Trump Administration Faces Scrutiny Over Billion-Dollar Border Wall Contracts in Texas

The Trump administration is facing renewed scrutiny over its handling of border wall contracts in Texas, where nearly $14 billion in federal funding has been awarded to just two construction firms despite concerns over transparency, fairness and past controversies tied to shoddy construction and legal violations.

The controversy centers on a lawsuit filed by Posillico Civil Inc., a New York-based construction company, in the Court of Federal Claims on May 13. The suit alleges that the administration awarded 73% of the value of border wall contracts—totaling nearly $14 billion—to just two firms: Fisher Sand & Gravel (based in North Dakota) and Barnard Construction (based in Montana). The contracts cover projects in El Paso, Laredo, Del Rio, and the Rio Grande Valley, as well as a $1.2 billion project in the Big Bend region, where residents have long protested the lack of clarity around federal plans.

Critics argue the process raises red flags about no-bid contracts, waived procurement rules, and a pattern of favoring contractors with political ties. The administration has defended the awards, citing the need for rapid construction to fulfill President Trump’s campaign promise of securing the border. However, the lawsuit and accompanying reports suggest a system where competition was sidelined in favor of speed and loyalty—a departure from standard federal contracting practices.

Controversial Contracts and Political Connections

The lawsuit highlights how Fisher Sand & Gravel—a company with a history of legal troubles tied to border wall projects—has secured over $9 billion in new contracts, including the $1.2 billion Big Bend project. The firm’s past work has been marred by allegations of shoddy construction, erosion risks, and violations of environmental and treaty obligations.

In 2019, the International Boundary and Water Commission (IBWC) filed a lawsuit against Fisher for violating a binational water treaty after the company constructed fencing in South Texas. A subsequent investigation by ProPublica and The Texas Tribune found that a 3-mile stretch of Fisher’s border wall was at risk of collapse. The company also built a segment in Sunland Park, New Mexico, without following proper procedures—both projects linked to We Build the Wall, a conservative nonprofit whose leaders, including former Trump strategist Steve Bannon, were later convicted of fraud.

Despite these controversies, Fisher’s firm continues to dominate border wall contracts. The lawsuit alleges that the Trump administration’s Department of Homeland Security (DHS) waived dozens of federal procurement laws—an unprecedented move—to accelerate construction along the entire 1,954-mile U.S.-Mexico border. These waivers, signed by then-Secretary Kristi Noem, removed requirements for transparency and competition, leaving residents and watchdog groups in the dark about project details.

“DHS is picking contractors for loyalty and from confidence that they will do its bidding, rather than, as every other administration has done, picking contractors for best value.”

Lack of Transparency and Legal Challenges

The administration’s opacity has sparked multiple legal challenges. The Center for Biological Diversity filed two lawsuits in federal court this spring, demanding documents related to the Big Bend project and challenging DHS’s authority to waive laws without congressional approval. The government has not yet responded, with deadlines set for early June.

In the Posillico lawsuit, the company claims it incurred “substantial bid preparation and proposal costs” after submitting detailed plans for federal solicitations that were not genuine competitive opportunities. The lawsuit also alleges that the scope of work for some contracts—such as requiring cattle fencing and cattle guards in the Big Bend project—was expanded after bids were submitted, putting Posillico at a disadvantage.

Residents in the Big Bend region, including those near Big Bend National Park, have relied on an online map posted by U.S. Customs and Border Protection (CBP) to track contract awards. However, the map has been inconsistent: it was briefly taken down amid protests over potential wall construction within the park, only to be restored showing a mix of “vehicle barriers” and “patrol roads” instead of steel walls. Fisher Sand & Gravel is now slated to build a project in adjacent Big Bend Ranch State Park, though no detailed plans have been released.

Landowners in the area are preparing for eminent domain challenges, while a pecan farm near the ranching community of Lobo has begun clearing land for a 500-person construction camp, raising concerns about water usage and environmental impact.

Broader Concerns Over Cost and Ethics

Experts warn that the Trump administration’s approach to border wall contracts raises serious questions about cost efficiency, ethics, and accountability. Scott Amey, general counsel at the Project on Government Oversight, noted that border wall procurement has long been controversial due to the political connections of some contractors and the lack of oversight.

“There’s a cost, and ethics and contracting questions that all come up whenever you mention anything with the border wall.”

During Trump’s first term, a 2020 investigation by ProPublica and The Texas Tribune revealed that the government awarded contracts before acquiring land titles, leading to millions in delays and cost overruns. The administration has since secured an additional $46.5 billion for border wall construction in 2025, funded by the One Big Attractive Bill Act.

The White House and CBP have declined to provide detailed explanations for the contract awards. A CBP spokesperson stated in a written response that contracts are based on “qualifications to perform the work in a timely manner and at prices deemed fair and reasonable”, though neither CBP nor DHS has an official affiliation with We Build the Wall. Fisher Sand & Gravel and Barnard Construction did not respond to requests for comment.

What Happens Next?

The Posillico lawsuit remains pending in the Court of Federal Claims, with DHS having already moved to seal key documents, including depositions and affidavits. The case could set a precedent for future border wall procurement, particularly if it forces the administration to justify its reliance on waivers and lack of transparency.

Meanwhile, the Center for Biological Diversity’s lawsuits over Freedom of Information Act (FOIA) requests and the legality of DHS’s waivers are approaching deadlines in early June. The outcomes of these cases could determine whether residents and watchdog groups gain greater access to information about the administration’s border infrastructure plans.

This story is developing. For updates on the Posillico lawsuit, the Center for Biological Diversity’s FOIA challenges, and further details on border wall contracts, check back with World Today Journal.

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