The Texas Land Commissioner, Dawn Buckingham, issued a cease and desist letter on Friday to Customs and Border Protection (CBP) and federal contractor Barnard Construction, accusing them of unlawfully clearing land managed by the state in Presidio County, located along the U.S.-Mexico border.
This action follows a lawsuit filed by the city of Presidio and the local economic development organization against the Trump administration, claiming that the federal government’s plans to install border barriers and detection technology along the Rio Grande would harm local communities and exacerbate flooding in the Big Bend region.
In her letter, Buckingham asserted that Barnard Construction had trespassed and made significant alterations to the land by utilizing heavy machinery to clear the area and remove all vegetation. Photographs provided by the General Land Office (GLO) depict land that has been disturbed and compacted by excavators, though the specific purpose for this land clearing remains unclear.
“This is not merely a border security issue; it pertains to the sovereignty of the state of Texas. It is entirely unacceptable for any federal contractor to intrude upon and damage Texas state lands,” Buckingham stated in a written announcement. “As the steward of over 13 million acres, I am obligated to protect the interests of Texas residents and the authority they hold over their state lands from any encroachment, and I will not apologize for this duty.”
The controversy surrounding the proposed CBP expansions in Presidio County has intensified in recent weeks, with local residents banding together to oppose the border wall. Numerous landowners in the area have received correspondence from CBP throughout the year, encouraging them to grant contractors access to their properties or face potential loss through eminent domain proceedings.
In her letter, Buckingham highlighted that Barnard had illegally accessed three separate sections of land, which are part of a 10,000-acre hunting, recreational, and grazing lease held by Trans Pecos Ice LLC, a property management entity overseen by the GLO.
She pointed out that the actions of Barnard had diminished the value of the GLO’s lease and its capacity to generate revenue. The GLO manages 13 million acres of land, including leases that contribute financially to the Permanent School Fund.
“I am dedicated to fostering a positive relationship with CBP; however, we will not permit any rogue entities that violate our agreements to undermine the vital work we conduct for Texas,” Buckingham declared in a news release.
The letter specified that while Trans Pecos may have granted Barnard permission to traverse GLO lands to access other sections of the border owned privately by Barnard, any modifications to state land are prohibited under the lease agreement. Barnard Construction, a Montana-based firm with ties to a donor of former President Donald Trump, has been awarded multiple federal contracts amounting to billions for border wall construction.
“We are currently investigating the extent of the communications between Trans Pecos and Barnard. Nonetheless, the lease does not permit any alterations, excavation, or construction on the property without explicit written consent from the GLO, which has not been provided to Trans Pecos, Barnard, or CBP,” the letter stated.
Local reports have previously indicated a collaboration between Barnard and Trans Pecos to construct the wall on the latter’s border land across Presidio, Jeff Davis, and Hudspeth counties, where the financial organization has soil leases from the GLO.
A spokesperson for CBP stated on Friday evening that the agency is aware of the situation and emphasized that it is the contractor’s responsibility to confirm their legal access to the property.
“CBP values its partnership with the Texas GLO, and we are actively working to resolve this matter with the contractor and the Texas GLO to prevent any future occurrences,” the spokesperson remarked.
Requests for comment from Barnard were not immediately answered. The GLO has also reached out to Benjamin Siddons and Ryan Seiders, the registered agent and manager of Trans Pecos respectively, but has yet to receive a response. Seiders is also known as a co-founder of the popular cooler brand Yeti.
The GLO has reported that no responses have been received from CBP, Barnard, or Trans Pecos as of yet. The agency has not provided details regarding the nature of the project being developed by CBP on the land in question.
In her letter, Buckingham urged CBP, Barnard, and Trans Pecos to restore the land to its original condition and to submit a proposed reclamation plan for GLO approval.
