Lawsuit Targets Trump Administration’s Failure to Act to Save Vanishing Porpoises

Lawsuit Targets Trump Administration’s Failure to Act to Save Vanishing Porpoises

Suit Seeks Ban on Mexican Seafood Imports to Prevent Extinction of Vaquita

     by Center for Biological Diversity

WASHINGTON— Conservation groups filed a lawsuit against the Trump administration today for failing to respond to their emergency request to ban certain seafood imports from Mexico’s Gulf of California in order to save the critically endangered vaquita porpoise from extinction.

Fewer than 30 vaquita now remain on the planet after the population suffered a 95 percent decline over the past 20 years. Entanglement in fishing gillnets is the sole threat to the species’ survival. Scientists predict that the vaquita will be extinct by 2019 if fishing practices remain unchanged.

In May the groups filed a formal legal petition requesting that the U.S. government ban the import of seafood from Mexico that was caught in the vaquita’s habitat using deadly gillnets. Today’s lawsuit seeks an immediate response to that emergency petition. A U.S. ban on lucrative Mexican seafood imports will pressure Mexico to fully ban gillnets and strengthen much-needed enforcement.

“We’ve asked politely that the U.S. government take action to save the vaquita by banning Mexican seafood imports,” said Sarah Uhlemann, international program director at the Center for Biological Diversity. “But the clock is running out for the vaquita and it’s time to demand action. The Trump administration must use the strongest possible pressure quickly to force Mexico’s hand in protecting the vaquita before it’s too late.”

Mexico has failed to permanently ban all gillnets in the vaquita’s habitat, despite repeated recommendations by scientists and evidence that the use of gillnets by any fishery — in or adjacent to the vaquita’s range — will undeniably lead to the species’ extinction.

“We can’t leave any tool unused that will help get the vaquita’s killer — gillnets — out of their habitat,” said Zak Smith, senior attorney with the Natural Resources Defense Council’s Marine Mammal Protection Project. “The fishing industry is driving the vaquita’s extinction — and pressure on that group to fix their practices may be the most important way to save these porpoises. The United States must immediately ban the import of any seafood from Mexico that is contributing to the vaquita’s extinction.”

The U.S. Marine Mammal Protection Act requires the U.S. government to ban seafood imports from fisheries that kill marine mammals, including the vaquita, in excess of U.S. standards for marine mammal bycatch (the accidental entanglement and deaths of marine mammals in fishing gear). If American standards were applied to Mexican fishermen operating in and near the vaquita’s habitat, fishermen would be prohibited from contributing to the bycatch of any vaquita because it is gravely endangered and losing its population at a rate of nearly 40 percent each year.

“Mexico has known for decades what must be done to save the vaquita, yet has not found the political will to stop the species from plummeting toward extinction,” said Kate O’Connell, marine wildlife consultant with the Animal Welfare Institute. “If the U.S. government does not step up and use its laws to compel the Mexican government to save the species by banning certain seafood imports, it too will be complicit in the loss of the vaquita.”

In 2016, following a legal petition by conservation groups, the Service adopted new rules to enforce the Marine Mammal Protection Act’s import provision. Those rules will be fully applicable worldwide by 2022. Today’s lawsuit seeks emergency application of the rules to save the vaquita.

Justice Thwarted in Huichol Land Restitution Case

Justice Thwarted in Huichol Land Restitution Case

Featured image by Octaviano Díaz Chema

     by  / Intercontinental Cry

HUAJIMIC, Nayarit, Mexico — A century-old land conflict has flared up again in the Western Sierra Madre, deepening already raw tensions in the wake of the May 2017 assassination of two Huichol (Wixárika) leaders who fought to reclaim that land.

On Friday, the anniversary of last year’s equally contentious reclamation action, 1,200 indigenous Huichols hiked for three hours down a mountain into the contested valley of Huajimic to meet the court officials scheduled to sign over to them a bitterly contested piece of farmland.

