket for: Friends of the Ruidosa Church v. Mullin etal

ECF Number	Date	Description	Link
1	April 16, 2026	COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF ( Filing fee $ 405 receipt number ATXWDC-21772377). No Summons requested at this time, filed by Friends of the Ruidosa Church, Danny William Miller Junior, Center for Biological Diversity. (Attachments: # 1 Corporate Disclosure Statement-Friends of Ruidosa Church, # 2 Corporate Disclosure Statement-Center for Biological Diversity, # 3 Notice of Related Case, # 4 Civil Cover Sheet)(Rynders, Dustin) (Entered: 04/16/2026) 1 Corporate Disclosure Statement-Friends of Ruidosa Church View on PACER 2 Corporate Disclosure Statement-Center for Biological Diversity View on PACER 3 Notice of Related Case View on RECAP 4 Civil Cover Sheet View on RECAP	Clearinghouse
2	April 16, 2026	MOTION to Appear Pro Hac Vice by Dustin Rynders on behalf of Emma Yip ( Filing fee $ 100 receipt number ATXWDC-21777373) by on behalf of Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior. (Attachments: # 1 Proposed Order)(Rynders, Dustin) (Entered: 04/16/2026) 1 Proposed Order View on PACER	RECAP
3	April 16, 2026	MOTION to Appear Pro Hac Vice by Dustin Rynders on behalf of Shannon Labuschagne ( Filing fee $ 100 receipt number ATXWDC-21777404) by on behalf of Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior. (Attachments: # 1 Proposed Order)(Rynders, Dustin) (Entered: 04/16/2026) 1 Proposed Order View on PACER	RECAP
4	April 16, 2026	MOTION to Appear Pro Hac Vice by Dustin Rynders on behalf of Zeynep J. Graves ( Filing fee $ 100 receipt number ATXWDC-21777455) by on behalf of Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior. (Attachments: # 1 Proposed Order)(Rynders, Dustin) (Entered: 04/16/2026) 1 Proposed Order View on PACER	RECAP
5	April 16, 2026	REQUEST FOR ISSUANCE OF SUMMONS by Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior. Summons to U.S. Department of Justice, U.S. Customs and Border Protection, U.S. Department of Homeland Security, Markwayne Mullin, Secretary of Homeland Security-U.S. Department of Homeland Security and U.S. Attorney for the Western District of Texas. (Rynders, Dustin) (Entered: 04/16/2026)	RECAP
6	April 16, 2026	Summons Issued as to Markwayne Mullin, U.S. Customs and Border Protection, U.S. Department of Homeland Security, U.S. Attorney and U.S. Attorney General (mc4) (Entered: 04/16/2026)	RECAP
7	April 16, 2026	NOTICE of NOTICE OF RELATED CASE FILED IN CASE NO. 3:26-cv-00976-KC; CENTER FOR BIOLOGICAL DIVERSITY v. U.S. CUSTOMS AND BORDER PROTECTION by Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior (Attachments: # 1 Exhibit 1)(Rynders, Dustin) (Entered: 04/16/2026) 1 Exhibit 1 View on RECAP	RECAP
	April 16, 2026	To be Referred to EP Mag Judge
	April 16, 2026	Case Assigned/Reassigned
	April 16, 2026	Case assigned to Judge Kathleen Cardone. CM WILL NOW REFLECT THE JUDGE INITIALS AS PART OF THE CASE NUMBER. PLEASE APPEND THESE JUDGE INITIALS TO THE CASE NUMBER ON EACH DOCUMENT THAT YOU FILE IN THIS CASE. (mc4)
	April 16, 2026	If ordered by the court, all referrals will be assigned to Magistrate Judge Castaneda (mc4)
8	April 18, 2026	ORDER GRANTING IN PART 2 Motion to Appear Pro Hac Vice as to Attorney Emma Yip. Signed by Judge Kathleen Cardone. (mc4) (Entered: 04/20/2026)	RECAP
9	April 18, 2026	ORDER GRANTING IN PART 3 Motion to Appear Pro Hac Vice as to Attorney Shannon Eva Labuschagne. Signed by Judge Kathleen Cardone. (mc4) (Entered: 04/20/2026)	RECAP
	April 18, 2026	Order on Motion to Appear Pro Hac Vice
