WASHINGTON D.C. - Today the National Congress of American Indians (NCAI) and the Inter Tribal Association of Arizona represented by the Native American Rights Fund (NARF) filed an amicus brief in Tohono O’odham Nation v. Mullin, a case currently before the U.S. Court of Appeals for the District of Columbia Circuit challenging the federal government’s planned construction of a border wall through the Tohono O’odham Nation’s reservation in Arizona.

The brief represents Tribal voices in Arizona and across Indian Country that are alarmed by the federal government’s trespass on the Tohono O’odham Nation’s reservation and are opposed to this unlawful infringement on Tribal sovereignty.

“Tribal Nations were sovereign long before the formation of the United States, and today we continue to exercise sovereignty over our lands,” said NCAI President Mark Macarro. “The administration’s actions reflect a blatant disregard for the sovereignty of the Tohono O’odham Nation. Indian Country stands with the Nation as it seeks to hold the federal government accountable.”

“Tribal Nations have a unique relationship with the federal government. Part of this relationship imposes a duty on the United States to steward and protect Tribal Nations’ land bases. The federal government’s actions on the Tohono O’odham Nation’s reservation are a dereliction of the duties the United States owes to Tribal Nations,” said NARF Staff Attorney Mitchell Forbes.

The amicus brief details the many instances where Tribal Nations have successfully sued trespassers in order to protect their lands from illegal encroachment and the unique role of the United States in protecting Tribal homelands — which makes the federal government’s trespass on Tohono O’odham land especially alarming.

“Historically, the courts have recognized that trespass claims are essential in protecting Tribal lands and interests and maintaining Tribal sovereignty,” said NARF Attorney Joel West Williams. “This filing shows that Tribal Nations are again unified in defending their lands from invasion and protecting their sacred places from haphazard destruction.”

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About the National Congress of American Indians:

Founded in 1944, the National Congress of American Indians is the oldest, largest, and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of Tribal governments and communities, promoting strong Tribal-federal government-to-government policies and a better understanding among the general public regarding American Indian and Alaska Native governments, people, and rights. For more information, visit https://www.ncai.org/.

About the Native American Rights Fund (NARF):

NARF is a non-profit 501c(3) organization dedicated to defending and asserting the legal rights of Native Americans. Since 1970, the Native American Rights Fund (NARF) has provided specialized legal assistance to Tribal Nations, organizations, and individuals nationwide on the most important issues to Native Americans. In hundreds of major court cases, legislation and inter-governmental agreements, NARF has achieved significant results in critical areas such as Tribal sovereignty, treaty rights, natural resource protection, voting rights, and Indian education. Like us on Facebook and on Instagram and follow us on LinkedIn to learn about the latest fights to promote justice for Native Americans.