The officials never arrived, however, because ranchers opposing the restitution staged a roadblock, and police never showed up to enforce the action. Now the Huichols say they’ll stay put on the remote piece of farmland until the restitution is complete, setting the stage for a potentially violent standoff of uncertain duration.

Photo: Octaviano Díaz Chema

Friday’s restitution was to be the second in a series of legal procedures recognizing the wrongful possession of 10,500 hectares (nearly 26,000 acres) of Huichol land by the region’s mestizo ranchers more than 100 years ago.

The ranchers hold titles from the Mexican government dated around 1906, but the Huichol people hold land grants dating back to the 1700s from the Spanish crown.

Since last year’s hard-fought restitution, the leader of that effort, Miguel Vázquez Torres, was shot to death by a truck full of armed gunmen, as was his brother Agustin. Many suspect they were targeted because of their outspoken support of the land restitution.

On Sept. 22, 2016, after a series of lawsuits were decided in favor of the Huichol community of San Sebastián Teponohuaxtlán, they moved in to claim their first parcel, a 184-hectare (454-acre) hillside ranch about 5 miles from the ranching town of Huajimic. That action was followed with a roadblock and threats of violence. Since that time three Huichol families moved in to set up a homestead and begin farming, and faced repeated threats from residents of the nearby town of Huajimic.

This time, the contested tract is only 63.7 hectares (157 acres), but for the Huichol community, it represents the leading edge of their fight to reclaim their ancestral homelands. For the ranchers, it represents the line they must hold to prevent the dispossession of lands that have been in their families for generations.

The day before the scheduled restitution, local and state officials met in the Nayarit state capital of Tepic with Agrarian Tribunal Magistrate Aldo Saúl Muñoz López and assured him that public security forces would be present to prevent violence, said Cristián Chávez, a territorial expert representing the Huichol community of San Sebastian, who was present at the meeting and the subsequent roadblock.

The promised police forces never showed up, and a caravan including various court officials, a state human rights observer, attorneys and media representatives made their way through the hilly terrain, driving for more than an hour before confronting the roadblock. Several pickup trucks blocked the road and about 40 individuals were on the scene, said Chávez.

Magistrate Muñoz López got down from his truck and informed the ranchers that he was there to carry out an order from the court, and politely asked them to let the caravan pass, according to a report by Agustín del Castillo from Milenionewspaper. Ranchers flatly denied passage.

Given that there was no law enforcement present, Muñoz López drew up a document describing the circumstances that prevented the execution of justice, and expressed his intention to seek the means to follow through with the legal decision as soon as possible, said Chávez. He also reassured the ranchers that he would take their concerns to the authorities in the state and federal government.

Carlos González was visibly upset with the circumstances, according to del Castillo’s report. “We blame the governor of Nayarit, Antonio Echavarría, his secretary general of government and his attorney general, for the violence that could be caused by this situation, since 1,200 comuneros have come down to the property and taken possession of it, and given the traffic and food blockades on the part of the ranchers, the situation may become unsustainable,” he said with obvious annoyance.

The Mexican government has come under severe criticism for its lack of action in the case, rejecting repeated requests by Huichol leaders and ranchers alike to reimburse ranchers with federal funds designated to help prevent land conflicts.

 The spokesman for Mexico’s Secretariat of Agrarian, Territorial and Urban Development, which is charged with resolving land disputes, said the agency lacks the resources to get involved and is already faced with more than 300 pending land conflicts.

Huichol representatives have taken their case directly to the public in videos posted on Facebook Saturday. They say they will continue to occupy the land until the court officials arrive and formalize the restitution. In one of them, a camera pans a massive crowd standing in a field, with mountains in the backdrop. Felipe Serio Chino, president of the community’s security council, steps forward.

