Tohono Affirmative – ddi 2015 sws

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The Border Patrol illegally violate the sovereignty of the Tohono, and disrupt their culture with their abusive detentions and border regulation

Leza 9 (Christina, Approved Dissertation for doctor of philosophy, Anthropology,5/29/09, DIVIDED NATIONS: POLICY, ACTIVISM AND INDIGENOUS IDENTITY ON THE U.S.-MEXICO BORDER, Arizona University, Accessed 7/16/15, CH

Joseph Joaquin, an O’odham elder and Tohono O’odham Nation cultural resources specialist, states, “We were brought into this world for a purpose, to be the caretakers of this land.” Due to present border enforcement policies and procedures, however, “ancestors' graves are unvisited; relatives go years without seeing family; and fiestas, wakes, and ceremonial offerings go unattended. Elders, hampered from crossing for a number of reasons, fail to share traditional stories, and to pass on knowledge about the past, about plants and animals, and about caring for their desert home…” (Arietta 2004). Current border enforcement, therefore, severely disrupts the Tohono O’odham’s ability to fulfill their purpose and sustain the vitality of their community. Eileen Luna-Firebaugh (2005) argues that because border enforcement inhibits the right of O’odham people to move freely on Tohono O’odham traditional lands, “enhanced and restrictive border crossing procedures are an assault on indigenous sovereignty” and violate native religious freedoms guaranteed under federal Indian law.26 and advocated through international human rights law. Many O’odham make an annual pilgrimage to Magdalena de Kino in Sonora to honor St. Francis Xavier, an indigenous Catholic pilgrimage also carried out by the Yaqui. O’odham have also traditionally traveled to Baboquivari, the sacred mountain on O’odham lands north of the U.S.-Mexico border where I’toi, the O’odham Creator, resides. Such visits are now impossible for Mexican O’odham who lack travel documentation required by U.S. officials to cross the border into Arizona. Any movement through the desert is also difficult for O’odham in the U.S. who are often approached by Border Patrol to prove their identities as U.S. citizens. Traditional medicine men on both sides of the border lacking required travel documents are limited in their ability to attend healing ceremonies (Norrell 2009). Even when O’odham medicine men do hold the appropriate paperwork, they must give over their medicinal bundles to Border Patrol for search, disrupting the healing ceremony, according to one Tohono O’odham traditional medicine man voicing his concerns at an Alianza meeting earlier this year. According to Tohono O’odham activist Mike Flores, O’odham ceremonies that require movement across the U.S.-Mexico border, like the O’odham deer hunting and salt gathering ceremonies, are constantly disrupted by border official questioning and detention. As Flores states, “To be detained for eight hours disrupts the whole ceremony.” Two members of the Baboquivari Defense Project, and 26 In reference to the American Indian Religious Freedom Act of 1978. affiliated members of the Alianza Indígena, have also observed and spoken against Border Patrol presence in and damage to sacred areas of Baboquivari Peak.

Freeing border travel allows for the Tohono to maintain their culture.

Austin 91(Megan, Fall 1991, A CULTURE DIVIDED BY THE UNITED STATES-MEXICO BORDER: THE TOHONO O'ODHAM CLAIM FOR BORDER CROSSING RIGHTS, Arizona Journal of International and Comparative Law [Vol. 8, No. 2], Accessed 7/14/15) CH

This note discusses the sources of the right of the Tohono O'odham Indians to cross the international border separating the United States and Mexico. The first section of this note provides an historical background of O'odham traditional lands, including the effect on the Tohono O'odham people of the Treaty of Guadalupe Hidalgo and the Gadsden Purchase which established the international border. The effects of Spanish colonization, Mexican independence from Spain and the establishment of the border significantly changed the lands and the patterns of life of the O'odham people. The Tohono O'odham Tribe seeks legislation which will recognize the rights of the O'odham in Mexico and members of the Tohono O'odham Tribe to pass freely throughout their traditional lands without regard to the border and the restrictions imposed by immigration and customs laws. Border crossing rights are necessary to the Tohono O'odham peoples' freedom to sustain and develop their culture.

Border Crossing K2 culture.

