Judge Denies Tohono O’odham Nation’s Request to Halt Border Wall Construction
A federal judge in Washington, D.C., has decided against stopping the Trump administration’s plans to construct 62 miles of border wall on the Tohono O’odham Nation’s land. The tribe’s attempt to secure a court injunction was rejected, as the judge determined that the wall would not alter the reservation’s boundaries without congressional approval.
U.S. District Judge Richard Leon ruled that the tribe did not provide sufficient evidence to prove that the wall would illegally intrude on their land. In his judgment, Leon emphasized, “And in any event, I find that the Government’s interests in securing the border, enforcing immigration laws, and ensuring public safety outweigh any surviving irreparable harms at this juncture.”
The decision was met with disappointment from the Tohono O’odham Nation. Chairman Verlon M. Jose expressed concerns about unresolved issues, stating, “Too many critical issues were not adequately addressed, such as inevitable impacts construction will have on the Nation’s land and the permanent destruction of sacred sites.”
The reservation, located in Arizona’s Sonoran Desert, borders Mexico for 62 miles and is home to over 37,000 members, many of whom reside in Mexico. The tribe’s attorneys argue that the proposed wall could cause “significant devastation” to sacred sites and disrupt cultural practices.
The origins of the contested land date back to 1907 when President Theodore Roosevelt designated a 60-foot strip along the U.S.-Mexico border as the “Roosevelt Reservation.” Tribe attorneys argue it is unrealistic to restrict construction to this narrow corridor.
During a hearing on July 22, Judge Leon expressed doubt about the likelihood of the tribe’s success in court, referring to the request for a preliminary injunction as “extraordinary” and noting the uniqueness of the case.
For more details, read the full court document here.
