A federal judge in Arizona has cleared the way for border wall construction in the state, rejecting a challenge from the Tohono O'odham Nation. The tribe had argued that building the wall along its border with Mexico would constitute illegal trespassing on tribal lands and effectively shrink the reservation.
Judge Richard Leon's ruling referenced a 1907 federal proclamation by President Theodore Roosevelt that designated the first 60 feet of land along the international boundary for federal use. Leon stated that "Given the national security and foreign policy considerations related to the border wall, deference to the government is warranted."
The Tohono O'odham Nation, whose reservation borders Mexico for approximately 62 miles, had posted "no trespassing" signs in response to federal workers surveying construction sites. The tribe maintained that any construction-related activities would be considered trespass.
Leon noted that President Roosevelt's proclamation was issued in 1907 to protect against smuggling, and the Tohono O'odham Nation was not officially declared a reservation until 1917, after the proclamation was made.
The Department of Homeland Security has stated that the primary border wall, extending from the Pacific to the Gulf of Mexico, is on track for completion next year, with all associated contracts expected to be awarded by the end of the current month. According to Homeland Security Secretary Markwayne Mullin, daily apprehensions at the border have decreased significantly compared to the Biden administration, reaching their lowest point in 30 years. Mullin attributed these results to the border security agenda implemented under former President Donald Trump. Mullin stated, "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."