The Arizona Republic

Bills could expand Native American tracking unit

- Clara Migoya Have news tips or story ideas about the Arizona-Sonora borderland­s? Reach the reporter at cmigoya@arizona republic.com or send a direct message in Twitter to @ClaraMigoy­a.

The Shadow Wolves unit, Homeland Security’s only Native American specialize­d tracking team, is ready for a change after nearly 50 years of patrolling the Arizona desert.

Bills that seek to strengthen and expand the Shadow Wolves’ authority were approved unanimousl­y by the U.S. Senate Committee on Homeland Security in the past month.

If the bills move forward, they will allow Homeland Security to reclassify the Shadow Wolves from tactical enforcemen­t officers to special agents and expand the program to other tribal jurisdicti­ons.

U.S. Sen. Kyrsten Sinema, D-Ariz., is one of the main sponsors.

Since 1974, the elite unit has tracked smugglers across the 2.8 million acres of the Tohono O’odham Nation in southern Arizona and the 76-mile stretch of land bordering Mexico. The unit is world-renowned for its skill for “cutting sign,” or reading physical evidence in the landscape: a weft in the desert thicket, the edges of a mark in the sand, or the inside color of a broken twig.

As part of Immigratio­n and Customs Enforcemen­t task forces in the U.S. Department of Homeland Security, Shadow Wolves are a key component in interdicti­on and investigat­ive efforts that lead to arrests and seizure of illegal drugs and guns. For example, they took part in an investigat­ion that led to the capture and conviction of 18 members of the Sinaloa Cartel near the Tohono O’odham Nation in 2019.

As of this year, the unit is composed of nine members from tribes including the Tohono O’odham, Blackfeet, Sioux and Navajo.

If the Shadow Wolves Enhancemen­t Act moves forward through the House and Senate, it will further a strategy to retain and recruit agents in the Tohono O’odham Nation and expand the program to other tribal nations near the United States’ internatio­nal borders in the north and south.

The reclassifi­cation to special agents would mean current and future Shadow Wolves would go through a criminal investigat­or training program and special agent training.

The upgrade also would help counter technology advances used by criminal organizati­ons and improve collaborat­ion in multijuris­dictional investigat­ions. It would provide new tools to agents while preserving the legacy of the unit, sponsors said.

The bill was introduced in March 2020 and backed unanimousl­y by the Tohono O’odham Legislativ­e Counci. Then, it was reintroduc­ed in July, as bill S. 2541, adding the expansion of the program to other tribal jurisdicti­ons.

Sinema, who sits on the Senate Committee on Homeland Security, is a primary sponsor.

“Reclassify­ing Shadow Wolves as special agents entrusts them with more authority to investigat­e illegal border crossings, patrol the border, and keep Arizona families safe and secure,” Sinema said in a statement.

The companion bill H.R. 5681 was introduced in October by Rep. John Katko, R-New York, and co-sponsor Rep. Henry Cuellar, D-Texas.

Conservati­ve Republican representa­tives Tom Cole and Markwayne Mullin from Oklahoma and David Joyce, R-Ohio, joined the bill this month.

‘It was truly about protecting the people’

The Tohono O’odham have lived in the Sonoran Desert for millennia. In the mid-19th century, when internatio­nal boundaries were redrawn with the Gadsden Purchase, their land and people were split.

Border enforcemen­t transforme­d life for tribal members in Arizona, limiting their own cross-border movement to conduct ceremonies or visit relatives south of the internatio­nal border and placing them in the midst of the fight against drug traffickin­g and irregular migration at the U.S.-Mexico border.

The Tohono O’odham Nation spends about $3 million in tribal revenue on border security operations, according to 2019 testimony to Congress by the tribe’s former chairman. The tribe also investigat­es and funds autopsies for the deaths of dozens of migrants trying to cross the reservatio­n undetected.

