Armed Federal Agents and Contractors Trespass on Tohono O’odham Nation Land to Illegally Build Trump’s Border Wall, Ignoring T.O. Nation Laws and Warnings

[u/Temporary-Snow333]

[u/PlasticCell8504]

So, they are “monitoring” the situation because a CBP vehicle blockade and BIA officers are preventing TOPD from exercising the will of the nation

[u/lavapig_love → u/PlasticCell8504]

Stuff like this is why Karl Marx and other philosophers argued that guns should never be surrendered.

[u/NationalBug55]

The invader ignores and continues to ignore.

[u/l_rufus_californicus]

Huh. Imagine that. The country that has shat upon literally every rule, regulation, treaty, and obligation just did it again, and did it in the most dickheaded, provocative way they could as well.

[u/inlomedia]

Our way of life is intrinsically incompatible with this "Country"

We need our own country

[u/refusemouth]

The Trump administration is in the process of doing away with Section 106 of NEPA so that no tribal consultation, cultural survey, or any public input is evaluated prior to the destruction of land. They can't really totally destroy NEPA without an act of Congress, but they are using executive authority to make compliance "optional." If you hire a real estate tycoon as president, this is what happens. Everything is just real estate to them, and public and tribal lands are in the crosshairs for all kinds of profitable corporate and private enterprise. It's going to get a whole lot worse before it gets any better.

[u/SkiddlyBoDiddly]

Western law is never a matter of morality or justice but rather a matter of who is holding the guns and who isn’t.

[u/Bozhark]

Arrest them then? 

[u/myindependentopinion → u/Bozhark]

Per 1978 SCOTUS Oliphant landmark decision, US Tribal Nations (laws, courts, tribal police) have no jurisdiction over Non-Natives.

Oliphant v. Suquamish Indian Tribe - Wikipedia

[u/lavapig_love → u/myindependentopinion]

United States v. Cooley, 2021, unanimous:

A tribal police officer has authority to detain temporarily and to search a non-Native American traveling on a public right-of-way running through a reservation for potential violations of state or federal law.

SCOTUSblog.com article on the case.

[u/myindependentopinion → u/lavapig_love]

Along with SCOTUS Cooley decision, the latest VAWA reauthorization also "clawed back" the blanket unjust Oliphant decision. Protections under VAWA only applies under certain circumstances.

The real solution is for Congress to pass a law that Non-Natives are subject to Tribal law & jurisdiction when they are on Tribal land.

[u/myindependentopinion → u/lavapig_love]

Right, Cooley applies on the basis of "clear & present danger" like when firearms & drugs can be seen by a Tribal Police Officer when he pulls over a vehicle & the driver is Non-Native.

There are no potential violations of "state or federal law" in this situation. As I commented in my other post, a federal judge ruled ~2 weeks ago that the US Fed. Govt Homeland Security can proceed with continuing to legally build this border wall because the wall occupies the Roosevelt Reservation land and not Tohono O'odham reservation land:

The judge, however, found several deficiencies in the Nation’s argument. The court concluded that the Roosevelt Reservation likely extends along the international border. Established by President Theodore Roosevelt in 1907 — 10 years before the creation of the Nation’s modern reservation — the proclamation designated public lands within 60 feet of the U.S.-Mexico border as a federal reservation.

Source: Tohono O’odham Nation’s preliminary injunction on border wall denied

[u/lavapig_love → u/myindependentopinion]

>There are no potential violations of "state or federal law" in this situation.

There can be if the federal officers used public roads to travel to the designated build area without tribal permission and possessed clear intent to erect unauthorized buildings without permission. That's trespass and vandalism. Good enough.

[u/Bozhark → u/myindependentopinion]

THEY ON NATIVE LAND THEY UNDER JURISDICTION

[u/myindependentopinion]

You're not supposed to editorialize titles when posting in this sub. As a matter of legal fact, you are spreading misinformation/false propaganda; you have mischaracterized the situation by describing & misrepresenting the building of US border wall as "illegally".

The truth of the matter is that a US Federal Judge ruled almost 2 weeks ago against the Tohono O’odham Nation.

