Morning Note

Theodore Roosevelt issued a proclamation in 1907 stating that all public land within 60 feet of an international boundary is under the exclusive control of the federal government. He said the policy was necessary “as a protection against the smuggling of goods between the United States and the Republic of Mexico.” 119 years later, Americans are still feeling its effects.

A federal judge in Arizona has cited Roosevelt’s proclamation in his decision to clear the path for new border wall construction, ruling that the government may use the first 60 feet of the Tohono O’odham Nation’s reservation for the project. The reservation’s border with Mexico extends over 60 miles. Members of the Tohono O’odham Nation had previously erected “no trespassing” signs in response to federal workers visiting the area.

“Given the national security and foreign policy considerations related to the border wall, deference to the government is warranted,” Judge Richard Leon said. He also noted that the Tohono Nation was not declared a reservation until after Roosevelt’s presidency.

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