Legal & Disputes
Tohono O'odham Nation Sues Border Wall Contractor SLS Federal Services for Trespassing
By News Desk ·
Key takeaways
- The Tohono O'odham Nation filed suit on October 28 against SLS Federal Services LLC and its subcontractors for trespassing on reservation land.
- Tribal law enforcement stopped 11 contractor vehicles on August 10-12 and asked them to leave the reservation.
- The Nation seeks preliminary and permanent orders barring SLS and its subcontractors from entering or working on the reservation for wall construction.
The Tohono O'odham Nation filed suit on October 28 against SLS Federal Services LLC, a federal contractor hired to build a 30-foot border wall along 62 miles of the tribe's southern reservation border, alleging trespassing during construction preparation. Yahoo reported the filing. The Nation is a federally recognized sovereign tribal nation in southern Arizona that governs and delivers healthcare, education, public safety, and economic services to 14,000+ tribal members across an 11-district, 2.8 million-acre reservation, funded primarily by federal trust obligations and tribal casino operations.
Tohono O'odham Nation's Trespass Claims Against SLS
The suit alleges SLS Federal Services and its subcontractors entered reservation lands and used private roads without tribal approval as required by its federal contract. The Nation contends that on August 10-12, tribal law enforcement stopped 11 contractor vehicles and asked them to leave the reservation. Construction preparation, which involves blasting sacred mountains, clearing land, and building access roads, would cause irreversible damage to religious, cultural, and environmental resources, including sacred saguaro cacti that are protected under tribal law. The Nation is asking the courts to issue preliminary and permanent orders stopping SLS and its subcontractors from entering or working on the reservation for wall construction.
The Tohono O'odham Nation has partnered with the federal government on border security, supporting the installation of vehicle barriers, patrol roads, surveillance towers, and two Border Patrol operating bases on reservation land. The Nation has also spent millions of dollars annually on its own border security activities. In April, the Department of Homeland Security officially announced plans for the wall. In June, the Nation sued the DHS, requesting a halt to the construction, contending that the wall would illegally diminish the size of the Nation's reservation, constitute trespassing on tribal land, and violate the tribe's right to exclusive use of its reservation and resources; and that it would destroy sacred sites and interfere with important religious ceremonies and cultural practices. A judge denied the request in August.
Tohono O'odham Nation's Land and Border Agreements
According to akta.pro company records, the Tohono O'odham Nation secured approximately 160 acres of restored land from the U.S. Bureau of Indian Affairs in February 2025, representing the largest restoration of lands from BIA in nearly 100 years, with work continuing toward restoration of remaining lands held in reserve. The Nation also acquired more than 6,000 acres in Sonora, Mexico south of the border, providing essential access for O'odham people on both sides of the international border established over 170 years ago. The Nation holds a historic co-stewardship agreement with the Bureau of Land Management for protection of sacred sites and resources on the eastern slopes of the Baboquivari Mountains.
Earlier Border Wall Injunctions and Protests
On October 5, the Tohono O'odham Nation filed an emergency injunction to halt border wall construction on tribal lands, describing the situation as a "stark emergency," and the federal government urged the court to deny the request, azcentral reported. On October 7, Tohono O'odham leaders and multi-faith groups held a rally to oppose the Trump administration's second border wall, which has desecrated sacred sites; a final "Grandmother" tree in Lochiel was cut down, and contractors damaged a 6,500-year-old intaglio, Yahoo reported. In August, a U.S. District Court judge denied the Tohono O'odham Nation's request for a preliminary injunction to halt border wall construction on its tribal lands, ruling that the tribe was unlikely to succeed on the merits of its legal arguments, azcentral reported.
Court Orders Sought Against SLS Federal Services
The Tohono O'odham Nation is asking the courts to issue preliminary and permanent orders stopping SLS Federal Services and its subcontractors from entering or working on the reservation for wall construction.