AZ Governor Hobbs Sides With Tohono O’odham Against United States Gov’t In Bid To Pause Border Wall Project 

Arizona Democratic Gov. Katie Hobbs is supporting the Tohono O’odham Nation’s effort to pause a planned 62-mile border wall project while its legal challenge proceeds, arguing that continued work could damage cultural resources before the dispute is resolved.

In a filing described by KJZZ’s Sept. 25 report, attorney Justin Cox urged the U.S. Court of Appeals for the District of Columbia Circuit to halt work. Hobbs is seeking temporary relief without taking a position on the underlying ownership dispute over the land where the barriers would be built.

“Arizona’s own record demonstrates that vigorous border security does not require disregarding tribal sovereignty,” Cox wrote on Hobbs’ behalf, according to KJZZ. kjzz.org

The governor’s position follows California Globe’s August reporting on U.S. District Judge Richard J. Leon’s denial of the Nation’s preliminary-injunction request. His Aug. 14 ruling addressed whether construction should be blocked at that stage of the litigation. It did not constitute a final decision on the lawsuit’s merits. 

As California Globe reported in June, the Nation sued federal homeland security officials over the Tucson 5 Wall Project, alleging that the planned infrastructure would unlawfully diminish its reservation and constitute federal common-law trespass. The Nation also warned of damage to sacred sites and interference with cross-border religious and family ties. 

The dispute centers on the Roosevelt Reservation, a roughly 60-foot corridor along the international boundary established through President Theodore Roosevelt’s 1907 proclamation. Federal officials maintain that the corridor permits the border-security project. The Nation disputes that interpretation.

In his 18-page opinion, Leon concluded that the federal corridor likely exists along the disputed boundary and that the Nation had not demonstrated a likelihood of success on its claims. He also found that federal border-security and public-safety interests outweighed the potential harms established at that stage, while expressing an expectation of continued consultation and cooperation with the Nation. 

The Nation’s Sept. 16 appellate brief asks the D.C. Circuit to reverse the ruling and direct preliminary relief. It argues that construction would trespass on tribal land, including through activity extending beyond the disputed corridor, and that federal officials lack authority to diminish reservation boundaries.

The confrontation also unfolded outside the courtroom. California Globe reported Aug. 11 that the Nation had posted no-trespassing signs and alerted tribal police to turn back contractors attempting unauthorized entry for border wall work. The Nation clarified that its reservation remained open to authorized visitors and ordinary travel. 

Hobbs’ filing cited previous damage from border construction and argued that consultation must occur before irreversible work, KJZZ reported. Her attorney maintained that a pause would leave existing enforcement infrastructure in place, including operating bases, surveillance towers and vehicle barriers. 

Republican Senate President Warren Petersen and House Speaker Steve Montenegro have supported the federal government’s position. In a July 7 friend-of-the-court brief, the legislative leaders urged Leon to deny an injunction, citing Arizona’s border-security costs and arguing that reduced crossings under the Trump administration did not eliminate the need for permanent infrastructure.

“Without border security,” Petersen and Montenegro wrote, “the States, especially border States like Arizona, have been subject to an influx of criminal activity, harming its citizens. And the States have also had to expend tremendous resources as a result. The balance of equities and the public interest here weigh heavily in favor of the United States and doing all that is necessary to ensure that our border continues to be secure for years to come.”

Their brief further warned that future administrations could withdraw personnel or reverse enforcement policies. Hobbs’ attorney countered that hypothetical future changes did not establish a need for construction to begin this fall, according to KJZZ. 

The Nation’s appellate brief describes a contract for up to two 30-foot walls, a patrol road and associated infrastructure. It cites the government’s anticipated construction start as no earlier than Oct. 12, 2026, making the timing of the request decisive.