“Today, Sept. 22, 2017, more than 1,000 comuneros (Huichol community members) gathered here in this place to demand of Magistrate Aldo Raul Muñoz López, who is in charge of Tribunal 56 in Tepic, Nayarit, that he deliver this land into our possession as it was programmed. All these comuneros are awaiting your presence. Without it, we will stay until we achieve the objective we came here for.

“We send a salute to Mr. Aldo but we also ask him not to be a coward, to not be afraid, to not allow anyone to prevent him from doing his duty… the law has recognized it; we are only demanding what is ours.”

 

Chief John Moreno Jailed in Mexico

Chief John Moreno Jailed in Mexico

     by Jamie Sechrist

TODOS SANTOS, BCS, MX–Chief John J. Moreno, of the traditional Council of Chiefs at Crow Dog’s Sundance, Rosebud, Lakota Territory, has been jailed in La Paz, Baja California Sur, Mexico, in what looks like an effort to silence the young environmental attorney.

Moreno, lead attorney for local fishermen and the Todos Santos community against a mega-development, here in Todos Santos, was arrested Friday, May 19, using an old and settled land dispute case. The landowner, Joella Corado, an American- Mexican citizen was also jailed.

Moreno has participated with his family in the traditional Lakota Sun Dance Ceremony since he was seven years old.  In 2010, he became a member of the Sundance Chief’s Council and an international representative in Mexico and Europe.  In 2012, he travelled to Italy where he signed, as an Honorary Tribal Member of the Lakota Sicangu Nation, The Perpetual Peace and Friendship Agreement Between the Traditional Council of Chiefs of the Lakota Nation and the Provinces of Florence, Prato, Pistoia, and the Municipality of Vaino – Repubblica Italiana.

Moreno’s personal attorney, working with forensics experts immediately proved that the papers used to justify the arrest were actually forged. Nonetheless, the two remain jailed without bail, awaiting a federal court decision.

Attorney Arturo Rubio Ruiz calls the case a blatant example of the “corruption tainting the Baja California Sur legal system,” and that evidence had been falsified in a manner he called “comically obvious.”  Rubio Ruiz has filed before a federal judge to overturn the state judge’s decision.

The jailing comes on the heels of a 14-chapter lawsuit Moreno filed in February against the mega development known as Tres Santos, a project of The Black Creek Group of Denver, Colorado, and its Mexican subsidiary MIRA. The project has the backing of the state governor, Mendoza Davis, who just prior to the arrests spent a morning with MIRA CEO Javier Barrios.

Meanwhile, the lawsuits Moreno filed in state and federal courts, on behalf of those opposing the development, detail the violations of State and Federal environmental laws and the regional urban development plan.

Immediately upon his arrest, supporters of Moreno filed an “amparo” (protection order) to recognize his spiritual beliefs and cultural heritage under “freedom of worship.”  The “amparo” was necessary to protect Moreno from having his long hair cut and allowed for certain provisions of protection while imprisoned.

The lawsuits filed by Moreno challenge the location of Tres Santos’ boutique beach hotel development at Punta Lobos arguing that that the hotel illegally took over a beach belonging to the fishing cooperative, is in violation of laws pertaining to the federal zone, is on protected fragile dunes, and destroyed vital wetlands. Additionally the development is drawing on the fragile aquifer that supplies the small town’s water, despite having promised to “not use a drop of Todos Santos’ water.”

Soon thereafter, a dossier was leaked to the Moreno family making it clear that Tres Santos’ representatives were researching old files, looking for a line of attack on Moreno. Despite a judgment in Corado’s favor and the closing of the case, it became the excuse for jailing the two.

The development threatens to overwhelm the small town of Todos Santos, nearly tripling its population of 6,000 with construction of 4,472 homes over twenty-five years.

Attorney Arturo Rubio Ruiz calls the case a blatant example of the “corruption tainting the Baja California Sur legal system,” and that evidence had been falsified in a manner he called “comically obvious.” Commented Forensic Investigator Humberto Franco Merlos, “If the Procurador forged documents to arrest Moreno, what will happen when someone we love, or we ourselves, are arrested based on fabricated evidence?”

