The Trump administration’s use of the Real ID waiver powers means that the Tohono O’odham have not been able to take their fight to court. Due to the political climate of heightened fear about illegal immigration and divisive public opinions about border enforcement, there is a strong chance that any litigation about the border wall would not end in the Tohono O’odham Nation’s favor. The Real ID waiver ensured that the rushed construction without the usual environmental and cultural protection procedures could be completed legally.
If President Trump is not reelected in November 2020, it is possible that the new presidential administration would not use the Real ID waiver and would adhere to laws that could protect Tohono O’odham interests. The presumptive Democratic presidential nominee, Joe Biden, has stated that no more of the border wall would be constructed under his administration.1CBS Austin, “Biden says ‘not another foot’ of border wall would be constructed by his administration,” abc 15 News online, August 10, 2020, https://wpde.com/news/nation-world/biden-says-not-another-foot-of-border-wall-would-be-constructed-by-his-administration-08-10-2020. A change in administration could be the Tohono O’odham Nation’s best hope for the protection of their travel, connections with relatives, and the life of their ancestral lands and resources.
