Case: Presidio Municipal Development District v. Department of Homeland Security

1:26-cv-02146 | U.S. District Court for the District of District of Columbia

Filed Date: June 17, 2026

Case Ongoing

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Case Summary

This case challenges the construction of a “Smart Wall” border barrier that poses flood risk in Southwest Texas. On June 17, 2026, Presidio Municipal Development District (PMDD)—a political subdivision of Texas owning approximately 400 acres of the Presidio Industrial Park—filed a lawsuit in the U.S. District Court for the District of Columbia against the U.S. Department of Homeland Security (DHS) and U.S. Customs and Border Protection (CBP). The suit challenged the defendants' construction of …

This case challenges the construction of a “Smart Wall” border barrier that poses flood risk in Southwest Texas.

On June 17, 2026, Presidio Municipal Development District (PMDD)—a political subdivision of Texas owning approximately 400 acres of the Presidio Industrial Park—filed a lawsuit in the U.S. District Court for the District of Columbia against the U.S. Department of Homeland Security (DHS) and U.S. Customs and Border Protection (CBP). The suit challenged the defendants' construction of a border barrier—referred to as the "Smart Wall" for its detection technology—along the Rio Grande in Big Bend, Texas. The plaintiff alleged that the project violated federal law and threatened critical flood control infrastructure by cutting through the Presidio Flood Control Project (PFCP). The PFCP is a levee system managed by the U.S. Section of the International Boundary and Water Commission. According to the plaintiff, the defendants planned to replace the existing earthen slope of the levee with a concrete wall topped by 30-foot steel bollard panels. The PFCP, with other levees in the region, provides essential flood protection to surrounding communities. The plaintiff contended that the defendants’ construction activities risked impairing the levees’ structural integrity and increasing flood hazards.

Central to the plaintiff’s claims was the assertion that the defendants had failed to comply with the Rivers and Harbors Act (RHA), which requires prior approval from the Secretary of the Army before altering or impairing the usefulness of federally managed flood control projects. The complaint alleged that the defendants had neither sought nor obtained the requisite Section 408 permission under the RHA, despite having awarded contracts for construction in the Big Bend Sector and initiating land-clearing and equipment-staging activities. While the defendants had issued multiple waivers under the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA) to bypass certain legal requirements for the construction, none of these waivers purported to exempt them from compliance with the RHA.

Accordingly, the first cause of action brought by the plaintiff was under the Administrative Procedure Act (APA), alleging that the defendants’ construction was "not in accordance with law" under 5 U.S.C. § 706(2)(A), specifically violating the RHA. In the alternative, the plaintiff brought a second, ultra vires claim, asserting that the defendants exceeded their statutory authority by proceeding without the required RHA approval. The plaintiff sought declaratory and injunctive relief against further construction and a stay of the project, as well as attorney's fees and costs. The case was assigned to District Court Judge Reggie B. Walton.

The same day, the plaintiff moved for a preliminary injunction and/or a stay of construction of the Smart Wall.

A motion hearing was held on July 21, 2026. On August 2, 2026, the court denied the motion for a stay and/or a preliminary injunction. 2026 WL 2213850. The court focused on the first factor of the preliminary injunction test, the likelihood of success on the merits. The court determined that no violation of RHA had occurred at the time the complaint was filed as no physical construction had yet taken place. Consequently, the court concluded that the plaintiff could not demonstrate a likelihood of success on the merits. Separately, the court found that the waiver under IIRIRA precluded the plaintiff's claims because its authority did extend to the RHA. In light of its findings, the court denied the plaintiff’s motion for a stay and/or preliminary injunction.

