Border Wall Work Begins Near Tohono O’odham Nation Despite Objections

Contractors entered the Tohono O’odham Nation in southern Arizona on August 25 and began drilling, soil sampling and other pre-construction work for a federal border-wall project, according to tribal officials and regional reporting.

The crews worked at three locations near the border while roughly 20 armed and masked federal personnel guarded them, the Nation said. Tribal officials and KJZZ reported that a vehicle blockade prevented tribal police from removing the contractors. No physical confrontation was reported.

The activity moves the dispute from planning and litigation into an on-the-ground conflict over access, federal border authority, tribal sovereignty and protections for culturally significant land.

Work followed denial of preliminary injunction

Judge Richard Leon of the U.S. District Court for the District of Columbia signed an opinion on August 13, made public August 14, denying the Nation’s request for a preliminary injunction. The ruling allows the project to proceed while the broader lawsuit continues; it was not a final decision on all of the Nation’s claims.

At the preliminary stage, Leon found that the Nation was unlikely to succeed on its claims that the project would unlawfully diminish reservation boundaries or exceed federal authority. The court said the Roosevelt Reservation likely creates a 60-foot federal strip along the international border and noted that the government had not articulated plans to build outside that strip.

The Nation disputes that interpretation. Its officials say federal access across reservation land without tribal permission is trespassing and violates tribal law and sovereignty. Chairman Verlon Jose has said the Nation is considering an appeal and other legal steps.

Federal project covers part of Tucson Sector

The project is known as Tucson 5. In a July 21 Federal Register determination, the Department of Homeland Security identified a project area between Border Monuments 163 and 140 in the Tucson Sector and invoked authority under Section 102 of the Illegal Immigration Reform and Immigrant Responsibility Act to expedite barrier and road construction.

The determination waived or limited numerous legal requirements connected to the work, including provisions involving environmental review, historic preservation, archaeological resources, endangered species and other protections. The waiver supplies a legal framework for expedited federal work, but it does not by itself resolve the Nation’s dispute over access, tribal authority or the scope of the project.

Customs and Border Protection says the desert corridor is dangerous because of drug smuggling, human trafficking and migrant deaths, and that a barrier would close a longstanding security gap. Those are the agency’s stated security reasons, not findings independently adjudicated by the court.

Tribe cites sovereignty and cultural concerns

Tohono O’odham officials say the project violates tribal law and sovereignty and could damage culturally significant land and sacred sites. The Nation has also said contractors should obtain tribal permits before entering the area.

That position conflicts with the federal government’s claim that the work is confined to the Roosevelt Reservation, which federal officials treat as a strip under federal control. The court accepted that position as likely for purposes of the injunction request, but the underlying legal questions remain contested.

The court also said the government’s plans were not yet final and expected federal officials to follow through on promises of consultation and cooperation with the Nation. How that consultation occurs, and whether it changes the project’s design or access arrangements, remains unresolved.

What to watch next

KJZZ reported that the initial pre-construction phase was expected to last seven to 10 days. The next developments could include an appeal or other court action, additional orders affecting access, consultation with the Nation and more details about the final wall design.

Reports of cultural or environmental impacts could also become part of the continuing dispute. For now, the confirmed activity is preliminary field work, including drilling and soil sampling. A permanent wall has not been completed, and the litigation has not been resolved.

Sources

• Federal Register: DHS Arizona Section 102 Determination and Waiver
• Tohono O’odham Nation v. Mullin court opinion
• Associated Press reporting
• KJZZ Fronteras Desk reporting

Look for updates to this story

Related News

• States and Cities Sue to Block New Public-Charge Rule
• Federal judge blocks loyalty question for civil-service applicants
• Google Must Change Ad-Tech Tools, but Judge Rejects Breakup
• California Voter-Data Lawsuit Raises Civil-Rights Questions