Tribal disenrollment

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In the United States, tribal disenrollment is a process by which a Native American individual loses citizenship or the right to belong within a Native American tribe. [1]

Contents

Some native scholars have argued that although belonging in Native nations was historically a matter of kinship, it has become increasingly legalistic. [1] [2] Research found that nearly 80 tribes across 20 states have engaged in disenrollment as of 2016. [1] While some tribal leaders assert that disenrollments are meant to correct tribal rolls and protect the integrity of the tribe, [3] [4] others argue that empirical data shows they are politically and economically motivated. [1] [5] [4] [6]

Article 9 of the UN Declaration on the Rights of Indigenous Peoples states: "Indigenous peoples and individuals have the right to belong to an indigenous community or nation, in accordance with the traditions and customs of the community or nation concerned." No discrimination of any kind may arise from the exercise of such a right. Article 33 of that UN states that "Indigenous peoples have the right to determine their own identity or membership in accordance with their customs and traditions." [7] [8] Individual and tribal rights clash in the disenrollment context.

In the United States, it is entirely up to the tribes to determine the criteria and procedures that an individual must meet and undergo to be considered for tribal membership. [9] Most tribes do so pursuant to artificial tribal membership standards meted out by the U.S. Congress pursuant to the Indian Reorganization Act of 1934, most notably blood quantum. [10] Between 1904 and 1919, tribal members of mixed African and Native American ancestry were disenrolled from the Chitimacha tribe of Louisiana, and their descendants have since then been denied tribal membership. [11]

Examples of disenrollment

In 2016 a website called "Stop Disenrollment" was set up by Native Peoples. [52] [53]
In 2017 it is reported that an estimated 9,000 members of 72 native tribes have been disenrolled [54] [55]
In 2020 it is estimated that nearly 10,000 members of 85 [out of 574 federally acknowledged tribes] have been disenrolled over 15 years. [56]

See also

Related Research Articles

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The Chippewa Cree Tribe is a federally recognized tribe on the Rocky Boy Reservation in Montana who are descendants of Cree who migrated south from Canada and Chippewa (Ojibwe) who moved west from the Turtle Mountains in North Dakota in the late nineteenth century. The two different peoples spoke related but distinct Algonquian languages.

<span class="mw-page-title-main">Nooksack people</span> Indigenous people of North America

The Nooksack are a federally recognized Native American tribe near the Pacific Northwest Coast. They are a sovereign nation, located in the mainland northwest corner of Washington state in the United States along the Nooksack River near the small town of Deming, and 12 miles south of the Canadian border. As of 2008, they had more than 1,800 enrolled members. Their terms for citizenship include descent from persons listed in a 1942 tribal census.

<span class="mw-page-title-main">Chitimacha</span> Indian tribe in Louisiana, United States

The Chitimacha are a federally recognized tribe of Native Americans who live in the U.S. state of Louisiana, mainly on their reservation in St. Mary Parish near Charenton on Bayou Teche. They are the only Indigenous people in the state who still control some of their original land, where they have long occupied areas of the Atchafalaya Basin, "one of the richest inland estuaries on the continent." In 2011 they numbered about 1100 people.

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<span class="mw-page-title-main">Blood quantum laws</span> American laws of race

Blood quantum laws or Indian blood laws are laws in the United States that define Native American status by fractions of Native American ancestry. These laws were enacted by the federal government and state governments as a way to establish legally defined racial population groups. By contrast, many tribes do not include blood quantum as part of their own enrollment criteria.

<span class="mw-page-title-main">Black Seminoles</span> Ethnic group

The Black Seminoles, or Afro-Seminoles, are an ethnic group of mixed Native American and African origin associated with the Seminole people in Florida and Oklahoma. They are mostly blood descendants of the Seminole people, free Africans, and escaped former slaves, who allied with Seminole groups in Spanish Florida. Many have Seminole lineage, but due to the stigma of having mixed origin, they have all been categorized as slaves or freedmen in the past.

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<span class="mw-page-title-main">Cherokee Nation</span> Native American tribe in Oklahoma, United States

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<span class="mw-page-title-main">Native American recognition in the United States</span>

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<span class="mw-page-title-main">Choctaw freedmen</span> Native American tribal membership dispute

The Choctaw freedmen are former enslaved African Americans who were emancipated and granted citizenship in the Choctaw Nation after the Civil War, according to the tribe's new peace treaty with the United States. The term also applies to their contemporary descendants.