This case is ongoing

Summary Authors

Madeline Dollard (8/5/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73497518/parties/presidio-municipal-development-district-v-department-of-homeland-security/

Judge(s)

Attorney for Plaintiff

Bakst, Laura B. (District of Columbia)

Katz, Louis Robert (District of Columbia)

Khan, Ayesha N. (District of Columbia)

Netter, Brian D. (District of Columbia)

Perryman, Skye (District of Columbia)

Attorney for Defendant

Judge(s)

Walton, Reggie B. (District of Columbia)

Attorney for Plaintiff

Bakst, Laura B. (District of Columbia)

Katz, Louis Robert (District of Columbia)

Khan, Ayesha N. (District of Columbia)

Netter, Brian D. (District of Columbia)

Perryman, Skye (District of Columbia)

Attorney for Defendant

Yun, Alexander James (District of Columbia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:26-cv-02146	Complaint	June 17, 2026	June 17, 2026 Complaint
20 1:26-cv-02146	Memorandum Opinion Presidio Municipal Development District v. United States Department of Homeland Security et al.	Aug. 2, 2026	Aug. 2, 2026 Order/Opinion 2026 WL 2213850
21 1:26-cv-02146	Order Presidio Municipal Development District v. United States Department of Homeland Security et al.	Aug. 2, 2026	Aug. 2, 2026 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/73497518/presidio-municipal-development-district-v-department-of-homeland-security/

Last updated Aug. 30, 2026, 3:10 a.m.