Protesters have filled El Congreso, fishermen marched in Todos Santos, demonstrations in front of the prison have been non-stop, and over 150 organizations have signed a letter to BSC Governor Carlos Mendoza Davis decrying this “egregious human rights violation.”  The American Consulate is watching Corado’s case and monitoring threats against several other US citizens who have opposed the development.

An on-line petition at change.org online petition has been launched

Run for Freedom – CSU Lory Student Center, Ft Collins, CO followed by run to State Capitol in Denver, Event Page

John Moreno Defense Fund

Joella Corado Website and Defense Fund

Facebook Page for John and Joella

Twitter for John and Joella

Patrimonio is a documentary that is currently in progress that covers the entire struggle with the mega development Tres Santos. Please visit their page

Truth Santos is a website that covers all the aspects of the issues with the development Tres Santos

Baja Sur TV covers live footage and informational releases in regard to the development Tres Santos


Jamie Sechrist is a 40 year old U.S. Citizen that lives in Todos Santos, BCS, MX as a full time resident. She works mostly for non-profit organizations to help with fundraising and promotional efforts. For two years she has been involved with helping the Fishermen of Punta Lobos and the town of Todos Santos to raise awareness of the impacts that Colorado-based Black Creek Capital’s mega development Tres Santos has caused in this small town in Baja California Sur. For these efforts she has earned herself a lawsuit, persecution on social media, defamation in local media, and fled the country in January 2016 for fear of government reprisals. In February 2016 she received a protection order called an amparo which enabled her to return to Mexico without fear of repercussions.

Video from Oct 15, 2015, at Punta Lobos, Jamie Sechrist: https://www.facebook.com/jamie.sechrist/videos/vb.1615008376/10204326181067382/?type=3&theater
Video from Jan 26, 2015 fleeing Mexico:
https://www.facebook.com/jamie.sechrist/videos/vb.1615008376/10204812040853573/?type=3&theater

Huichol Leader Assassinations “A Wound to the Heart of the Community”

Huichol Leader Assassinations “A Wound to the Heart of the Community”

Featured image: Nearly 1,000 Wixárika community members participated in a mobilization led by Miguel Vázquez Torres Sept. 22, 2016, to reclaim the first parcel of 10,000 hectares being contested in the federal agrarian tribunal. Photo: Abraham Pérez

Este artículo está disponible en español aquí

     by  / Intercontinental Cry

GUADALAJARA — As commissioner of public lands for the indigenous Wixárika territory of San Sebastian Teponahuaxtlán, Miguel Vázquez Torres was at the forefront of the legal fight to recover 10,000 hectares of indigenous ancestral lands from surrounding ranching communities. He was among those who repeatedly urged the federal and state governments to intervene to prevent violence in the increasingly tense region that had been the subject of land conflicts for more than a century and, more recently, an increasing presence on the part of the drug cartels.

So it was particularly painful to learn that Miguel and his brother, Agustín, a young attorney also active in the land restitution project have become victims of the violence that they had worked so hard to avoid. They were both gunned down on Saturday. Preliminary investigations implicate an organized crime cell operating on the border between Jalisco and Zacatecas states.

Miguel Vázquez Torres, the Wixarika leader most responsible for mobilizing an effort to reclaim 10,000 hectares of ancestral lands, shows the vast expanse of lands belonging to San Sebastian Teponahuaxtlan. Photo: Nelson Denman photo.

Alfonso Hernández Barron, inspector for the State Commission on Human Rights, had worked with both of the victims extensively over the years. Agustín had just finished his professional practice as a human rights attorney under Hernández’ tutelage and was preparing to take on a greater responsibility in the land restitution case.

“He was a young man who was always seeking to improve himself, a man of peaceful profile, a hard worker.”

Agustín left a wife and a young daughter, as did Miguel.

