Judge Allows Border Wall Construction on Tohono O’odham Land
A federal judge has refused to block the Trump administration from building a 62-mile border wall along the Tohono O’odham Nation’s reservation in southern Arizona, dealing a significant setback to the tribe’s efforts to halt construction on its sovereign lands. U.S. District Judge Richard Leon in Washington, D.C., denied the tribe’s request for a preliminary injunction, ruling that the government’s interests in border security outweigh the tribe’s concerns at this stage of the litigation.
The Ruling
In an 18-page opinion made public Friday, Leon rejected the tribe’s core legal arguments: that the wall would constitute illegal trespassing on tribal lands, that it would effectively shrink the reservation without congressional approval, and that the tribe holds title to all land down to the border. The judge wrote that the tribe had not established that a border wall would change its reservation boundaries without congressional authority, and he rejected the claim that the planned wall would illegally trespass on the reservation.
“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,” Leon wrote, as reported by AP News.
Leon, who was nominated to the bench by Republican President George W. Bush in 2002, noted that a preliminary injunction is an “extraordinary remedy” requiring the plaintiff to demonstrate likelihood of success on the merits, irreparable harm, balance of equities, and public interest.
The Roosevelt Reservation Dispute
The central legal question revolves around a 1907 proclamation by President Theodore Roosevelt that reserved a 60-foot strip of public land along the U.S.-Mexico border as a federal buffer zone. This “Roosevelt Reservation” was established a decade before Congress formally created the Tohono O’odham reservation in 1917.
The tribe argued that it held aboriginal title to the land before the Roosevelt Reservation was created, meaning the 60-foot strip could never have been considered “public lands.” But Leon rejected this argument, writing that “historical evidence casts doubt on plaintiff’s theory,” as detailed by the Arizona Daily Star.
The judge also noted that tribal officials in 2004 approved construction of a vehicle barrier within that zone, suggesting the tribe itself had effectively conceded the federal government’s right to operate within the 60-foot strip.
Tribe Vows to Fight On
Tohono O’odham Nation Chairman Verlon M. Jose issued a strongly worded statement Friday, expressing the tribe’s deep disappointment with the ruling.
“On behalf of the Tohono O’odham Nation, we strongly disagree with this ruling,” Jose said. “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 Nation will consider all possible options for moving forward, as this issue is simply too important to the O’odham,” as quoted by KOLD News 13.
Jose emphasized the cultural and spiritual stakes, saying the wall would “desecrate countless sacred areas, burial sites, and other important locations.” He cited recent damage to the 1,000-year-old Las Playas intaglio at Cabeza Prieta National Wildlife Refuge, the dynamiting of ancient burial sites at Monument Hill, and ongoing damage to Quitobaquito Springs as evidence of what construction has already done elsewhere.
“The proposed double wall on the Nation will have impacts much broader than the 60-foot limit cited in the ruling,” Jose said.
The tribe’s attorneys argued that construction would “fray the ties between O’odham communities and families on opposite sides of the border, interfere significantly with O’odham religious rituals and practices, and destroy plant and animal resources sacred to the O’odham,” according to Native News Online.
A Border Drawn Through Tribal Territory
The Tohono O’odham Nation’s 2.8-million-acre reservation in the Sonoran Desert abuts 62 miles of the U.S.-Mexico border. The tribe has more than 37,000 enrolled members, including approximately 2,000 who live in 17 O’odham communities in the Mexican state of Sonora.
The Gadsden Purchase of 1854 divided the tribe’s traditional territory, placing about half of it south of the new international border without the tribe’s input. Members continue to cross the border for sacred pilgrimages, ceremonies, and family visits, including an annual walking pilgrimage to Magdalena de Kino.
“The United States-Mexican border was drawn through the heart of our traditional territory, making it more difficult for us to visit our families, our cemeteries, our sacred places, our ceremonies,” Jose said, as reported by ICT.
Tribal Border Security Record
The tribe emphasizes that it supports border security and has worked with federal authorities for decades. Since 1974, the Nation has allowed federal border authorities to operate from permanent installations on its land. Customs and Border Protection has installed 160-foot surveillance towers at 10 sites since 2012, equipped with cameras, night vision, thermal sensors, and ground-sweeping radar.
The Nation also operates the Shadow Wolves, an all-Native tactical patrol unit under ICE, and spends approximately $3 million annually on border security. According to the tribe, its multilayered security system has reduced apprehensions of unauthorized border crossers by more than 95 percent, making a static 30-foot wall unnecessary.
“We believe in border security, to protect our people and to protect the United States,” Jose said, as reported by Cronkite News.
The Tucson 5 Project
The proposed project, known as the Tucson 5 wall project, would build approximately 62 miles of double-layered, 30-foot steel-and-concrete barrier along the tribe’s international boundary. The project includes primary and secondary steel bollard fencing, high-intensity lighting, and new patrol roads. SLSCO Ltd. is among the contractors identified in the project.
The Department of Homeland Security invoked Section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act to waive dozens of environmental and cultural protection laws, including the National Environmental Policy Act and the Endangered Species Act. The 2025 Big Beautiful Bill (HR 1) appropriated $46 billion to Customs and Border Protection for barrier installation and improvements.
DHS Defends Its Authority
DHS General Counsel James Percival praised the ruling, saying the administration respects tribal sovereignty “but not to the detriment of border security.” He added: “This wall is getting built. Our authority is beyond dispute,” as reported by VisaVerge.
DHS Secretary Markwayne Mullin, a citizen of the Cherokee Nation, has said he respects tribal sovereignty. The department issued a statement saying it “values its relationship with the Tohono O’odham Nation and remains focused on open communication and minimizing impacts.”
What’s Next
Friday’s ruling does not end the dispute. The tribe still has the option to seek a full trial on its claims, and Jose said the Nation will “consider all possible options for moving forward.”
“The judge’s opinion is the judge’s opinion,” Jose said. “And I think, at the end of the day, the law will rule.”
The tribe has already taken proactive measures, posting “No Trespassing” signs on tribal lands in early August warning border wall contractors against entering without authorization. The Nation’s No Wall campaign continues to document the fight and rally support.
The case is being closely watched for its potential implications for the relationship between federal border-security authority and tribal sovereignty. As construction preparations move forward, the broader legal questions—whether the federal government can build major infrastructure across a federally recognized reservation over the objection of the Tribal Nation that governs the land—remain unresolved.
For the Tohono O’odham Nation, the issue is ultimately about whether securing the U.S. border must come at the expense of protecting an Indigenous nation’s land, culture, and heritage.