<span class="mw-page-title-main">Seminole Nation of Oklahoma</span> Native reservation

The Seminole Nation of Oklahoma is a federally recognized Native American tribe based in the U.S. state of Oklahoma. It is the largest of the three federally recognized Seminole governments, which include the Seminole Tribe of Florida and the Miccosukee Tribe of Indians of Florida. Its citizens are descendants of the approximately 3,000 Seminoles who were forcibly removed from Florida to Indian Territory, along with 800 Black Seminoles, after the Second Seminole War. The Seminole Nation of Oklahoma is headquartered in Wewoka within Seminole County, Oklahoma. Of 18,800 enrolled tribal citizens, 13,533 live in Oklahoma. The tribe began to revive its government in 1936 under the Indian Reorganization Act. While its reservation was originally larger, today the tribal reservation and jurisdictional area covers Seminole County, Oklahoma, within which it has a variety of properties.

Creek Freedmen is a term for emancipated Creeks of African descent who were slaves of Muscogee Creek tribal members before 1866. They were emancipated under the tribe's 1866 treaty with the United States following the American Civil War, during which the Creek Nation had allied with the Confederate States of America. Freedmen who wished to stay in the Creek Nation in Indian Territory, with whom they often had blood relatives, were to be granted full citizenship in the Creek Nation. Many of the African Americans had removed with the Creek from the American Southeast in the 1830s, and lived and worked the land since then in Indian Territory.

The Pechanga Band of Indians is a federally recognized tribe of Luiseño Indians based in Riverside County, California, where their reservation is located. As of 2006, there were 1,370 members of the nation. The tribe owns the Pechanga Resort & Casino in Temecula and the naming rights to the San Diego sports arena now known as the Pechanga Arena.

<span class="mw-page-title-main">Picayune Rancheria of Chukchansi Indians</span>

The Picayune Rancheria of Chukchansi Indians of California is a federally recognized tribe of indigenous people of California, affiliated with the Chukchansi subgroup of the Foothills Yokuts. The Picayune Rancheria, founded in 1912 and located in Coarsegold, California, covers 160 acres (1 km2) in Madera County and serves as the tribal land.

<span class="mw-page-title-main">Luwana Quitiquit</span>

Luwana Quitiquit was a Native American administrator, activist, and basket weaver. During the Occupation of Alcatraz she worked as one of the cooks who provided food to those living on the island. Her career was as an administrator for various California Indian organizations. Subsequently, she became a well-known doll maker, basketweaver, jeweler, and teacher of Pomo handicrafts. In 2008, she and her family were disenrolled from the Robinson Rancheria of Pomo Indians of California. She fought the action claiming it was politically motivated until her death. Posthumously, in 2017, her membership, as well as for her other family members, was reinstated in the first known case where a tribe reversed its decision on membership termination without a court ruling.

<span class="mw-page-title-main">Northern Narragansett Tribe</span>

The Northern Narragansett Indian Tribe of Rhode Island is an unrecognized tribe in Rhode Island, founded by formerly enrolled members of the federally recognized Narragansett Tribe, who were removed from the tribal rolls in the group removals of 1993 and 2006. The tribe acquired 501(c)(3) status in 2010.

