Arizona Federal Judge Acquits Border Wall Protester after Assertion of Religious Freedom Restoration Act Defense [Tohono O’Odham Lands]

Here are the materials in United States v. Ortega (D. Ariz.):

Quitobaquito Springs (NPS)

News coverage of the acquittal here.

Federal Court Denies Second Effort by La Posta Band of the Diegueño Mission Indians to Stop Trump Border Wall

Here are the new materials in La Posta Band of the Diegueño Mission Indians v. Trump (S.D. Cal.):

39 Amended Complaint

40-1 Second Motion for Injunction

47 Opposition

55 Reply

60 DCT Order

Update — 1/7/2021

64 Motion for Reconsideration

69 Response

72 DCT Order

Prior posts here, here, and here.

Ninth Circuit Materials in La Posta Band Challenge to Border Wall

Here are the briefs in La Posta Band of Diegueno Mission Indians of the La Posta Reservation v. Trump:

La Posta Band Opening Brief

US Answer Brief


And the oral argument video:

Here are the lower court materials.

Tribe Sues over Border Wall

Here is the complaint in La Posta Band of Diegueno Mission Indians of the La Posta Reservation v. Trump (S.D. Cal.):

1 Complaint


14-1 Motion for Injunction

21 Response

22 Reply

26 DCt Order

Border Wall and Indigenous Peoples

The U.N. Committee on the Elimination of Racial Discrimination (CERD), just issued an Early Warning and Urgent Action regarding the discriminatory impact of the construction of the border wall on indigenous peoples leaving in Texas. The petition was prepared by students at the Human Rights Clinic in collaboration with Dr. Margo Tamez (citizen of the Lipan Apache Band of Texas; Faculty of Indigenous Studies at the University of British Columbia Okanagan), in coordination with the Lipan Apache Women Defense, an Indigenous Peoples’ Organization (IPO), and members of the Lipan Apache Band.


Here is the letter from the UN CERD to the United States:

It is accessible at the bottom of this page, under the United States, 2013 ‘E’. >

Supreme Court Denies Cert in Border Wall Case

From NewsPirates (cert petition here):

border-fenceThe Supreme Court has refused to hear a challenge to the completion of the border fence between the US and Mexico, Fox News reports. Environmental groups, an Indian tribe, and the city of El Paso brought the challenge, contending that a fence will cut off access to the Rio Grande for religious, cultural, and municipal purposes. The Obama administration had encouraged the court to reject the case.
The petitioners also objected to the fence because its authorization, under then-Homeland Security chief Michael Chertoff, required Congress to waive federal, state, and local laws applying to the agency. “If allowed to stand,” the petitioners’ brief stated, the “order would constitute an unprecedented expansion of agency authority to preempt state and local law without clear congressional authority and without any oversight by any court.