Docket for: PRESIDIO MUNICIPAL DEVELOPMENT DISTRICT v. DEPARTMENT OF HOMELAND SECURITY

ECF Number	Date	Description	Link
1	June 17, 2026	COMPLAINT against DEPARTMENT OF HOMELAND SECURITY, MARKWAYNE MULLIN, RODNEY S. SCOTT, U.S. CUSTOMS AND BORDER PROTECTION ( Filing fee $ 405 receipt number ADCDC-12494001) filed by PRESIDIO MUNICIPAL DEVELOPMENT DISTRICT. (Attachments: # 1 Civil Cover Sheet, # 2 Summons U.S. Customs and Border Protection Summons, # 3 Summons Department of Homeland Security Summons, # 4 Summons Markwayne Mullin Summons, # 5 Summons United States Attorney General Summons, # 6 Summons United States Attorney's Office Summons, # 7 Summons Rodney Scott Summons, # 8 Exhibit A - CBP Letter, # 9 Exhibit B - IBWC Letter, # 10 Exhibit C - USACE Letter)(Katz, Louis) (Entered: 06/17/2026) 1 Civil Cover Sheet View on PACER 2 Summons U.S. Customs and Border Protection Summons View on PACER 3 Summons Department of Homeland Security Summons View on PACER 4 Summons Markwayne Mullin Summons View on PACER 5 Summons United States Attorney General Summons View on PACER 6 Summons United States Attorney's Office Summons View on PACER 7 Summons Rodney Scott Summons View on PACER 8 Exhibit A - CBP Letter View on PACER 9 Exhibit B - IBWC Letter View on PACER 10 Exhibit C - USACE Letter View on PACER	Clearinghouse
2	June 17, 2026	MOTION for Preliminary Injunction and/or Stay Under 5 U.S.C. § 705 by PRESIDIO MUNICIPAL DEVELOPMENT DISTRICT. (Attachments: # 1 Memorandum in Support, # 2 Declaration of John T. Kennedy, # 3 Exhibit A - PMDD Resolution, # 4 Exhibit B - PMDD Comment, # 5 Exhibit C - Johnson Report, # 6 Exhibit D - Tompkins Report, # 7 Exhibit E - Presidio & PMDD Letter, # 8 Exhibit F - CBP Email, # 9 Text of Proposed Order)(Katz, Louis). Added MOTION to Stay on 6/18/2026 (znmw). (Entered: 06/17/2026) 1 Memorandum in Support View on RECAP 2 Declaration of John T. Kennedy View on RECAP 3 Exhibit A - PMDD Resolution View on RECAP 4 Exhibit B - PMDD Comment View on RECAP 5 Exhibit C - Johnson Report View on RECAP 6 Exhibit D - Tompkins Report View on RECAP 7 Exhibit E - Presidio & PMDD Letter View on RECAP 8 Exhibit F - CBP Email View on RECAP 9 Text of Proposed Order View on RECAP	RECAP
3	June 17, 2026	NOTICE of Appearance by Brian D. Netter on behalf of PRESIDIO MUNICIPAL DEVELOPMENT DISTRICT (Netter, Brian) (Entered: 06/17/2026)	RECAP
4	June 17, 2026	MOTION for Leave to Appear Pro Hac Vice :Attorney Name- Laura B. Bakst, Filing fee $ 100, receipt number ADCDC-12494518. Fee Status: Fee Paid. by PRESIDIO MUNICIPAL DEVELOPMENT DISTRICT. (Attachments: # 1 Declaration for Pro Hac Vice Admission, # 2 Exhibit Certificate of Good Standing)(Katz, Louis) (Entered: 06/17/2026)	RECAP
5	June 17, 2026	NOTICE of Appearance by Skye Perryman on behalf of PRESIDIO MUNICIPAL DEVELOPMENT DISTRICT (Perryman, Skye) (Entered: 06/17/2026)	RECAP
6	June 18, 2026	SUMMONS (6) Issued Electronically as to All Defendants, U.S. Attorney and U.S. Attorney General (Attachments: # 1 Notice and Consent)(zmtm) (Entered: 06/18/2026)	RECAP
	June 18, 2026	Case Assigned/Reassigned
	June 18, 2026	.Order AND ~Util - Set/Reset Deadlines/Hearings
	June 18, 2026	Case Assigned to Judge Reggie B. Walton. (zmtm)
	June 18, 2026	Order on Motion for Leave to Appear Pro Hac Vice
	June 18, 2026	MINUTE ORDER. To ensure the expeditious resolution of the 2 Plaintiff's Motion for a Stay Under 5 U.S.C. 706 and/or Preliminary Injunction, it is hereby ORDERED that, on or before June 22, 2026, at 5:00 p.m., counsel for the defendants shall enter a notice of appearance in this case. It is further ORDERED that, on June 23, 2026, at 10:00 a.m., the parties shall appear before the Court for a scheduling conference, via teleconference, by calling 646-828-7666, entering Meeting ID 161 591 8885 followed by the pound key (#), and then entering the Passcode 984979 followed by the pound key (#). The parties shall be prepared to discuss a briefing schedule and the scheduling of a motion hearing on the plaintiff's motion for a stay and/or preliminary injunction. It is further ORDERED that the plaintiff shall forthwith notify the defendants of the contents of this Minute Order. Signed by Judge Reggie B. Walton on June 18, 2026. (lcrbw2)
