A recent court ruling has approved the construction of a border wall in Arizona, despite objections from a Native American tribe. The Tohono O’odham Nation argued that the wall would infringe on tribal lands and effectively reduce the reservation’s size. However, Federal Judge Richard Leon highlighted a 1907 federal proclamation that permits federal use of the first 60 feet of the reservation.
Judge Leon emphasized national security and foreign policy issues, saying, “deference to the government is warranted.” This decision follows actions by contractors to replace smaller fortifications along the Colorado River in Yuma, Arizona.
The Tohono O’odham Nation had placed “no trespassing” signs in response to federal visits for construction planning. The reservation shares a 62-mile border with Mexico. The tribe warned on their Facebook page that law enforcement would remove any construction personnel from their land.
“ANY construction related activities to the illegal and destructive border wall be warned, informed of trespass and escorted off the Nation’s land by law enforcement,” the tribe stated.
President Theodore Roosevelt’s 1907 proclamation designated public land within 60 feet of an international boundary as under federal control. The aim was to curb smuggling between the U.S. and Mexico. The Tohono Nation was declared a reservation years later, in 1917.
This development is a victory for the federal government. It follows an administration period under President Donald Trump that achieved 15 months of zero border releases. Homeland Security Secretary Markwayne Mullin reported a 94% decrease in daily apprehensions compared to the previous administration, marking the lowest level in 30 years.
Mullin praised President Trump’s border security agenda, stating it prioritizes the safety of Americans. He concluded, “DHS remains focused on enforcing our immigration laws, securing the border, and ensuring those who enter our country illegally are removed swiftly.”
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