Hernández described Miguel as a leader who headed the greatest effort in many years for the recovery and defense of his peoples’ territory – a historic effort in many respects.

“He was held in very high esteem and recognition,” said Hernandez. “This is a wound to the heart of the community, and not just Tuxpan and San Sebastian, but all the communities – because all the leaders of the communities feel increasingly exposed, and at greater risk for representing and defending their people.”

Hernández called from the long road that leads back to Guadalajara from Tuxpan, heavy-hearted after a Tuesday visit to the community to debrief residents on their rights as victims. He found community members frightened, sad and angry. “You can feel it,” he said. “It’s palpable.”

The background

Miguel Vázquez served as guide and host to an Intercontinental Cry team, including this reporter, who went to investigate the community’s land restitution process last year. We traveled extensively together in the sprawling 240,000-hectare territory of San Sebastian and Tuxpan de Bolaños, in the state of Jalisco. After a nearly 50-year battle for 10,000 hectares (24,710 acres) across the state line in Nayarit, the courts were now in the process of returning this land to the Wixárika community, which held the title dating back to the Spanish crown. Ranchers who held titles dating to the early 1900s had farmed the land for generations and were resisting the take-back. Some of them were spoiling for a fight.

Miguel Vázquez Torres, left, goes over a map of the territory to be restituted on Sept. 22, 2016, with Wixárika attorney Santos de la Cruz Carrillo. Photo: Abraham Pérez.

After the first in a series of court rulings in favor of the Wixaritari, community leaders including Miguel had repeatedly petitioned the federal government to indemnify the ranchers under a federal fund set up to prevent violence in cases such as this one. They also asked the state and federal governments to provide security and to help enforce the Sept. 22 transfer of the 184-hectare parcel, an abandoned ranch near the town of Huajimic.

Despite threats from ranchers who did not accept the validity of the court ruling, the government failed to respond to their pleas, Vázquez said. So on the day that the court had set for the land transfer, he and other leaders mobilized nearly 1,000 community members to meet the federal agrarian officials and occupy the land.

Angry ranchers responded by setting up a roadblock and refusing to let the court officials, attorneys, journalists and Huichols leave. Vázquez was among those who negotiated directly with leaders in the ranching community of Huajimic to set up a dialog table, and for months the group met in an attempt to pressure the government to indemnify the ranchers who were being forced to relinquish their lands. The government responded that the country was faced with too many land disputes and not enough money in the special fund.

In a March telephone interview with IC, Vázquez said there had been no progress in the negotiations because the government had not responded to further petitions on the part of the dialog table. He mentioned that they were preparing to take action on another restitution claim, and he confirmed media reports that the community was seeking to organize an armed self-defense group. Vázquez and other community leaders were involved in discussions with state law enforcement representatives about the establishment of such a community police force when he and his brother were killed.

Photo: Abraham Pérez

Living in fear

Santos Hernandez, the new public lands commissioner that Miguel Vázquez had prepared for this role, spoke to IC by telephone on Tuesday, and confirmed Hernández’ assessment.

“Nobody feels like working or traveling in their cars – they are watching all of us and our families,” he said of cartel operatives in the area. The government has been extremely slow to respond to calls for help, he said. Since the homicides the government has sent in a special force, and Hernandez said he hopes they will staff checkpoints on the roads and maintain a permanent presence.

“This has been the community’s concern; we have asked for this, and they haven’t responded. Now with what has happened, I think we have the right to more vigilance.”

State human rights inspector Hernández worried that the attacks pose a threat to the cultural integrity of the Wixárika People.

“This is a native people that has a communal sense of identity, so it affects the community as a whole, because they see their customs and traditions being threatened.”

Photo: Abraham Pérez

Warnings unheeded

Authorities at the federal and state levels had repeatedly asked for government intervention in the troubled area. Two separate congressional resolutions, one at the federal and one at the state level, had been passed in recent months urging restitution of the ranchers and for the state governments to provide greater security in the region.