Austin 91(Megan, Fall 1991, A CULTURE DIVIDED BY THE UNITED STATES-MEXICO BORDER: THE TOHONO O'ODHAM CLAIM FOR BORDER CROSSING RIGHTS, Arizona Journal of International and Comparative Law [Vol. 8, No. 2], Accessed 7/14/15) CH

Although much of the O'odham traditional lands have been taken away, the Tohono O'odham people still have firm spiritual and familial roots in these lands. The border constructs an artificial barrier to the freedom of the Tohono O'odham people to traverse their lands, impairing their ability to collect foods and materials needed to sustain their culture and to visit family members and traditional sacred sites. Specifically, immigration laws prevent many O'odham people from entering the United States from Mexico. Pursuant to these laws, United States immigrations officers can exclude immigrants and non-immigrants for not possessing certain types of documentation such as passports and border identification cards. Immigrations officers can deport "aliens" who do not carry those forms of identification. 18 Using these laws, the United States can detain and deport the Tohono O'odham people who are simply travelling through their own lands, practicing migratory traditions essential to their religion, economy and culture. Customs regulations have a similar effect. United States Customs officials may prevent the Tohono O'odham people from bringing from one part of their land to another raw materials and goods essential for their spirituality, economy and traditional culture. 2

The Tohono nation is a First nation that lies squarely on Arizona’s border with Mexico. It has been part of Tohono culture to move back and forth between what is now known (by the West) as the US-Mexico border.

Cowan, 3 (Margo, Margo is an immigration attorney and a former general counsel to the tohono, Native Americans and the U.S.-Mexico Border, In Defense of the Alien Vol. 26, accessed 7/13/15) TB

The Odham Nation is the second largest federally recognized American Indian nation in the United States. It has a federal trust land base in excess Of the size Of the State Of Connecticut in the United States and about that much land in the Republic Of Mexico. It sits squarely on the border Of Ari- zona and Mexico, a bit west Of Tucson and a bit south Of Phcx.nix. There are people and their legends are fascinating with regard to their cre- ation. The first historical fact that you need to know is that when the Spaniards and the Mexicans came north into the great Sonoran Desert the Tohono U dham welcomed them and taught them how to survive. Everybody but Tohono O'dham people find the desert to be very inhos- pitable and very difficult to comprehend. Tohono Udham people find the desert, Of course, to be beautiful and magnificent. When American pio- neers came west and south they also were welcomed by Tohono O'dham Indians and they were taught how to survive in the great Sonoran Desert. Now, Tohono O'dham people want you to know that because they find it pretty ironic that today members Of their nation are being arrested and incarcerated and prosecuted and deported and having their vehicles seized from their own lands. So that is really for them where the historical story begins. In 1853 the Tohono (Ydham Nation had a full-blown system of government. They had a System Of courts, a judicial branch, they had a very developed executive branch, they had a very developed legislative branch of government reaching down to the village level, with village councils that sent people up the line to participate in their legislature. And then, the united States and Mexico, these two interlopers that had come into the lands Of the Tbhono O' dharn Nation, sat down and decided to buy and sell Tohono CYdham land and create a border, a nation-state border, and for some odd reason they didn't invite the government of the Tohono Odham Nation to the table and I bet there's nobody in this room that can imagine what that reaWn is. But those Indians weren't invited to the table. The lands Of the Tohono CYdham Nation were divided right down the middle. Elders will tell you that the heart of the Tohono CYdham Nation was pierced in a formal way. That before that these strangers had come and they were welcomed and they left, but then, in 1853, these strangers came and actually had the audacity to sit down and say they could buy and sell mother earth, which can't be bought and sold, and create the nation-state border The next historical fact that you need to know is that in 1937, really beginning in 1936, the United States in her ultimate wisdom had the idea that the U.S. needed to organin the various Indian nations. And, of course, Tohono O'dham people will sort of step back and smile at this because they were already very well organized, and had been for ever and ever, but the United States sent out enumerators who went around and created what was called a base roll. And the base roll is the legal doc- ument that serves as the justification for recognition of the Tohono Od- ham Nation as a federally recognized nation by the United States. Those enumerators when they got down to the border — you are in the middle Of the desert, close your eyes and imagine you are in the middle of the desert; there are no fences and there are no signs Mexico and U.S. and any of that — kept going and those enumerators actually went all the way to Caborca in Mexico, which is about an hour south Of the U.S. / Mexican border, and enumerated as many unauthorized Tohono CYdhams as they could find and, based on that original census, the U.S. recognized the Tohono O'd- ham Nation as an American Indian nation. There were ceremonies and pictures of the chairman at the time shaking hands with the representa- tives for the United States who were then in the Department Of War. That was how they decided to relate to Native Americans in that era and you will be surprised to know that the chairman at the time representing the Tohono CYdham Nation shaking hands with these officials, U.S. officials, today would be an illegal alien and 48 percent of the Indians on that orig- inal base roll today would be illegal aliens because they were born on O'd- ham lands south Of the border. so, that's another important historical fact that we need to understand and appreciate in order to understand the sit- uation today.

