A federal judge has cleared the way for border wall construction in Arizona, denying a legal challenge by the Tohono O’odham Nation. The tribe had argued that building the wall along its southern border with Mexico would constitute illegal trespassing on its lands and effectively shrink the reservation.
U.S. District Judge Richard Leon cited a 1907 proclamation by President Theodore Roosevelt in his ruling. The proclamation stated that public land within 60 feet of an international boundary falls under the exclusive control of the federal government, intended as a measure "as a protection against the smuggling of goods between the United States and the Republic of Mexico."
Leon noted that the Tohono O’odham Nation was not officially declared a reservation until 1917, after Roosevelt’s proclamation was issued. The judge determined that, given national security and foreign policy considerations, deference to the government's position was warranted.
Members of the Tohono O’odham Nation, whose reservation spans approximately 62 miles along the U.S.-Mexico border, had placed "no trespassing" signs on their land in response to federal workers surveying construction sites. The tribe had previously stated on social media that any construction-related activities would be met with law enforcement escorts off tribal land.
The ruling comes as the Trump administration highlights its border security efforts. The Department of Homeland Security stated that daily apprehensions at the border are down 94% compared to the Biden administration and are at their lowest level in three decades. Homeland Security Secretary Markwayne Mullin attributed these figures to President Trump's border security agenda, asserting that the border is the most secure in history.