Tohono Nation Files Lawsuit Over Plans to Take Tribal Land for Border Wall

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Border Wall contractors bulldozing saguaro cactus near Ajo, Arizona.

Tohono Nation Files Lawsuit Over Plans to Take Tribal Land for Border Wall

By Brenda Norrell, Censored News, June 17, 2026

The Tohono O'odham Nation filed a federal lawsuit to halt the seizure of tribal land for the border wall, pointing out that the United States government is disregarding tribal sovereignty and construction will destroy sacred sites and impact ceremonies and religious practices.

"The Nation has not consented to the construction of a border wall or associated infrastructure across its Reservation," the Tohono O'odham Nation said in the lawsuit.

The Tohono O'odham Nation said the construction would destroy petroglyphs that are "perpetual prayers," block ancient trails and disrupt the lives of O'odham families who live on both sides of the border.

"The construction of the border wall and associated infrastructure will severely disrupt the Nation’s cross-border community and family ties. It will destroy sacred peaks upon which the O’odham have prayed for generations. It will destroy petroglyphs that constitute “perpetual prayers," the lawsuit states.

"It will destroy access to specific Saguaro cacti that O’odham communities and their ancestors have used for generations," the lawsuit states.

Tohono O'odham Nation Vice Chairwoman Carla Johnson said today that the Department of Homeland Security contractors will be trespassing if their plans proceed. Johnson said U.S. Border Patrol and Customs is expected to be given the contract in the next few weeks.

The Tohono O'odham Nation lawsuit points out the destruction, and the fact that O'odham cross the border for ceremonies and to visit their families. 

"Construction of the border wall and associated infrastructure will require the blasting and grading of mountain peaks that lie in the wall’s path, and the building of miles of access roads and multiple staging yards (complete with concrete batching plants) that will stretch far inland from the border, all of which will be done in trespass and have a permanent, scarring impact on Reservation lands."

"Nation members cross the border for festivals, ceremonies, and other traditional cultural gatherings that bring O’odham communities together."

"The Nation has long formally recognized and supported the Mexican O’odham community’s traditional form of government."

Attorneys for the Tohono O'odham Nation also filed for a preliminary injunction to halt the contracts for construction of the border wall on the Tohono O'odham Nation on June 17, 2026.

https://www.tonation-nsn.gov/nowall/ In a video address, Tohono O'odham Nation Vice Chairwoman Carla Johnson said today, June 17, 2026, that the Department of Homeland Security contractors will be trespassing if their plans proceed. The border wall construction contract is expected to be awarded to U.S. Border Patrol and Customs in the next few weeks.

The border wall construction has already caused destruction, as witnessed with the blasting of the thousand-year-old Las Playas Instaglio and the dynamiting of areas near sacred Quitobaquito Springs, the tribe said.

Today, the tribe points out that the Tohono O'odham Nation is a sovereign, federally-recognized tribe, with 37,000 enrolled members. O'odham have inhabited this region since time immemorial. The Nation has approximately 62 miles of international border with Mexico and has been on the front lines of border issues since 1854. For decades, the Nation has cooperated with federal border security measures, while opposing a wall on its lands.

A spokesman for U.S. Homeland Security said that Markwayne Mullin, the agency secretary, is a citizen of the Cherokee Nation "and made clear during his confirmation hearing that he respects tribal sovereignty.''

"DHS is committed to ongoing coordination with stakeholders, including tribal nations, throughout planning and construction activities,'' the statement said. "DHS values its relationship with the Tohono O’odham Nation and remains focused on open communication and minimizing impacts.''

The Tohono O'odham Lawsuit and Attorneys

"The Tohono O’odham Nation has filed a lawsuit against the U.S. Department of Homeland Security to prevent the Department from taking its reservation land and water to construct a border wall," the tribe said.

The lawsuit was filed in U.S. District Court for the District of Columbia (Case 1:26-cv-02127) against the U.S. Department of Homeland Security (DHS), Secretary Markwayne Mullin, CBP Commissioner Rodney Scott, and U.S. Border Patrol Chief Rosario Vasquez.

Attorneys representing the Tohono O'odham Nation are Howard Shanker, Riyaz Kanji, and Phillip Tinker, all with experience in Indian country litigation on land rights and environmental issues.

Howard Shanker, the lead attorney for the Tohono O'odham Nation, previously filed a federal lawsuit on the tribe's behalf against Deb Haaland's Department of Interior for bulldozing ancient village sites and medicine grounds for the SunZia wind project that Haaland promoted.

Shanker also represented tribes in the San Francisco Peaks federal lawsuit to protect the Sacred Mountain from Snowbowl ski resort's reclaimed wastewater for snowmaking. 

Below: Attorneys for the Tohono O'odham Nation filed for a preliminary injunction to halt the seizure of sovereign tribal land for the border wall on June 17, 2026.

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