A federal judge has allowed border wall construction in Arizona to move forward, rejecting an effort by a Native American tribe to stop the project on land along the U.S.-Mexico line.
The Tohono O’odham Nation argued that building the wall along the reservation’s southern boundary with Mexico would amount to unlawful trespassing on tribal land and would, in effect, reduce the size of the reservation.
In his ruling, Judge Richard Leon cited a 1907 federal proclamation that permitted the government to take control of the first 60 feet of the reservation for federal purposes.
“Given the national security and foreign policy considerations related to the border wall, deference to the government is warranted,” Leon wrote.
The dispute intensified after members of the Tohono O’odham Nation put up “no trespassing” signs in response to federal workers visiting border areas to survey potential construction sites.
The reservation shares approximately 62 miles of border with Mexico.
“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 wrote in an Aug. 8 post on Facebook.
Leon also referenced President Theodore Roosevelt’s 1907 proclamation, which declared that all public land within 60 feet of an international boundary falls under the federal government’s exclusive control.
The proclamation argued it was necessary “as a protection against the smuggling of goods between the United States and the Republic of Mexico.”
Leon further noted that the Tohono nation was not declared a reservation until 1917, after Roosevelt’s proclamation.
The legal win for the federal government comes after President Donald Trump’s administration celebrated 15 consecutive months of having zero border releases at the U.S.-Mexico border last week.
Homeland Security Secretary Markwayne Mullin’s office said daily apprehensions at the border are down 94% compared to former President Joe Biden’s administration and are at the lowest level seen in 30 years.
“Again this month, the results are clear: President Trump’s border security agenda is restoring order and putting the safety of the American people first,” Mullin said in a statement.
“DHS remains focused on enforcing our immigration laws, securing the border, and ensuring those who enter our country illegally are removed swiftly. Thanks to the strong leadership of President Trump, we have the most secure border in history,” he added.
