Overview:
The Tohono O'odham Nation argued in federal court that the Department of Homeland Security's planned border wall on its reservation violates Tribal sovereignty, unlawfully encroaches on Tribal lands, and is unnecessary given the Nation's successful border security partnership with federal authorities.
A federal district court in Washingotn, D.C. on Wednesday heard arguments in the Tohono O’odham Nation’s lawsuit challenging the U.S. Department of Homeland Security’s plan to construct additional border wall segments across the Nation’s reservation along the U.S.-Mexico border.
The Tohono O’odham Nation, a federally recognized tribe with more than 37,000 enrolled members, has a 62-mile international border with Mexico. Tribal leaders argue that the proposed border wall would unlawfully diminish the reservation’s boundaries, infringe on the Nation’s sovereign rights, and result in unauthorized construction on Tribal lands.
During the hearing before U.S. District Judge Richard Leon, attorneys representing the Nation argued that the project would constitute trespass on Tribal lands and violate the Nation’s exclusive rights to use and manage its reservation and natural resources. After hearing arguments from both sides, Judge Leon requested additional information from both the Nation and the Department of Homeland Security before making a ruling.
“I want to thank the court for treating this issue with the urgency and seriousness it deserves,” Tohono O’odham Nation Chairman Verlon M. Jose said in a statement. “The Nation’s attorneys made a strong case for why this border wall construction would be illegal on our reservation and should not be allowed to move forward. We are happy to provide more information per Judge Leon’s request, and we are hopeful for a positive outcome as the court applies the law.”
The lawsuit comes despite the Nation’s longstanding cooperation with federal agencies on border security. For decades, the Tohono O’odham Nation has worked with U.S. Customs and Border Protection and other federal law enforcement agencies to secure the international border that runs through its reservation.
According to the Nation, it has authorized extensive federal law enforcement operations and surveillance technologies along its border, while its own police department works in partnership with the U.S. Border Patrol. Tribal officials also say the Nation spends millions of dollars annually to support border security efforts.
The Nation contends these collaborative measures have been effective, noting that apprehensions of people crossing the border illegally have declined by more than 95 percent over the past two years.
Tribal leaders argue that those successful enforcement strategies make additional border wall construction unnecessary. They maintain that a wall would damage environmentally sensitive areas, disturb sacred and burial sites, further divide O’odham communities whose traditional homelands extend across the international border, and impose significant costs on taxpayers.
The lawsuit seeks to halt construction of the proposed wall on the reservation, with the Nation asserting that existing border security efforts provide a more effective and less harmful approach than additional physical barriers.
