A federal judge in Washington rejected the Tohono O’odham Nation’s request to pause the border wall construction adjacent to its reservation while the tribe pursues an appeal of a prior court defeat.
U.S. District Judge Richard J. Leon dismissed the tribe’s motion to halt the work, clearing the path for the government’s planned construction, which could begin as early as October 12, 2026.
After the judge denied a preliminary injunction in mid‑August, the tribe returned to ask him to keep the project on hold while the D.C. Circuit Court of Appeals reviews the case.
In his ruling, Judge Leon explained that the tribe did not satisfy the legal threshold for an injunction. He noted that, although the tribe’s arguments are “novel,” they fail to raise the “serious legal question[s]” needed to freeze the project before the appeal is resolved.
He added that the tribe’s trespass claims would stretch current tort law, and its contention that officials exceeded their authority would require a court to declare that the wall reduces reservation land,a precedent no court has ever set.
Balancing the government’s border‑security concerns with the tribe’s objections, Judge Leon observed that the government highlighted genuine safety issues, so the scales did not tip “so decisively” toward the tribe to warrant an intervention.
The tribe has already escalated the dispute to the appeals court, with briefing deadlines set for October 21 and oral arguments scheduled for December.
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