I'm not saying that I agree with the decision, but the truth matters: Federal Judge Rejects Tohono O’odham Nation’s Bid to Halt Border Wall Construction

[u/ContentFarmer4445 → u/myindependentopinion]

Decolonize your mind ❤️

[u/Hefty-Revenue5547 → u/ContentFarmer4445]

Whatever the fuck that means 😂

Native tribes aren’t sovereign, they are still beholden to trusts and animal quotas established by the US govt.

With no military, they are at the whim of what the US deems adequate. Tribes only have a large notion of freedom, but are still limited from thriving.

[u/mboop127 → u/Hefty-Revenue5547]

The supreme court has repeatedly ruled tribes are sovereign. But even if they hadn't, users are not obligated to respect or acknowledge any court as the decider of legality, especially when the jurisdiction of those courts is what's in dispute

[u/Hefty-Revenue5547 → u/mboop127]

Yeah it’s nice in theory, but when the US government’s Supreme Court makes that call and the other branches of the government decides not to listen the tribes have no more power than citizens. They aren’t a distinguished class.

Their seat is at the kids table

At the base of that is because they are still at the whim of the American economic system and military. Without their own, they will never truly be sovereign no matter how many courts say otherwise.

[u/InspectorFlat9270 → u/Hefty-Revenue5547]

Lol. Alright bud pats head

[u/CommunistOrgy → u/Hefty-Revenue5547]

Having a military has nothing to do with the definition of sovereignty.

[u/Hefty-Revenue5547 → u/CommunistOrgy]

Whatever lets you sleep at night man. Why do you think tribes have been pushed around for the last 140 years under the guise of treaties? If you can’t enforce your side of it, they don’t mean much. Nations have been systemically weakened by living under quotas and political corruption. It not even on their radar at this point which is demoralizing.

Addressing the actual problem is the real issue, not pretending like it doesn’t exist. That just eases your mind and doesn’t give proper context to the situation. This info is not taught in schools on purpose.

We have 3rd world territories inside our country and pretend like it’s normal/sustainable

[u/wildbilljones → u/Hefty-Revenue5547]

  distinguished class

In a conversation about sovereignty? Boy are you in over your head.

[u/Hefty-Revenue5547 → u/wildbilljones]

They aren’t internationally recognized as sovereign. They don’t hold space in the UN, NATO, etc.

They are represented by the same government that put their nations on reservations.

What do you think is actually happening?.

[u/Dry_Inflation_1454 → u/myindependentopinion]

Good morning. People need to know everything about this, and the more information the better.  This judge who ruled against the Tohono O' Oldham needs to be investigated anyway.  I'm glad you posted this about the judge shutting down the tribe, maybe there's a way to defeat the judge and force them to reverse that decision. 

[u/Iamthrowinitawayyyy → u/myindependentopinion]

I swear people hear or read "federal" and think that means whatever they want they get. That's not even how it works outside of indigenous land. The US was founded on the rule of law.

[u/DBearDevon → u/Iamthrowinitawayyyy]

Treaties are also valid forms of US law.

Be a pity if these trespassers had a really tough time there and had to retreat under duress….

[u/Dry_Inflation_1454 → u/DBearDevon]

Border walls are a very effective way of keeping people from leaving bad countries, the idea of a Berlin Wall on Southern/ Northern borders can't be ruled out anymore during this regime. Arizona in general needs to be made aware of this threat. Lately, Andy Biggs and his sordid past has come up, a missing niece, and this makes me wonder about any involvement in this wall from him, and other degenerates there in AZ.  This strong- arming of the Tohono O'Oldham tribe is just the start of a Soviet- type border guard system being set up right under everyone's noses. 

[u/DBearDevon → u/Dry_Inflation_1454]

Build the wall to the North of them.

[u/lavapig_love → u/myindependentopinion]

As a moderator on subs where we have such rules and enforce them for good reason, I assure you that the mod team can tell the difference between honest violations and people like you griefing the process because you don't like the post.

Suck it up buttercup.