	April 18, 2026	Text Order GRANTING 4 Motion to Appear Pro Hac Vice.IT IS ORDERED that attorney Zeynep J. Graves may appear on behalf of Plaintiffs. IT IS FURTHER ORDERED that Zeynep J. Graves, if he has not already done so, shall immediately tender the amount of $100.00, made payable to: Clerk, U.S. District Court, in compliance with Local Court Rule AT-1(f)(2). Pursuant to our Administrative Policies and Procedures for Electronic Filing, the attorney hereby granted to practice pro hac vice in this case must register for electronic filing with our court within 10 days of this order. Registration is managed by the PACER Service Center entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC)
10	May 5, 2026	NOTICE OF COMPLIANCE by Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior re 9 Order on Motion to Appear Pro Hac Vice, 8 Order on Motion to Appear Pro Hac Vice (Yip, Emma) (Entered: 05/05/2026)	RECAP
11	June 11, 2026	AMENDED COMPLAINT against All Defendants amending 1 Complaint,., filed by Friends of the Ruidosa Church, Danny William Miller Junior, Center for Biological Diversity.(Yip, Emma) (Entered: 06/11/2026)	Clearinghouse
12	June 16, 2026	NOTICE of Attorney Appearance by Alexander James Yun on behalf of Markwayne Mullin, U.S. Customs and Border Protection, U.S. Department of Homeland Security. Attorney Alexander James Yun added to party Markwayne Mullin(pty:dft), Attorney Alexander James Yun added to party U.S. Customs and Border Protection(pty:dft), Attorney Alexander James Yun added to party U.S. Department of Homeland Security(pty:dft) (Yun, Alexander) (Entered: 06/16/2026)	RECAP
13	June 16, 2026	NOTICE of Consent to Amend Complaint by Markwayne Mullin, U.S. Customs and Border Protection, U.S. Department of Homeland Security re 11 Amended Complaint (Yun, Alexander) (Entered: 06/16/2026)	RECAP
14	June 18, 2026	SUMMONS Returned Executed by Friends of the Ruidosa Church, Danny William Miller Junior, Center for Biological Diversity. All Defendants. (Attachments: # 1 Exhibit U.S. Attorney, # 2 Exhibit Sec. Mullin, # 3 Exhibit DHS, # 4 Exhibit CBP, # 5 Exhibit AG, # 6 Exhibit Civ. Process Clerk)(Yip, Emma) (Entered: 06/18/2026) 1 Exhibit U.S. Attorney View on RECAP 2 Exhibit Sec. Mullin View on RECAP 3 Exhibit DHS View on RECAP 4 Exhibit CBP View on RECAP 5 Exhibit AG View on RECAP 6 Exhibit Civ. Process Clerk View on RECAP	RECAP
15	June 22, 2026	Joint MOTION for Entry of Scheduling Order Deadlines by Markwayne Mullin, U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Proposed Order)(Yun, Alexander) (Entered: 06/22/2026) 1 Proposed Order View on RECAP	RECAP
16	June 23, 2026	ORDER GRANTING 15 Motion for Entry of Scheduling Order Signed by Judge Kathleen Cardone. (dt) (Entered: 06/23/2026)	RECAP
17	July 10, 2026	Unopposed MOTION FOR LEAVE to File a Supplement to 11 Amended Complaint by Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior. (Attachments: # 1 Exhibit 1 - Supplement to Amended Complaint, # 2 Proposed Order)(Yip, Emma) Modified on 7/10/2026 (mc4). (Entered: 07/10/2026) 1 Exhibit 1 - Supplement to Amended Complaint View on PACER 2 Proposed Order View on PACER	RECAP
18	July 13, 2026	FIRST AMENDED AND SUPPLEMENTED COMPLAINT for Declaratory and Injunctive Relief against Markwayne Mullin, U.S. Customs and Border Protection, U.S. Department of Homeland Security, filed by Friends of the Ruidosa Church, Danny William Miller Junior, Center for Biological Diversity.(mc4) (Entered: 07/13/2026)	RECAP
	July 13, 2026	Order on Motion to Supplement
