The San Miguel gate, located in the Tohono O’odham Nation (“People of the Desert”; hereafter TON), has allowed tribal members to continue to roam in the lands of the Sonoran Desert that is now divided between the U.S. and Mexico. Passage through San Miguel was for several years not complicated and allowed passage both by foot and by vehicle. The first major closure occurred in late 2016, when a unnamed Mexican private property owner (PPO) built an additional gate and fencing on his own accord and closed passage off via vehicles, allegedly because of private concerns related to drug cartels. TON members brought this issue to the Mexican consulate, whose response was that “[they were] not able to enforce or to directly investigate such matters.” TON members protested the closure, as several family members could no longer visit each other, pilgrimages to sacred sites became difficult to arrange, and access to groceries became restricted. Tribal members are still allowed in by-foot, but opening of the gate is sporadic and has contributed to several adverse effects. Vehicles have continued to be banned since 2016 and CBP enforces this request, assumingly on the private property owner’s behalf.

Western Apache Natives know the land at Oak Flat, also known as Chi’chil Biłdagoteel, in Phoenix, Arizona as part of their home. The natives have used the land for centuries to conduct ceremonies, which are part of their religious and tribal belief that are tied specifically to Oak Flat. The problem that comes from Oak Flat is that the land is situated on top of a massive deposit of copper, around 20 million tons of it valued at around $200 billion. In 1955, President Eisenhower closed off all mining operations on Oak Flat, which was later reaffirmed in 1971, and since then, the area has been used by the tribe and other ancestors with the guarantee that their rights to the land would not be intruded upon.