	June 18, 2026	MINUTE ORDER. To ensure the expeditious resolution of the 2 Plaintiff's Motion for a Stay Under 5 U.S.C. § 705 and/or Preliminary Injunction, it is hereby ORDERED that, on or before June 22, 2026, at 5:00 p.m., counsel for the defendants shall enter a notice of appearance in this case. It is further ORDERED that, on June 23, 2026, at 10:00 a.m., the parties shall appear before the Court for a scheduling conference, via teleconference, by calling 646-828-7666, entering Meeting ID 161 591 8885 followed by the pound key (#), and then entering the Passcode 984979 followed by the pound key (#). The parties shall be prepared to discuss a briefing schedule and the scheduling of a motion hearing on the plaintiff's motion for a stay and/or preliminary injunction. It is further ORDERED that the plaintiff shall forthwith notify the defendants of the contents of this Minute Order. Signed by Judge Reggie B. Walton on June 18, 2026. (lcrbw2) Modified on 6/23/2026. (zalh)
	June 18, 2026	MINUTE ORDER. The Court having considered the plaintiff's 4 Motion for Admission of Laura B. Bakst Pro Hac Vice, and it appearing to the Court that the attorney referenced therein meets the requirements for pro hac vice admission under this Court's rules, it is hereby ORDERED that the motion is GRANTED. It is further ORDERED that Laura B. Bakst, Democracy Forward Foundation, P.O. Box 34553, Washington, DC 20043, is ADMITTED to practice before the Court pro hac vice in this case. Counsel should register for e-filing via PACER and file a notice of appearance pursuant to LCvR 83.6(a) Click for instructions. Signed by Judge Reggie B. Walton on June 18, 2026. (lcrbw2)
7	June 22, 2026	NOTICE of Appearance by Alexander James Yun on behalf of All Defendants (Yun, Alexander) (Entered: 06/22/2026)	RECAP
8	June 22, 2026	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed as to the United States Attorney. Date of Service Upon United States Attorney on 6/18/2026. Answer due for ALL FEDERAL DEFENDANTS by 8/17/2026. (Katz, Louis) (Entered: 06/22/2026)	RECAP
9	June 22, 2026	Joint MOTION for Scheduling Order by MARKWAYNE MULLIN, RODNEY S. SCOTT, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Text of Proposed Order)(Yun, Alexander) (Entered: 06/22/2026) 1 Text of Proposed Order View on PACER	RECAP
10	June 22, 2026	GENERAL ORDER FOR CIVIL CASES BEFORE THE HONORABLE REGGIE B. WALTON. Signed by Judge Reggie B. Walton on June 22, 2026. (lcrbw2) (Entered: 06/22/2026)	RECAP
11	June 23, 2026	NOTICE of Appearance by Laura B. Bakst on behalf of PRESIDIO MUNICIPAL DEVELOPMENT DISTRICT (Bakst, Laura) (Entered: 06/23/2026)	RECAP
	June 23, 2026	Scheduling Conference AND ~Util - Set/Reset Hearings
	June 23, 2026	Minute Entry for telephonic proceedings held before Judge Reggie B. Walton: Scheduling Conference held on 6/23/2026. The Court grants 9 Joint Motion for Scheduling Order and adopts the parties' agreed upon briefing schedule. Motion Hearing set for 7/21/2026 at 10:00 AM in Courtroom 16- In Person before Judge Reggie B. Walton. (Court Reporter: Lisa Moreira) (zalh)
12	June 24, 2026	ORDER. In accordance with the attached Order, it is hereby ORDERED that the parties' 9 Joint Motion For Scheduling Order is GRANTED. It is further ORDERED that, on or before July 1, 2026, the defendants shall file their response to the 2 Plaintiff's Motion For A Stay Under 5 U.S.C. § 705 And/Or Preliminary Injunction. It is further ORDERED that, on or before July 10, 2026, the plaintiff shall file its reply to the defendants' response. It is further ORDERED that, on July 21, 2026, at 10:00 a.m., the parties shall appear before the Court for a motion hearing. The parties shall appear for the motion hearing before the Court in Courtroom 16 on the 6th floor at the E. Barrett Prettyman United States Courthouse, 333 Constitution Avenue, N.W., Washington, D.C. 20001. Signed by Judge Reggie B. Walton on June 24, 2026. (lcrbw1) (Entered: 06/24/2026)	RECAP
13	July 1, 2026	Memorandum in opposition to re 2 MOTION for Preliminary Injunction and/or Stay Under 5 U.S.C. § 705 MOTION to Stay filed by MARKWAYNE MULLIN, RODNEY S. SCOTT, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit, # 2 Exhibit)(Yun, Alexander) (Entered: 07/01/2026) 1 Exhibit View on RECAP 2 Exhibit View on RECAP	RECAP
14	July 10, 2026	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed on United States Attorney General. Date of Service Upon United States Attorney General July 8, 2026. (Bakst, Laura) (Entered: 07/10/2026)	RECAP