	July 13, 2026	Text Order GRANTING 17 Motion to supplement entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC)
19	July 17, 2026	MOTION for Summary Judgment by Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior. (Attachments: # 1 Appendix Proposed Undisputed Facts, # 2 Appendix Appendix of Evidence: Volume 1, # 3 Appendix Appendix of Evidence: Volume 2, # 4 Proposed Order, # 5 Exhibit Certificate of Service)(Yip, Emma) (Entered: 07/17/2026) 1 Appendix Proposed Undisputed Facts View on RECAP 2 Appendix Appendix of Evidence: Volume 1 View on PACER 3 Appendix Appendix of Evidence: Volume 2 View on PACER 4 Proposed Order View on RECAP 5 Exhibit Certificate of Service View on RECAP	RECAP
20	July 30, 2026	CERTIFICATE OF SERVICE by Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior 11 Amended Complaint (Attachments: # 1 Exhibit 1 - US Attorney, # 2 Exhibit 2 - Secretary Mullin, # 3 Exhibit 3 - CBP, # 4 Exhibit 4 - US AG, # 5 Exhibit 5 - DHS)(Yip, Emma) (Entered: 07/30/2026)	RECAP
21	Aug. 6, 2026	Unopposed MOTION to Expedite by Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior. (Attachments: # 1 Exhibit Yip Decl., # 2 Exhibit Yip Decl. Ex. 1, # 3 Exhibit Yip Decl. Ex. 2, # 4 Exhibit Yip Decl. Ex. 3, # 5 Exhibit Yip Decl. Ex. 4, # 6 Exhibit Yip Decl. Ex. 5, # 7 Exhibit Jordahl Decl., # 8 Exhibit Jordahl Decl. Ex. 1)(Yip, Emma) (Entered: 08/06/2026) 1 Exhibit Yip Decl. View on RECAP 2 Exhibit Yip Decl. Ex. 1 View on RECAP 3 Exhibit Yip Decl. Ex. 2 View on RECAP 4 Exhibit Yip Decl. Ex. 3 View on RECAP 5 Exhibit Yip Decl. Ex. 4 View on RECAP 6 Exhibit Yip Decl. Ex. 5 View on RECAP 7 Exhibit Jordahl Decl. View on RECAP 8 Exhibit Jordahl Decl. Ex. 1 View on RECAP	RECAP
22	Aug. 7, 2026	NOTICE OF ERRATA by Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior re 21 Unopposed MOTION to Expedite (Attachments: # 1 Errata)(Yip, Emma) (Entered: 08/07/2026) 1 Errata View on RECAP	RECAP
23	Aug. 7, 2026	Unopposed MOTION to supplement re 18 Amended Complaint, by Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior. (Attachments: # 1 Exhibit 1 - Second Supplement)(Yip, Emma) (Entered: 08/07/2026) 1 Exhibit 1 - Second Supplement View on RECAP	RECAP
24	Aug. 7, 2026	MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment by Markwayne Mullin, U.S. Customs and Border Protection, U.S. Department of Homeland Security. (Attachments: # 1 Defendants' Proposed Undisputed Facts, # 2 Defendants' Response to Plaintiffs' Proposed Undisputed Facts)(Yun, Alexander) (Entered: 08/07/2026) 1 Defendants' Proposed Undisputed Facts View on RECAP 2 Defendants' Response to Plaintiffs' Proposed Undisputed Facts View on RECAP	RECAP
25	Aug. 7, 2026	ORDER TAKING UNDER ADVISEMENT 21 Motion to Expedite, Plaintiffs shall FILE an advisory by no later than August 14, 2026. Signed by Judge Kathleen Cardone. (jr1) (Entered: 08/10/2026)	RECAP
26	Aug. 11, 2026	FIRST AMENDED AND SECOND SUPPLEMENTED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against Markwayne Mullin, U.S. Customs and Border Protection, U.S. Department of Homeland Security amending, filed by Friends of the Ruidosa Church, Danny William Miller Junior, Center for Biological Diversity. (jr1) (Entered: 08/11/2026)	RECAP
	Aug. 11, 2026	Order on Motion to Supplement
	Aug. 11, 2026	Text Order GRANTING 23 Motion to supplement entered by Judge Kathleen Cardone. (This is a text-only entry generated by the court. There is no document associated with this entry.) (KC)
27	Aug. 12, 2026	ADVISORY TO THE COURT by Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior . (Yip, Emma) (Entered: 08/12/2026)	RECAP
