Tohono O'odham Nation Denied Injunction to Halt Border Wall

Tohono O'odham Nation Denied Injunction to Halt Border Wall

Photo courtesy tree sitters in Lochiel, Arizona

By Brenda Norrell, Censored News, August 15, 2026

The Tohono O'odham Nation was denied an injunction to halt construction of the border wall on Friday by a federal judge who ruled the government's interests outweigh other possible harms. The judge failed to uphold the tribe's right to their land and to protect it from being diminished by the border wall. Further, the judge ruled that the border wall would not be illegal trespass.

"We strongly disagree with this ruling and are considering all possible options for moving forward," Chairman Verlon Jose and Vice Chairwoman Carla Johnson said in a statement.

"The primary concern is that the court did not adequately address many critical issues that the construction of a border wall will have on our Nation, our people, our land our culture. It is imperative that these concerns be addressed before any construction or pre-construction activities are done by the federal government on our land."

"As the nation's executive leadership, working with the Legislative Council, we have a responsibility to fight for our people, our land, and our culture, our sovereign rights as a Nation and the lands we have inhabited since time immemorial."

Pointing out that the border wall will destroy sacred sites, damage the environment and further separate O'odham, tribal leaders said sacred places have already been desecrated.

"We have seen this happen to our traditional lands outside our reservation, the Las Playas, Intaglio, Quitobaquito Springs, Monument Hill and countless others. In many of these cases, federal authorities were aware these were protected areas, but they were still desecrated."

U.S. District Judge Richard Leon in Washington, D.C., ruled the tribe hasn't established that a border wall will change its reservation boundaries without congressional authority, AP reports.

The judge also rejected the tribe's claim that the planned border wall would illegally trespass on its 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,” Judge Leon wrote.

"Given the national security and foreign policy considerations related to the border wall, deference to the government is warranted,'' he wrote.

After rejecting the Tohono O'doham Nation's arguments, Judge Leon said in his closing remarks in the order that he expects the government to follow through with consultation and cooperation with the Tohono O'odham Nation.

"The international border is an area of great significance to both the United States and to the Nation. While I have concluded that a preliminary injunction is unwarranted, I fully expect the Government in the months ahead to follow through on its guarantees of consultation and cooperation with the Nation to address the Nation's concerns regarding border wall construction!"

Judge Leon said that some of the environmental and First Amendment issues could be mitigated. This includes the addition of crossing gates for O'odham to pass through, referring to the fact that O'odham live on both sides of the international border.

In addition, the judge said a 60 foot stretch of land known as the Roosevelt Reservation "likely exists" along the border of the Tohono O'odham Nation. He said  there is no indication that the border wall will be built beyond the 60 feet.

Judge Leon was referring to the Roosevelt Reservation, established by a presidential proclamation of President Theodore Roosevelt in 1907. The 60-foot-wide strip was established as a buffer zone to prevent drug smuggling. The federal government claims the 60 mile stretch in California, Arizona and New Mexico belongs to the government.

Judge Leon also wrote in the decision, "To fast-track border construction, Congress authorized the Secretary to 'waive all legal requirements ... necessary to ensure expeditious construction of the barriers and roads under this section.'"

Building the border wall would led to “significant devastation” on the reservation, including the destruction of mountain peaks that are sacred to the O’odham, tribe attorneys said.

“It 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,” the lawyers wrote.

Federal Judge's Ruling Excerpt

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