A US federal judge has declined to stop the Trump administration from moving ahead with plans to construct about 62 miles of border wall along a Native American reservation without the tribe’s approval.
US District Judge Richard Leon, sitting in Washington, DC, rejected a request by the Tohono O’odham Nation for an order halting construction on its 2.8-million-acre reservation.
The tribe had argued that the proposed wall would unlawfully encroach on its land and effectively alter the boundaries of its reservation without approval from Congress.
However, Leon ruled that the tribe had not demonstrated that the construction would change the reservation’s boundaries in a manner requiring congressional authorisation.
The judge also dismissed the claim that the planned barrier would constitute illegal trespassing on tribal territory.
“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.
The Tohono O’odham Nation strongly criticised the decision in a statement released on Friday, arguing that the ruling failed to adequately consider the potential impact of construction on its land and cultural heritage.
“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,” Chairman Verlon M. Jose said.
“The Nation will consider all possible options for moving forward, as this issue is simply too important to the O’odham.”
The tribe’s reservation stretches across the Sonoran Desert in Arizona and borders approximately 62 miles of the US-Mexico boundary. The Nation has more than 37,000 members, including thousands who reside in Mexico.
Attorneys representing the tribe had warned that construction could cause “significant devastation” across the reservation.
They specifically raised concerns about the destruction of mountain peaks regarded as sacred by the O’odham people.
Despite the ruling, the dispute is not necessarily over, as the tribe has indicated that it is considering its legal and other options to challenge the planned border construction.
