Full Breakdown
Lawsuit Challenges Border Wall Flood Risk in Presidio, Texas
6/20/2026, 8:11:32 AM
Core Event
On June 19, 2026, the Presidio Municipal Development District, with Democracy Forward, sued DHS and CBP in D.C. court, alleging plans to replace Presidio’s earthen levee with a 30-foot concrete wall, breaching the Rivers and Harbors Act and risking flash floods. The levee, built after a 2008 flood that inundated homes, was funded by the International Boundary and Water Commission, and the administration has waived 29 environmental statutes to advance the wall.
Background & Context
2008, after Tropical Depression Lowell flooded Presidio, International Boundary and Water Commission spent millions on a levee to protect town from Rio Grande surges. Trump administration later waived 29 statutes, including Endangered Species and Clean Water Acts, while keeping Rivers and Harbors Act unchanged.
Data & Statistics
The wall would be 30 feet tall; 29 environmental protections were waived; the 2008 levee cost millions.
Why It Matters
Replacing the levee raises flood risk for homes, farms, wildlife, and disrupts ecosystems.
Official Statements & Criticism
CBP says the project remains in planning near Big Bend. White House confirmed 29 waivers and said the Rivers and Harbors Act remains obeyed. Congress called the construction unjustified. The Tohono O’odham Nation says CBP lacks tribal authority. Center for Biological Diversity warned inadequate review has caused flooding and erosion. Environmental advocates, led by the Center for Biological Diversity, argue the wall’s placement without thorough impact analysis threatens watersheds and public lands. The Tohono O’odham Nation filed a separate lawsuit alleging unlawful tribal encroachment. Local sheriffs note low crossing numbers do not justify the project.
On-the-Ground Reports
Presidio executive director John Kennedy said the river “has never divided us” and the levee “lets us live safely.” Mayor John Ferguson warned a wall “could be catastrophic” by blocking arroyos that feed the Rio Grande. Both stress the lawsuit is about flood safety, not politics.
Conflicting Reports & Gaps
The lawsuit alleges DHS proceeded without Army Corps permission, while CBP says the project is still in planning. Waivers exclude the Rivers and Harbors Act, leaving the required flood-safety review unaddressed. No public flood-risk assessment has been released, so the scale of potential damage remains unverified.
Verbatim Quotes
- “Here in Presidio, the river has never divided us. It’s the reason our whole community is here, on both sides,” — John Kennedy, Executive Director, Presidio Municipal Development District
- “We’re just asking the federal government to do the flood safety review that the law requires for any modifications to a federal levee,” — John T. Kennedy, Executive Director, Presidio Municipal Development District
- “If we were to have a border wall, it could be catastrophic,” — Mayor John Ferguson, Presidio
- “The Trump administration is engaged in border wall construction that’s unlawful,” — Skye Perryman, President, Democracy Forward
What’s Next
The plaintiffs have asked a judge for emergency relief to halt construction pending a court-ordered flood-safety review. A hearing is scheduled for later in 2026, and the district will commission further engineering studies.
