The Center for Biological Diversity sued the border wall over a desert springsnail the size of a pencil tip.
Every lawsuit the Left has thrown at the border wall has failed.
Now an Arizona tribe is threatening to charge the construction crews with criminal charges.
Arizona Tribe Blocks Border Wall Construction on Tribal Land After Losing in Court
The Tohono O'odham Nation sits on 2.8 million acres in southern Arizona, with 62 miles of border running directly against Mexico.
That stretch is the site of the Trump administration's Tucson 5 project — a 30-foot steel bollard border wall funded by the One Big Beautiful Bill.
The tribe sued DHS in June to stop it.
Senior U.S. District Judge Richard Leon denied their emergency injunction request in early August.
His reasoning was direct: President Theodore Roosevelt's 1907 proclamation designated a 60-foot strip along the entire U.S.-Mexico border as federal property — a full decade before the Tohono O'odham reservation was established.
Federal authority over that border strip has been documented fact for 119 years.
The tribe's underlying lawsuit against DHS remains pending in federal court, but the emergency injunction — their only tool to halt construction immediately — is gone.
Out of legal options to stop the bulldozers, the tribe posted "No Trespassing" signs along the reservation and warned that any contractor crossing tribal land to access the wall project sites would face charges.
Chairman Verlon Jose said tribal police had already turned construction crews away seven times since the signs went up.
"If contractors come without following the nation's permitting processes, they are trespassing, and we will not stand for that," Jose warned.
Democrat Representative Adelita Grijalva of Arizona stood alongside Jose at a media event at Quitobaquito Springs earlier this week to amplify the message.
CBP Commissioner Rodney Scott responded by announcing his agency is moving forward with the full project regardless.
Border Wall Lawsuits Have Failed and Now They Are Threatening to Charge Construction Crews
The trespass threat is the tribe's latest move in a fight the Left has been waging since Trump's first term.
The strategy hasn't changed: find a legal theory, file a lawsuit, and buy time while the calendar runs.
In Trump 45, wildlife advocacy groups sued over funding diversions and environmental waivers.
The Supreme Court let construction proceed anyway.
Biden just stopped building — but the contracts Congress had already authorized never went away, and Trump restarted them the moment he returned to the White House with $46.5 billion in new wall funding from the One Big Beautiful Bill.
This time the Left came with new theories: tribal sovereignty, endangered species, sacred sites, environmental law waivers.
In Texas, opposition to wall construction through Big Bend National Park drew both environmental groups and, remarkably, RINO Senator John Cornyn.
CBP paused that project to address local concerns, but it has not been cancelled.
Federal judges have denied every emergency legal challenge brought against the wall since Trump took office.
The trespass citation threat is what the Left reaches for when the courthouse door closes.
One Big Beautiful Bill Funded It and Rodney Scott Says the Border Wall Is Done by 2028
None of it is slowing construction down.
CBP Commissioner Rodney Scott testified before Congress this year that CBP had already placed $12 billion in Smart Wall funding on contract, with all remaining barrier contracts scheduled for award.
Scott told the Center for Immigration Studies that every element of the project — the barriers, the river systems, the OB3-funded technology — will be "done by July 2028."
Construction is running ahead of schedule and below budget.
Trump's first term ended with 458 miles of wall installed.
This term the primary wall is on track to be finished by the end of 2027, with the complete system — secondary barriers, river barriers, and integrated technology — done by July 2028.
Scott made a commitment to the President.
From California to the Gulf of America, the wall is going up.
Every lawsuit, every trespass citation threat, and every press event in the Arizona desert moves the July 2028 completion date by exactly zero days.
Sources:
- Randy Clark, "Arizona Native-American Tribe Threatens Trespass Charges Against Border Wall Construction Crews," Breitbart, August 26, 2026.
- Neil Munro, "Border Patrol Chief Rodney Scott: Border Wall System Will be Complete 'Ahead of Schedule and Below Budget,'" Breitbart, June 10, 2026.
- "Federal Judge Declines to Block Border Wall Construction on Arizona Tribal Land," The Epoch Times, August 2026.
- Rodney S. Scott, Testimony Before the House Appropriations Subcommittee on Homeland Security, U.S. Customs and Border Protection, February 10, 2026.
