Construction of the border wall has indeed disrupted Native American remains, as tribal leaders had cautioned, and their concerns have proven valid.
In August, Lorraine Eiler stood in the Organ Pipe Cactus National Monument and warned that border wall construction would disturb the remains of her Hia-Ced O’odham ancestors. Fifteen days later, ProPublica confirmed that Native American remains had been unearthed in the area.
The National Park Service said the remains were discovered on September 8 and confirmed to be human by the University of Arizona. The agency stated it was working to identify the affiliated tribe and ensure the respectful return of the remains.
A history of tensions and destruction
This discovery comes amid ongoing tensions between the Department of Homeland Security and tribal communities in the Sonoran Desert. In April, border wall contractors bulldozed through the Las Playas Intaglio, a 6,500-year-old earthen etching. The Tohono O’odham Nation is fighting a $1.3 billion border wall project in federal court, with DHS deploying masked agents and aerial surveillance in response.
The Real ID Act, passed after 9/11, allows DHS to waive laws that might slow border wall construction. Since then, DHS has invoked this power 66 times, with 60 instances under President Trump. In 2019, a waiver set aside over 40 environmental and cultural protection laws for the Organ Pipe project, including the Native American Graves Protection and Repatriation Act.
The Quitobaquito Springs, a desert oasis near the border, holds significant cultural and historical value for the O’odham people. A 2019 report identified nearly two dozen archaeological sites in Organ Pipe at risk of damage from construction.
A pattern of destruction
The disturbance of tribal graves is not an isolated incident. David Martínez, a professor and tribal member, notes that such incidents have occurred repeatedly across tribal lands. Eiler sees this as part of a broader pattern of destruction, stating, “It’s happening all over the United States, and nobody’s saying much about it.”
Construction on the border continues, with a $443 million contract awarded to Sundt Construction for a second wall in Organ Pipe. The 2019 waiver remains in effect, and a second waiver was issued in 2023. Advocates in Arizona are pushing for legal interventions, while Congresswoman Grijalva prepares legislation to void existing waivers.
A 2024 report noted that a cemetery at Quitobaquito holds the remains of at least two families, including Eiler’s, and 34 graves.
Legal battles and ongoing construction
Dinah Bear, a lawyer who served for 25 years as a senior attorney in the White House’s Council on Environmental Quality, noted that there is no end date to the effectiveness of the waivers.
According to ProPublica’s NAGPRA database, throughout the region, remains of 5,500 ancestors that were displaced have been made available for return to the Tohono O’odham Nation.