The Identification system required by the Border Patrol projects western customs and beliefs onto the Tohono people, ignoring their customs.

Vanderpool, 3 (Tim Vanderpool, Special Contributer to the Christian Science Monitor, writer for Tuscon Weekly,4-30-2003, "A tribe's tale of three identities," Christian Science Monitor, CH

Born in Mexico, Antone is among 8,400 tribal members who grew up in remote, rustic villages along this international frontier without birth certificates or other documents. After serving with the US Marines and attending college, she returned to the reservation north of the border. Now she works as a counselor here in Sells, a dusty desert town that's home to the tribal government. But she still doesn't have US citizenship. Antone lives in a world that includes three nationalities: Mexican, American, and Tohono O'odham. "It gets confusing" she says. "But as O'odham, we're all one people, and we have one land." Now, freshmen Rep. Raul Grijalva (D) of Arizona wants to turn that concept into law. In a controversial move, he has introduced legislation that would grant US citizenship to all enrolled members of the tribe - including those living in Mexico. Supporters see the measure as a way to correct an "oversight" that was made more than 150 years ago. But critics see it as giving the O'odham a special privilege - and setting a dangerous precedent for immigration laws. The dilemma dates back to 1854, when the O'odham's ancestral homeland was halved by the Gadsden Purchase. Today, some 1,000 tribal members remain scattered among small villages in northern Mexico, while in the United States their reservation spans 4,500 square miles, including 60 miles of the US- Mexico border. No ID, no birth certificates Henry Ramon, vice chairman of the 25,000-member Tohono O'odham Nation, hopes Representative Grijalva's bill will correct a lingering injustice. "With our way of life here on the reservation, we don't always have documents," says Mr. Ramon. "We were born in our homes, and don't have [birth certificates]." Recent illegal immigration and security crackdowns on the border have increased the need for such documents: Not long ago, a group of O'odham traveling north from their Mexican homes for medical help on the reservation - services accorded them as registered tribal members - were summarily stopped at the border and detained for hours. Federal officials turned some back. Many reservation residents in the United States also lack the papers needed to travel back and forth, or even to prove they were born in this country. "My people have lived here since time immemorial," says Ramon. "But many O'odham right here on the reservation are considered illegal aliens" because they lack documents. Records of birth and death, he says, "were just passed down by word-of-mouth, from generation to generation."

The Border Patrol regulation of the border has a significant impact on the culture of the Tohono people. The people are better served without them.

Luna-Firebaugh 5 (Eileen, January 2005, Volume 19 Access to Justice: The Social Responsibility of Lawyers | Contemporary and Comparative Perspectives on the Rights of Indigenous Peoples, Washington University Journal of Law & Policy, ‘Att Hascu ‘Am O ‘I-oi? What Direction Should We Take?: The Desert People's Approach to the Militarization of the Border, Accessed 7/14/15) CH