Rep. Clemente Castañeda, House Minority Speaker in the Mexican Congress representing the national Citizen’s Movement Party, said that state government officials should have intervened in the region in a serious way a long time ago.

“The federal and state congresses gave timely warning to the governments of Nayarit and Jalisco about the risks present in the northern zone (of Jalisco), and what might occur – and what lamentably has just occurred,” said Castañeda, who sponsored a resolution calling for restitution and greater security in the region. The resolution passed the full Mexican Congress on Feb. 14 of this year.

The brothers’ homicide may or may not be related to their public role in the land restitution case, he said, but if the government knew that organized crime was operating in the area, he said, there was even more reason to have a strong presence there.

“The easiest thing is to say that it’s an isolated case,” said Castañeda. “However it seems like too much of a coincidence that this assassination took place in the middle of a very prolonged land dispute that has left the zone in permanent conflict.”

For more than 100 years, ranchers have farmed the 10,000 hectares around Huajimic that the Wixarika people are now reclaiming under a series of court orders recognizing their title from the Spanish crown. Photo: Abraham Pérez

Rep. Fela Pelayo, the head of Jalisco’s congressional commission for indigenous affairs, has been petitioning the government since last fall to intervene in the territory. She sponsored a similar resolution that passed the Jalisco state congress unanimously in October, less than a month after the tense standoff in Huajimic. In late January, she learned that the Wixárika leaders were planning to establish an armed self-defense force in the face of governmental action and continued threats. She became alarmed and called a press conference to urge the government to act.

“We solicited the governor of the state to attend to this problem; we said that the situation was delicate, and that we could have the possibility of the loss of human lives,” she told IC. “Now, after eight months of inaction, we have two indigenous leaders dead.”

Guadalajara anthropologist Francisco Talavera Durón has worked closely with Pelayo and others throughout the region who have sought to support the Wixarika community over the years.

He remembered sadly some of the last words he heard from Miguel, who was speaking at a press conference on the lack of government intervention.

“We indigenous people don’t represent political capital for the political parties; that’s why they don’t have us on their agendas,” Miguel said at the time.

“He said there was such a profound abandonment – and now we are seeing it with the deaths of these two brothers.”

Talavera said the Wixárika territories are among the most abandoned in the country – not just on the physical level, with a lack of roads and infrastructure, but also from the perspective of justice and basic legal protections.

“For me the deaths of Miguel and Agustín represent a huge blow to indigenous leadership,” he said. “We’re very worried because there are many indigenous leaders in the entire state who are defending their territories, and with the deaths of these two companions it puts them in a doubly vulnerable situation and on high alert.

“If the government has knowledge that the cartels are operating there, and if the question of territorial conflict is clear, why was there no protection on the part of the state? The community has had to create their own security circles and take charge of the vigilance of their leaders. This should be the responsibility of the state of Jalisco.”

The Arizona Tribe That Knows How to Stop a Trump Wall

The Arizona Tribe That Knows How to Stop a Trump Wall

     by Tristan Ahtone / Yes Magazine

President-elect Donald Trump says that he will build a wall along the U.S.-Mexico border. It will stop undocumented immigrants from entering the country. It will stop drugs from entering the country. It will be 50 feet tall. It will be nearly a thousand miles long. And it will cut the traditional lands of the Tohono O’odham Nation of Arizona in half.

The Tohono O’odham reservation is one of the largest in the nation, and occupies area that includes 76 miles of the U.S.-Mexico border. However, the tribe’s traditional lands extend deep into Mexico, and tribal members live on both sides of the border: With tribal identification, they cross regularly to visit family, receive medical services, and participate in ceremonial or religious services.

The prospect of slicing their homelands in two? Not welcome.

“Over my dead body will a wall be built,” says Verlon Jose, vice chairperson of the Tohono O’odham Nation. “If he decides to build a wall, he’s going to need to come talk to us, unless he wants to see another Standing Rock.”