References

  1. 1 2 3 4 Wilkins, David; Wilkins, Shelly Hulse (2017). Dismembered : native disenrollment and the battle for human rights. pp. 3–4.
  2. Dunaway, Jamie (June 12, 2018). "The Fight Over Who's a "Real Indian"". Slate.
  3. Norman, William R; Kickingbird, Kirke; Bailey, Adam P (2017). "Tribal Disenrollment Demands a Tribal Answer". Human Rights. 43 (1): 12–15. JSTOR   26423467 via JSTOR.
  4. 1 2 Abramoff, Malka; Villarreal, Mireya; Yamashita, Seiji; Alvim, Leda (April 20, 2022). "Native Americans facing disenrollment fight to remain with tribes". ABC News. Retrieved January 6, 2024.
  5. Jarvis, Brooke (2017-01-18). "Who Decides Who Counts as Native American?". The New York Times. ISSN   0362-4331 . Retrieved 2024-01-06.
  6. Hilleary, Cecily (March 3, 2017). "Native American Tribal Disenrollment Reaching Epidemic Levels". Voice of America News.
  7. "UN Declaration of the Rights of Indigenous Peoples" (PDF). UN. Retrieved September 1, 2016.
  8. "Native News on Line Feb 2016 "Tribal Disenrollment the new line of genocide".
  9. Santa Clara Pueblo V Martinez, 436 U.S. 49 (1978)
  10. "Tribal Enrollment and Genetic Testing - Genetics". genetics.ncai.org.
  11. "Lalosttribe Resources and Information". ww16.lalosttribe.com.
  12. "Disenrollment". April 7, 2016.
  13. "Indian Country today July 28, 2015". 28 July 2015.
  14. Stern, Theodore (1952). "Chickahominy: The Changing Culture of a Virginia Indian Community" (PDF). Proceedings of the American Philosophical Society. 96 (2): 157–225. JSTOR   3143721.
  15. "Lalosttribe Resources and Information". ww16.lalosttribe.com.
  16. "Indian Country Today 12/09/2013".
  17. "Grand Ronde Tribes disenroll 86 descendants of treaty signer". Indianz.
  18. "Indian Country Today August 9, 2016". 9 August 2016.
  19. "Descendants of treaty signer back on rolls of Grand Ronde Tribes". Indianz.
  20. "Indian Country Today May 3, 2016". 24 November 2012.
  21. Indian Country Today April 26, 2017
  22. 1 2 3 4 Opinion, I. C. T. (9 February 2020). "US must help stop disenrollment". Indian Country Today.
  23. "Mattaponi adopt dueling tribal constitutions in leadership fight". 10 May 2023.
  24. "Muscogee Creek Freedmen file lawsuit to restore citizenship". Indianz.
  25. Disenrollment
  26. "Indian Country Today 3/3/2014".
  27. "Indian Country Today June 29, 2016". 29 June 2016.
  28. "Indian Country Today August 11, 2016".
  29. "Nooksack Tribe creates new court and puts chairman in charge". Indianz.
  30. "Nooksack Tribe tries to evict family amid mass enrollment purge". Indianz.
  31. "Nooksack Tribe elects felon as chairman after kicking out 306 people again". Indianz.
  32. Fletcher, Matthew L. M. (December 13, 2011). "On Tribal Disenrollments and "Tolerance"".
  33. "First Nations News & Views: 'Twilight' rips off Indians, Hate Crime Ignored, Jon Kyl's Water Deal | Native American Netroots".
  34. "9th Circuit won't interfere in Pala Band's disenrollment dispute". Indianz.
  35. Indian County Today January 2017
  36. 1 2 "Supreme Court turns down another tribal disenrollment dispute". Indianz.
  37. "Blood Feud".
  38. people disenrolled
  39. "Native American Tribal Disenrollment Reaching Epidemic Levels | Voice of America - English". www.voanews.com. 3 March 2017.
  40. Sierra Starr Sept 28, 2011
  41. The Chukchansi casino faces closure in 2014 for non-submission of audits
  42. Coleman, Arica L. (2013). That the Blood Stay Pure. Indiana University Press. ISBN   978-0-253-01043-8. JSTOR   j.ctt16gzn5n.
  43. "50 Years Later, the Couple at the Heart of Loving v. Virginia Still Stirs Controversy". 12 June 2017.
  44. remembering rancheria chairman 2012
  45. "EVEN the DEAD Can't Escape Disenrollment at Redding and Pechanga: Wilkins".
  46. VOA News 'Native American Tribal Disenrollment Reaching Epidemic Levels" March 3,2017 Cecily Hilleary"
  47. "Saginaw Chippewa Indian Tribe members protest pending disenrollment cases". www.cm-life.com.
  48. "Saginaw Chippewa Tribe starts disenrollment proceedings again". Indianz.
  49. "Dept. Of Interior's Larry Echo Hawk Rules 60 members of San Pasqual Band Are to Be Ousted".
  50. "Indian Country Today 10/14/2011". 14 October 2011.
  51. "St. Croix Chippewa Tribe removes 10 people from rolls amid debate". Indianz.
  52. Indian Country Today February 8, 2016
  53. "STOP DISENROLLMENT". stopdisenrollment.com.
  54. Indian Country Today January 2017
  55. Indian Country Today March 28,2017
  56. Pool, Press (7 February 2020). ""Stop Disenrollment" visual advocacy campaign resumes Monday". Indian Country Today.