The La Posta Band of Diegueno Mission Indians is one of 12 bands of Kumeyaay people.
A band of the Kumeyaay Nation whose native land spans both sides of the U.S.-Mexico border filed a federal lawsuit this week against the Trump administration seeking an injunction to stop further construction of the border wall through sacred, ancient burial lands.
The lawsuit filed in federal court in San Diego on Tuesday by the La Posta Band of Diegueno Mission Indians asks a judge to protect its religious and cultural heritage. La Posta is one of 12 bands of the Kumeyaay people.This summer, the Kumeyaay and their allies have tried to block the ongoing border wall construction by protesting and negotiating with U.S. Customs and Border Protection. CBP is the agency trying to complete Trump’s promise to build 450 miles of new wall along the 1,954-mile U.S.
“Construction has been temporarily halted at times as result of the protests, but the wall construction, including blasting, has been occurring at a swift pace. That is why we are filing the lawsuit,” said Michelle LaPena, an attorney at Rosette LLP, a majority Indian-owned national law firm representing tribal governments and tribal entities.Holm said a San Diego County medical examiner certified the material discovered as human, but the CBP insisted it was construction material or PVC pipe.
“Should culturally sensitive artifacts or human remains be identified during the San Diego border barrier project, CBP will coordinate with the appropriate tribes to determine an appropriate treatment plan and repatriation of artifacts and remains,” a written statement from CBP read in part. It was released by Stephenson in response to the lawsuit.He added the discovery of what could have been human remains was outside the immediate construction zone.
A tribal historic cemetery in Jacumba is also along the path of the planned construction. The project involves trenches at least 8 feet deep.CBP and Army Corps of Engineers need to access 20 to 30 miles of access roads around the project in order to build the 14 miles of new border wall, Holm said.
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