A federal judge has refused a bid by the Tohono O'odham nation to immediately block construction of 62 miles of new border wall along the reservation's southern boundary with Mexico.
In a new ruling, Judge Richard Leon rejected arguments that:
• A new border wall and the construction around it would amount to illegal trespassing on tribal lands;
• The move would effectively shrink the reservation without congressional approval;
• All of the land right down to the border belongs to the tribe despite a 1907 proclamation that reserves the first 60 feet for federal use.
But Leon, in an 18-page opinion, said that there's an even more compelling reason he said the tribe doesn't have a legal right to stop the planned double-layered 30 foot steel and concrete barrier which is now being planned. He said the needs of the United States to secure the border trump the tribe's concerns.
"Given the national security and foreign policy considerations related to the border wall, deference to the government is warranted,'' he said.
