$9 billion in federal contracts to a company whose previous wall was at risk of collapse and violated an international treaty.
The Contracts
The federal government has awarded Fisher Sand & Gravel over $9 billion in border wall construction contracts. Fisher and one other company, Montana-based Barnard Construction, together hold nearly $14 billion in contracts. That is 73% of all border wall contract value, out of 11 prequalified vendors.
The contracts come from a $46.5 billion border wall fund created by the One Big Beautiful Bill Act. They cover wall construction across El Paso, Laredo, Del Rio, the Rio Grande Valley, and the Big Bend region of Texas, including areas near Big Bend National Park.
Fisher’s Track Record
During Trump’s first term, Fisher Sand & Gravel built a 3-mile stretch of wall in South Texas funded by the conservative nonprofit We Build the Wall. The project was a documented failure.
- A 404-page federal inspection report by engineering firm Arcadis warned the wall could collapse during flooding. The DOJ tried to hide the report for over a year.
- The International Boundary and Water Commission sued Fisher for violating a binational water treaty with Mexico. Foundation depths were too shallow. Erosion gullies opened under the footings.
- Fisher settled in 2022, agreeing to 15 years of inspections, a $3 million bond, and repairs for any bollards leaning more than 6 degrees. The settlement required Fisher to destroy all copies of the Arcadis report.
- Four leaders of the We Build the Wall nonprofit were arrested on fraud charges. Three were convicted and sentenced. Trump pardoned Steve Bannon, who sat on the nonprofit’s board.
Trump himself called the project a failure during his first term: “I disagreed with doing this very small (tiny) section of wall, in a tricky area.”
Now the same company has $9 billion in new contracts.
The Transparency Problem
DHS Secretary Kristi Noem waived dozens of federal laws regulating financial transparency and competitive bidding for the entire 1,954-mile southern border. This was the first time in U.S. history these waivers applied to the full border.
CBP’s online contract tracking map changed dramatically after journalists began reporting on Big Bend projects. The map was briefly removed, then reappeared showing “vehicle barriers” and “patrol roads” instead of steel walls within park boundaries.
The Lawsuit
On May 13, New York-based Posillico Civil Inc. sued the administration in the U.S. Court of Federal Claims. The lawsuit alleges:
- CBP awarded 73% of contract value to two companies without genuine competitive opportunities
- Posillico spent significant resources preparing bids for solicitations that were not competitive
- CBP changed project scope mid-process without disclosing the changes to all bidders
The Center for Biological Diversity filed two additional lawsuits in May over FOIA failures and DHS authority to waive congressional laws.
Federal contract law expert Charles Tiefer told ProPublica that DHS is “picking contractors for loyalty” rather than best value. Project on Government Oversight general counsel Scott Amey said the administration “has decided that the rules don’t really apply.”
What you can do
- Tell your senators to demand competitive bidding oversight. $46.5 billion in taxpayer money should not go to politically connected contractors with documented construction failures.
- Read the full investigation at ProPublica and The Texas Tribune.
Read more on the Ethics and Corruption hub and our coverage of the One Big Beautiful Bill.