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A federal judge in Arizona cleared the path for border wall construction in the state after a Native American tribe attempted to block its construction.
The Tohono O’odham Nation had argued that constructing the border wall along its southern border with Mexico would constitute illegal trespassing on tribal lands as well as effectively shrink the reservation.
Judge Richard Leon noted in his ruling a federal proclamation in 1907 that the first 60 feet of the reservation could be taken for federal use.
“Given the national security and foreign policy considerations related to the border wall, deference to the government is warranted,” he said.
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Contractors erect a section of border wall, replacing smaller fortifications, Tuesday, Sept. 10, 2019, along the Colorado River in Yuma, Arizona.
Members of the Tohono O’odham Nation had erected “no trespassing” signs in reaction to federal workers visiting the border sites to scope out construction.
The reservation’s shared border with Mexico extends roughly 62 miles.
“ANY construction related activities to the illegal and destructive border wall be warned, informed of trespass and escorted off the Nation’s land by law enforcement,” the tribe wrote on its Facebook page on Aug. 8.
Judge Leon pointed to a proclamation by President Theodore Roosevelt in 1907 stating that all public land within 60 feet of an international boundary is under the exclusive control of the federal government.
U.S. President Theodore Roosevelt at his Washington D.C. office on Feb. 10, 1903. (History Archive/Universal Images Group via Getty Images)
The proclamation argued it was necessary “as a protection against the smuggling of goods between the United States and the Republic of Mexico.”
Leon further noted that the Tohono nation was not declared a reservation until 1917, after Roosevelt’s proclamation.
The legal win for for the federal government comes after President Donald Trump’s administration celebrated 15 consecutive months of having zero border releases at the U.S.-Mexico border last week.
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Homeland Security Secretary Markwayne Mullin’s office said daily apprehensions at the border are down 94% compared to former President Joe Biden’s administration and are at the lowest level seen in 30 years.
Homeland Security Secretary Markwayne Mullin addressed governors on immigration policy before facing criticism over comments about legal immigration reform. (Jim Lo Scalzo/EPA/Bloomberg/Getty Image)
“Again this month, the results are clear: President Trump’s border security agenda is restoring order and putting the safety of the American people first,” Mullin said in a statement.
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“DHS remains focused on enforcing our immigration laws, securing the border, and ensuring those who enter our country illegally are removed swiftly. Thanks to the strong leadership of President Trump, we have the most secure border in history,” he added.