The Tohono O’odham Nation has pursued a legislative approach for a number of years. On May 21, 1987, Representative Morris Udall (D-AZ) introduced House Bill 2506.56 This bill would have “provide[d] for establishment of a roll of the Tohono O’odham Indian people and clarif[ied] certain of their rights.”57 The bill empowered those on the new roll of the Tohono O’odham to pass freely across the U.S.-Mexico border and to live and work in the United States. The Reagan administration had serious misgivings about this bill. They wanted border-crossing privileges extended only to tribal members who were citizens of the United States, and a restriction of what services would be provided to Mexican O’odham while in the United States. The tribe agreed to compromise on these two clauses. A third clause became the sticking point. The federal government wanted the O’odham to cross only at official border crossings.58 While this may seem to be a minor point, for the O’odham it was an attack on who they are as a people and as a sovereign nation. The O’odham have been in the area since time immemorial. They have ancient migratory patterns and settlement sites that are important culturally and traditionally. Further, given the size of the Tohono O’odham reservation (roughly the size of Connecticut) this would require many Tohono O’odham to travel great distances to cross the border. The tribe is unwilling to give up these traditional crossing places on tribal land. When this dispute could not be resolved, the tribe requested that the sponsor of the bill pull it from consideration.59 This assertion of tribal sovereignty and commitment to tradition was to become a signpost of the struggle.

The Border Patrols denying the Tohono of their culture leads to social death and genocide.

Short 10(Damien, PHD and director of human rights at London University, November 2010, THE INTERNATIONAL JOURNAL OF HUMAN RIGHTS, Cultural genocide and indigenous peoples: a sociological approach, accessed 7/14/15) CH

For those indigenous peoples fighting to retain or regain their lands they are fighting for their life as distinct peoples since, for them, their spirituality and cultural vitality is based in and on and with their lands. If we take this point seriously when this relationship is forcibly interrupted and breaks down we can only conclude that genocide is occurring. Indeed, when indigenous peoples, who have a physical, cultural and spiritual connection to their land, are forcibly dispossessed and estranged from their lands they invariably experience ‘social death’ and thus genocide. Furthermore, when indigenous lands are used by extractive industries the inherent corporate preference for externalising environmental costs can lead to physical, as well as cultural destruction. The tar sands project is a prime example of this.

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The Border Patrol restricts culture and destroys artifacts

Leza 9 (Christina, Approved Dissertation for doctor of philosophy, Anthropology,5/29/09, DIVIDED NATIONS: POLICY, ACTIVISM AND INDIGENOUS IDENTITY ON THE U.S.-MEXICO BORDER, Arizona University, Accessed 7/16/15, CH

In August 2006 a grassroots indigenous organization named the Alianza Indígena Sin Fronteras (Indigenous Alliance Without Borders), held a series of events in Tucson, Arizona to educate the public on indigenous border concerns, to join with other concerned members of southern border indigenous communities, and to strategize for united indigenous social action on the border. The first of these events was a press conference held in a Tucson public library. At this press conference, Yaqui ceremonial leaders spoke of ceremonial items being mishandled and confiscated by border officials. They spoke of the problems faced by ceremonial leaders and participants in crossing the border for ceremonial activities. Yaqui and O’odham community members spoke about the loss of language and ceremonial knowledge in communities on both sides of the international border, and the need to strengthen cultural and ceremonial ties across the international line. Dennis Manuel, a Tohono O’odham elder and community activist working to protect the O’odham sacred areas of Baboquivari peak, stated that Border Patrol stationed on O’odham lands were driving through O’odham sacred areas, causing damage to the land and cultural artifacts in these areas. In a workshop hosted by the Alianza Indígena on the following Saturday, executive director of the Kumeyaay Border Task Force in California, Louis Guassac, spoke against the Department of Homeland Security’s plans for border wall construction that would “plow through” Kumeyaay ancestral gravesites. The Tucson border indigenous community events organized in August 2006 marked the beginning of a campaign launched by the Alianza Indígena Sin Fronteras to organize indigenous community action in support of national policy guidelines that 10 would protect indigenous peoples’ “rights of mobility and passage,” as well as indigenous environmental and cultural resources. Over two years later, border wall construction from California to Texas continues. The Secure Fence and Real I.D. Acts continue to allow the waiving of environmental and cultural protection laws for border wall construction and other “border security” measures. Over sixty-nine O’odham ancestral graves have been unearthed and cultural artifacts disturbed for border wall construction, and O’odham activist Dennis Manuel reports rumored plans for a new Secure Border spy tower to be constructed in the Baboquivari sacred area. Yet, the Alianza Indígena Sin Fronteras and its community partners continue to advocate for the rights of border indigenous peoples, and to speak against the current policies in place to enforce the international border line that divides their communities
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