August 24, 2025.
The Tohono O’odham Nation is considering its next legal steps after a federal judge denied the Nation’s request to temporarily halt construction of a planned 62-mile border wall along its southern Arizona boundary with Mexico.
U.S. District Judge Richard Leon of the District of Columbia ruled that the Nation had not demonstrated that it was likely to succeed on its claims that the project would unlawfully diminish its reservation or constitute federal trespass. The ruling was issued August 13 and made public August 14.
At the center of the dispute is a 1907 proclamation by President Theodore Roosevelt that reserved a 60-foot strip along the U.S.-Mexico border for federal use. Leon concluded that the federal government has a strong legal basis for conducting the planned work within that area, which predates the establishment of the Tohono O’odham reservation in its current federal form.
The judge also found that the federal government’s interests in border security, immigration enforcement and public safety outweighed the harms the Nation demonstrated at this stage of the case.
Nation says critical issues remain unresolved.
Tohono O’odham Nation Chairman Verlon M. Jose said the Nation strongly disagrees with the decision and believes important issues were not adequately addressed.
“Too many critical issues were not adequately addressed,” Jose said following the ruling, pointing to the potential impacts on the Nation’s land and the permanent destruction of sacred sites. He said the Nation would consider all available options because of the importance of the issue to the O’odham people.
The Nation’s concerns extend beyond the physical wall itself. Tribal attorneys have argued that construction and associated roads and infrastructure could affect sacred places, religious practices, natural resources and connections between O’odham communities on both sides of the international boundary.
The Nation has previously pointed to damage to culturally significant sites in the border region as evidence of the risks posed by construction. The Nation’s official website reports that a sacred archaeological site known as the Las Playas Intaglio was damaged during border-wall-related work earlier this year.
What happens next.
The ruling does not end the Nation’s lawsuit. It denied the request for a preliminary injunction, meaning the federal government is not currently blocked by that injunction from proceeding with the project. The underlying legal claims remain in the case, and the Nation can continue pursuing them through the federal courts.
The Nation has publicly indicated that it is evaluating its legal options. In statements following the ruling, Chairman Jose said the Nation intends to continue examining ways to protect its interests and sovereignty.
The court’s decision also indicates that federal authorities must continue consultation with the Nation as the project moves forward. Tribal leaders have emphasized that consultation should meaningfully address the potential effects on O’odham lands, cultural resources and religious practices.
The Nation has also taken steps to reinforce its position concerning unauthorized activity on its reservation. Tribal officials have installed “No Trespassing” signs and have warned that unauthorized construction-related activity could result in enforcement by tribal law enforcement.
The federal government, meanwhile, maintains that it has the authority to construct border infrastructure in the disputed area. The Department of Homeland Security has said it values its relationship with the Nation and remains committed to communication and coordination with tribal officials during planning and construction.
A continuing sovereignty dispute.
The case raises broader questions about the relationship between federal border authority and tribal sovereignty.
The Tohono O’odham Nation occupies approximately 2.8 million acres in southern Arizona, with its ancestral communities extending across the modern U.S.-Mexico border. Approximately 62 miles of the Nation’s boundary lie along the international border.
For the Nation, the dispute is not simply about a physical barrier. Tribal officials say the project could affect cultural sites, religious practices, wildlife habitat and longstanding connections among O’odham communities.
For the federal government, the project is part of a broader border-security effort that includes physical barriers, roads and surveillance infrastructure.
For now, construction can proceed without the preliminary injunction sought by the Nation. But the underlying dispute over land, sovereignty, federal authority and protection of O’odham cultural resources is far from settled.
The Tohono O’odham Nation’s next steps could determine whether the dispute moves forward through additional federal court proceedings, an appeal or other legal and governmental avenues.
Editor’s note: The preliminary-injunction ruling is not a final determination of every claim in the Nation’s lawsuit. The Nation’s underlying legal challenge remains separate from the judge’s decision denying immediate injunctive relief.