28	Aug. 13, 2026	ORDER DENYING 21 Motion to Expedite Signed by Judge Kathleen Cardone. (mao) (Entered: 08/13/2026)	RECAP
29	Aug. 14, 2026	MOTION for Leave to File Amicus Brief by Janice Ta. by The Coalition to Protect Americas National Parks, Keep Big Bend Wild. (Attachments: # 1 Brief of Amici Curiae, # 2 Proposed Order)(Ta, Janice) (Entered: 08/14/2026) 1 Brief of Amici Curiae View on RECAP 2 Proposed Order View on RECAP	RECAP
30	Aug. 14, 2026	MOTION to Appear Pro Hac Vice by Janice L. Ta for Edward A. Boling ( Filing fee $ 100 receipt number ATXWDC-22483179) by on behalf of Keep Big Bend Wild, The Coalition to Protect Americas National Parks. (Ta, Janice) (Entered: 08/14/2026)	RECAP
31	Aug. 14, 2026	MOTION to Appear Pro Hac Vice by Janice L. Ta for Thomas C. Jensen ( Filing fee $ 100 receipt number ATXWDC-22483197) by on behalf of Keep Big Bend Wild, The Coalition to Protect Americas National Parks. (Ta, Janice) (Entered: 08/14/2026)	RECAP
32	Aug. 15, 2026	Response in Opposition to Motion, filed by Center for Biological Diversity, Friends of the Ruidosa Church, Danny William Miller Junior, re 24 MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment filed by Defendant Markwayne Mullin, Defendant U.S. Department of Homeland Security, Defendant U.S. Customs and Border Protection (Attachments: # 1 Exhibit Response to Proposed Undisputed Facts, # 2 Exhibit Decl. of Emma Yip, # 3 Exhibit Yip Decl. Ex. 1, # 4 Exhibit Supp Dhondt Rep.)(Yip, Emma) (Entered: 08/15/2026) 1 Exhibit Response to Proposed Undisputed Facts View on PACER 2 Exhibit Decl. of Emma Yip View on PACER 3 Exhibit Yip Decl. Ex. 1 View on PACER 4 Exhibit Supp Dhondt Rep. View on PACER	RECAP
33	Aug. 17, 2026	Brief	RECAP
34	Aug. 17, 2026	Preliminary Injunction 1 Exhibit Yip Decl. View on RECAP 2 Exhibit Yip Decl. - Exhibits 1-9 View on RECAP 3 Exhibit Phillips Decl. View on RECAP 4 Exhibit Devine Decl. View on RECAP 5 Exhibit Jordahl Decl. View on RECAP 6 Exhibit Miller Decl. View on RECAP	RECAP
35	Aug. 17, 2026	Notice of Attorney Appearance	RECAP
	Aug. 17, 2026	Order on Motion for Leave to File Amicus Brief
	Aug. 17, 2026	Order on Motion to Appear Pro Hac Vice
36	Aug. 18, 2026	Order	RECAP
37	Aug. 20, 2026	Hearing 1 Proposed Order View on RECAP	RECAP

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Case Details

State / Territory:

Texas

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Immigration Enforcement

Key Dates

Filing Date: April 16, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Environmental organizations and a private landowner challenging the federal government's use of statutory waiver authority to expedite border wall construction through the Big Bend region of Texas.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

Texas Civil Rights Project

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

U.S. Customs and Border Protection

U.S. Department of Homeland Security

Defendant Type(s):

Jurisdiction-wide

Law-enforcement

Facility Type(s):

Government-run

Case Details

Constitutional Clause(s):

Due Process

Non-delegation Doctrine

Presentment Clause

Take Care Clause

Other Dockets:

Western District of Texas 3:26-cv-01099

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Relief Granted:

Source of Relief:

None yet

Issues

Immigration/Border:

Border wall

Recommended Citation

Case Summary of Friends of the Ruidosa Church v. Mullin etal, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/48106/ (last updated 6/30/2026).