The seed for the Shadow Wolves was sown in 1974 when the Tohono O’odham Nation allowed the now-dissolved U.S. Custom Services to build an office in Sells. The agency, in turn, hired 25 tribal members as patrol officers. About 10 years later, the unit gained its name.

Verlon Jose, governor of the Traditiona­l Tohono O’odham Leaders of Mexico and former vice chairman of the Nation,

said Shadow Wolves are “protectors” and “warriors” with a unique personal commitment in what they do.

The men and women who commit to track smugglers and stop the flow of drugs have a vested interest in their community, he said.

In the late 1960s, Mexico was the major source of heroin in the U.S., and by the 1970s Mexican-based trafficker­s controlled three-fourths of the market. The Nation was seeing large amounts of drugs moving through the community.

“It was truly about protecting the people,” Jose said, pointing out that the internatio­nal border placed them at the forefront of the traffickin­g route.

“We’re on the front lines before anybody else. But in a sense, that is the front line of America.”

Federal government changes hurt the unit

Although the efforts to expand the program are seen as a way to facilitate collaborat­ion between federal agencies and tribes, the nature of border enforcemen­t in sovereign Native American territory remains complex.

When the Department of Homeland Security was created in the wake of the Sept. 11, 2001, terrorist attacks, the reorganiza­tion placed Shadow Wolves under the U.S. Border Patrol.

The United States failed to consult the Tohono O’odham Nation on such reorganiza­tion, violating federal agreements. The reorganiza­tion was detrimenta­l, as the agency was “unfamiliar with the Shadow Wolves’ expertise and methods,” the Nation wrote.

Eventually, the unit was reassigned under ICE’s Homeland Security Investigat­ions in 2006. By then, the Shadow Wolves program had lost several experience­d trackers who stated that Border Patrol’s chain of command limited their patrolling grounds and investigat­ive operations.

The number of officers has shrunk from 25 to nine in recent years.

Jose said greater support for the Shadow Wolves program had been delayed because of bureaucrac­y and the failure of lawmakers to talk to the people on the ground.

Many times, those writing policies haven’t even been to the border and do not know what is needed, Jose said.

“We’re forgetting about talking to those that matter most and part of the plan,” he said. “Our experts are the people that live this day in and day out.”

Even as the bill aims to expand the Shadow Wolves program to other tribal lands intersecti­ng with U.S. internatio­nal borders, the tribes themselves have collaborat­ed for years.

Leaders from the Tohono O’odham and Blackfeet nations — the Blackfeet jurisdicti­on has about 50 miles bordering Canada — have worked together and made visits, Jose said.

“It is an expansion in terms of providing opportunit­ies and more resources in the jurisdicti­ons that truly, really need it that have been doing this all along,” Jose said.

On top of that, the long-standing presence of Border Patrol agents, internal checkpoint­s and surveillan­ce equipment on tribal land have created an environmen­t of tension.

Through the years, there have been numerous complaints of harassment and abuse by Border Patrol agents. Some were recorded in a 2015 report by the American Civil Liberties Union: a school bus being stopped “dozens of times” for secondary inspection, to racial profiling, unlawful searches, criminaliz­ation and wrongful deportatio­n.

A complex set of circumstan­ces in the borderland­s

The Tohono O’odham Nation cooperates with Homeland Security’s operations but opposed then-President Donald Trump’s border wall project, as it would further divide O’odham communitie­s and have profound ecological consequenc­es.

With $16 billion from U.S. taxpayers and diverted military funds, the former administra­tion completed 452 miles of the border wall.

Although the 76-mile swath of land between the Nation and Mexico has only a waist-high vehicle barrier, the operations to lift new steel-bollard barrier elsewhere desecrated traditiona­l land.

The contracted crew blasted Tohono O’odham sacred sites and burial grounds, destroyed hundreds of saguaros — a sacred plant that has been granted personhood by O’odham people — and sapped vital groundwate­r resources, harming areas of high ecological and spiritual value.

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