In other words, to build the wall, Mr. Trump will have to fight for every single mile of Tohono O’odham land—legally, and possibly even physically.

And they’re not the only tribal nation that would be impacted by the wall.

Robert Holden, deputy director of the National Congress of American Indians, points to the Ysleta Del Sur in Texas and tribes in California, such as the Kumeyaay, who have relatives in Mexico. “There’s significant tribal sovereignty at stake here,” Holden says.

Currently, a vehicle barrier on Tohono O’odham land separates Mexico from the United States. It’s stopped cars and trucks from crashing across the border but hasn’t significantly curbed illegal activities in the area.

The nation sits inside what the Department of Homeland Security calls the Tucson Sector—262 miles of border stretching from New Mexico almost entirely across Arizona, and one of the busiest areas for illegal border activity in the U.S. In 2015, more than 60,000 pounds of marijuana, cocaine, methamphetamine, and heroin were seized by Tucson Border Patrol. According to officials, that same year, Border Patrol handled more than 2,100 drug cases, and some 680 smuggling cases were prosecuted out of the Tucson Sector.

But despite the statistics, the Tohono O’odham have resisted more intrusive physical barriers within their territory.

“The people of the Tohono O’odham Nation have always been against a wall,” says Jose. In the 1990s, he adds, federal agencies discussed a wall or some other additional security barrier, but the tribe resisted, and the plan was dropped.

In order to deal with criminal activities in the area, the nation has opted to work with the Department of Homeland Security, U.S. Immigration and Customs Enforcement, as well as Border Patrol. For instance, the Shadow Wolves—a Tohono O’odham tactical patrol unit—have worked with DHS since the early 2000s and are responsible for seizing thousands of pounds of illegal drugs and for hundreds of arrests on the reservation. And tribal law enforcement has worked closely with federal authorities as well as tribal communities to maintain a semblance of safety and order.

This doesn’t mean things are peachy down on the Tohono O’odham reservation, though: Tribal members say they are routinely harassed by Border Patrol; cultural and religious items are frequently confiscated; and detentions and deportations of tribal citizens are not uncommon. In 2014, two tribal members were hospitalized after being shot by a Border Patrol agent. The situation has often been compared to a Berlin Wall-like scenario, but the tribe has fought for and maintained the ability to enjoy its traditional homelands—at least more than if a wall were running through the middle of it.

“Let me come into your home and build a wall directly in the middle of your house and tell me what impacts that would have on you?” says Jose. “This land is our grocery store; this land is our medical facility, where we get our medicinal remedies from; this land is our college and university. Our sacred sites are in Mexico; our ceremonies are in what is now Mexico. The border is an imaginary line to us.”

Border Patrol officials declined to comment on the proposed wall or how the agency has worked with the Tohono O’odham in the past.

“Beyond the practical difficulties of building and maintaining such a wall, it really would undermine a lot of cooperative agreements that law enforcement rely on to police that border,” says Melissa Tatum, a law professor at the University of Arizona. “If they’re not cooperating with the Tohono O’odham that help to secure the border, it creates incentives to have more resistance.”

In the short term, when it comes to securing the border, there are no easy answers or solutions. But when it comes to working with tribal nations on the issue, in the eyes of the Tohono O’odham, Trump’s proposed wall represents either gross ignorance or blatant disregard for tribal sovereignty. And if construction begins, it could signal the winding back of clocks on U.S.-tribal relations on the border.

“I can’t even imagine how far it would set us back,” says Tatum. “More than a hundred years.”

Tristan Ahtone wrote this article for YES! Magazine. Tristan is a journalist and member of the Kiowa tribe of Oklahoma. His work has appeared on and in PBS NewsHour, National Native News, Frontline, Wyoming Public Radio, Vice, Fronteras Desk, NPR, and Al Jazeera America. 

This article has been re-published Deep Green Resistance News Service under a Creative Commons License.