Two Lipan Apache descendants, Hernandez and Andrew Austin, have launched a legal challenge against the federal government to halt border barrier construction in West Texas. The lawsuit targets surveying and building activities within Big Bend National Park and the surrounding Big Bend Sector.
The 31-acre Redford parcel and its historic legacy
The plaintiffs are fighting to protect a 31-acre riverfront property in Redford that holds significant archaeological and spiritual value. As the report notes, this specific site has been a State Archeological Landmark and was listed on the National Register of Historic Places in 1976. The land contains ancient burn pits, pottery shards, and fragments of adobe buildings that the plaintiffs argue are directly threatened by the encroaching border barrier.
For the plaintiffs, this Redford site is more than just a collection of artifacts; it is a connection to an ancestral past. They contend that the physical presence of a border barrier would disrupt the integrity of this historic landscape, potentially destroying the very evidence of the Lipan Apache lineage that they seek to preserve.
Protecting the willow and sweat lodges of West Texas
Beyond the physical artifacts , the construction threatens the spiritual ecology of the Big Bend region. Hernandez, the director of People of La Junta,emphasizes that the local river is essential for coming-of-age ceremonies and the harvesting of willow. This willow is a critical component in constructing the sweat lodges used for fundamental Indigenous ceremonies held throughout the region.
The lawsuit, as reported, argues that the construction of these barriers will physically alter or restrict access to sites used for prayer, gathering,and traditional religious practices. The plaintiffs view the land and the river not merely as resources, but as living beings and relatives. They claim that by obstructing access to these ecosystems, the federal government is substantially burdening their ability to practice religious funeral rites and visit sacred gravesites.
Legal action against DHS Secretary Markwayne Mullin and CBP
The legal team, led by Texas State Senator Roland Gutierrez and prominent Houston lawyer Dick DeGuerin, has named several high-ranking officials in the suit. The defendants include Department of Homeland Security (DHS) Secretary Markwayne Mullin, CBP Commissioner Rodney Scott, and Big Bend Sector Border Patrol Chief Lloyd M. Easterling. The plaintiffs allege that the actions of the DHS and CBP violate both the Religious Freedom Restoration Act and the American Indian Religious Freedom Act.
By naming specific leaders like Mullin and Scott, the lawsuit places the responsibility for these potential religious violations directly on the heads of the agencies managing the Big Bend Sector . The legal challenge seeks an immediate halt to all construction and surveying activities that could interfere with these protected spiritual practices.
The question of federal recognition for the Lipan Apache
A significant unanswered question in this legal battle involves the current official status of the Lipan Apache Tribe of Texas. While Hernandez is a member of the tribe, the source notes that the group is not currently a federally recognized tribe, though it has held that status in the past. this distinction may create a complex legal hurdle when arguing for protections under federal laws specifically designed for recognized Indigenous nations.
It remains unclear how the DHS or CBP will respond to these specific allegations of religious interference, or whether the government will acknowledge the cultural heritage claims of a non-federally recognized group. The outcome of this case could set a major precedent for how border security infrastructure interacts with the religious rights of Indigenous communities in the American West.
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