As opposition grows over the Trump administration’s border construction project in Big Bend National Park, Texas Attorney General Ken Paxton has not joined those calling for the federal government to back away from the project.
His record helps explain why.
Paxton has spent years using the power of the Texas attorney general’s office to preserve federal funding for border wall construction, force the federal government to continue wall projects and prevent the disposal of unused border wall materials.
The Republican Party of Texas highlighted that history again this week in a social media post declaring, “Border wall funds: Paxton fought. Texas won.”
The post comes as heavy equipment has moved into Big Bend National Park for work connected to the Trump administration’s border security project. Bulldozers have been documented near Santa Elena Canyon, while federal officials have said plans call for vehicle barriers, patrol roads and other infrastructure rather than a continuous 30-foot pedestrian wall through the national park.
The controversy has produced opposition from elected officials in both parties. Republican U.S. Sen. John Cornyn has raised concerns about construction affecting Big Bend and called for federal officials to consider alternatives that protect the park. Democrat James Talarico, who is running for the U.S. Senate, has also opposed construction that would damage the national park.
Paxton, by contrast, has a well-established record of fighting in court to keep border wall construction moving.
In 2021, Texas sued the Biden administration after President Joe Biden halted much of the border wall construction begun during President Donald Trump’s first administration and sought to redirect money Congress had appropriated for the project.
The litigation ultimately resulted in a federal injunction preventing the Biden administration from redirecting about $1.4 billion that Congress had appropriated for border barriers. U.S. District Judge Drew Tipton issued a preliminary injunction in March 2024 and later entered a final injunction.
Paxton celebrated the ruling as a victory for the wall.
“This is a final victory against Biden’s attempt to defund the border wall,” Paxton said in August 2024 after the administration allowed its deadline to appeal the final judgment to expire.
Paxton said the federal government would be required to use the appropriated money for its intended purpose.
His involvement did not end there.
In December 2024, Paxton returned to court amid reports that the outgoing Biden administration was selling unused border wall materials. He sought to stop additional sales and argued that disposing of materials purchased with money covered by the earlier injunction could violate the court’s order.
Later that month, the Biden administration agreed to an order preventing additional disposal of wall materials for 30 days, preserving them for the incoming Trump administration. Paxton’s office described the development as another victory for Trump’s border security agenda.
The Texas GOP is now explicitly promoting that history.
Its recent graphic features Paxton under the words “Victory after victory” and tells supporters that “Paxton fought” for border wall funds and “Texas won.”
That history has taken on new significance as the fight over border infrastructure moves into Big Bend National Park, one of the most environmentally and culturally sensitive stretches of the Texas-Mexico border.
Construction-related work is underway in the park as opposition grows over potential effects on the landscape, archaeological resources, wildlife and one of the most recognizable protected areas along the international boundary.
Paxton has not emerged as part of that opposition.
Instead, the public record shows an attorney general who repeatedly went to court to ensure that border wall money was spent, construction continued and wall materials remained available for the Trump administration.
And this week, Paxton’s own party is making sure Texas voters remember it.
