The Tohono O’odham Border Wall Fight Escalates after Denial of Request for Prelim Injunction

In US District Judge Richard Leon’s August 13 decision denying TO’s request for a preliminary injunction to stop construction the border wall on its reservation, he said:

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!

But TO reported that on August 25 at about 4 am, roughly 20 masked and armed Customs and Border Protection agents, plus border wall contractors, BIA law enforcement personnel, and a CBP BORTAC SWAT team entered TO lands. Work immediately began with soil sampling and other activities. TO reported that CBP used a vehicle blockade to prevent TO police from removing or citing the contractors.

Also, on Friday, August 28, TO asked the district court to stay its ruling while it appeals to the D.C. Circuit.

Additional Reading

Tohono O’odham Nation Public Service Announcement, Armed Federal Agents and Contractors Enter Tohono O’odham Nation Land, August 25, 2026

“We will not let this destroy our sacred sites”: Indigenous leaders fight Trump administration’s border wall, Stephanie Casanova, August 28, 2026 for Arizona Luminaria

Use of masked agents on Tohono O’odham land sparks Native outrage at Cherokee DHS chief Markwayne Mullin, Eileen Mamaghani and Ellis Preston, August 28, 2026 for Cronkite News 

Rep. Grijalva, Ruiz Call for Immediate Halt to Border Wall Construction on Tribal Lands, August 25, 2026

GAO Report, Southwest Border: Additional Actions Needed to Address Cultural and Natural Resource Impacts from Barrier Construction, Sept. 2023

Border wall on east end of Tohono O’odham lands