15	July 10, 2026	RETURN OF SERVICE/AFFIDAVIT of Summons and Complaint Executed. MARKWAYNE MULLIN served on 6/22/2026; RODNEY S. SCOTT served on 6/22/2026; U.S. CUSTOMS AND BORDER PROTECTION served on 6/22/2026; U.S. DEPARTMENT OF HOMELAND SECURITY served on 6/22/2026 (Attachments: # 1 Affidavit of Service, DHS, # 2 Affidavit of Service, Secretary Mullin, # 3 Affidavit of Service, Secretary Scott)(Bakst, Laura) (Entered: 07/10/2026)	RECAP
16	July 10, 2026	REPLY to opposition to motion re 2 Motion for Preliminary Injunction,,, Motion to Stay,, filed by PRESIDIO MUNICIPAL DEVELOPMENT DISTRICT. (Bakst, Laura) (Entered: 07/10/2026)	RECAP
17	July 20, 2026	NOTICE of Appearance by Ayesha N. Khan on behalf of PRESIDIO MUNICIPAL DEVELOPMENT DISTRICT (Khan, Ayesha) (Entered: 07/20/2026)	RECAP
	July 20, 2026	.Order
	July 20, 2026	MINUTE ORDER. The public is permitted to attend the motion hearing currently scheduled for July 21, 2026, at 10:00 a.m., by calling 1-833-990-9400, and entering the Meeting ID 011366756. Signed by Judge Reggie B. Walton on July 20, 2026. (lcrbw1)
	July 21, 2026	Minute Entry for proceedings held before Judge Reggie B. Walton: Motion Hearing held on 7/21/2026 re 2 Plaintiff's Motion for a Stay Under 5 U.S.C. § 705 and/or Preliminary Injunction. Oral arguments heard. The Court takes the matter under advisement. Written Opinion forthcoming via Chambers. (Court Reporter: Rebecca Monroe) (zalh)
	July 21, 2026	Motion Hearing
18	July 27, 2026	SUPPLEMENTAL MEMORANDUM to Defendants' Response to Plaintiffs' Motion for Stay and/or Preliminary Injunction filed by MARKWAYNE MULLIN, RODNEY S. SCOTT, U.S. CUSTOMS AND BORDER PROTECTION, U.S. DEPARTMENT OF HOMELAND SECURITY. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Yun, Alexander) (Entered: 07/27/2026) 1 Exhibit A View on RECAP 2 Exhibit B View on RECAP	RECAP
19	July 28, 2026	REPLY re 18 Supplemental Memorandum, filed by PRESIDIO MUNICIPAL DEVELOPMENT DISTRICT. (Bakst, Laura) (Entered: 07/28/2026)	RECAP
20	Aug. 2, 2026	MEMORANDUM OPINION. Signed by Judge Reggie B. Walton on August 2, 2026. (lcrbw1) (Entered: 08/02/2026)	Clearinghouse
21	Aug. 2, 2026	ORDER. In accordance with the attached Order, it is hereby ORDERED that the 2 Plaintiff's Motion For A Stay Under 5 U.S.C. § 705 And/Or Preliminary Injunction is DENIED. It is further ORDERED that, on or before August 7, 2026, the plaintiff shall file, on the public docket, the email correspondence it provided to the Court at the motion hearing on July 21, 2026, which is cited in the Court's Memorandum Opinion as "[e]mail from redacted sender to Rebecca Rizzuti (April 1, 2026) ('Rizzuti Email') (provided to the Court at the July 21, 2026 motion hearing)." It is further ORDERED that, on or before August 21, 2026, the defendants shall answer or otherwise respond to the plaintiff's Complaint. Signed by Judge Reggie B. Walton on August 2, 2026. (lcrbw1) (Entered: 08/02/2026)	Clearinghouse
22	Aug. 4, 2026	Notice (Other) 1 Exhibit A - email correspondence View on PACER	RECAP
23	Aug. 18, 2026	Extension of Time to	RECAP
	Aug. 20, 2026	Order on Motion for Extension of Time to AND Set/Reset Deadlines

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Case Details

State / Territory:

District of Columbia

Case Type(s):

Immigration and/or the Border

Special Collection(s):

Trump Administration 2.0: Challenges to the Government

Key Dates

Filing Date: June 17, 2026

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Presidio Municipal Development District (PMDD)—a political subdivision of Texas owning approximately 400 acres of the Presidio Industrial Park, where part of the Big Bend flood plain lies.

Plaintiff Type(s):

City/County Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

U.S. Customs and Border Protection (CBP).

U.S. Department of Homeland Security (DHS)

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Other Dockets:

District of District of Columbia 1:26-cv-02146

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Sought:

Relief Granted:

Source of Relief:

None yet

Issues

Immigration/Border:

Border wall

Recommended Citation

Case Summary of Presidio Municipal Development District v. Department of Homeland Security, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/48304/ (last updated 8/5/2026).