American Indigenous citizenship in question

Indigenous Nations have always known this day would come. Tribes have endured centuries of brutal physical and political onslaughts in order to fight for our right to exist. Now, our right to live in our own country is being questioned. 

Trump issued a birthright citizenship executive order within the first days of his administration that has opened the door for the deportation of immigrants. It didn’t take them long to include Native American citizenship in this conversation.

It is Trump’s opinion that Native Americans should be included in the deportation of immigrants. Where are we going to be deported to? Montana? This is one poignant example of how poorly thought out our new President’s actions are and the lack of understanding his administration has of the many Indigenous people that have lived within the current boundaries of the United States for generations. 

In a court filing this week, the U.S. Justice Department defended Trump’s order suspending Native American citizenship. One thing wrong with this decree is that tribal nations have the exclusive authority to determine who is a member of their nation. 

The Department based its arguments on the 14th Amendment of 1884, which predates the Indian Citizenship Act of 1924. The Department’s argument hinges on the words “subject to the jurisdiction thereof” and contends that “because members of Indian tribes owe ‘immediate allegiance’ to their tribes, they are not ‘subject to the jurisdiction’ of the United States and are not constitutionally entitled to citizenship.” 

The Department cited Elk v. Wilkens, 112 U.S. 94 (1884), in support of its argument. John Elk, an enrolled Winnebago, renounced his allegiance to his Tribe, moved off the reservation, and tried to register to vote.  

When he went to register to vote in April, 1880, he claimed birthright citizenship under the Citizenship Clause of the 14th Amendment. He was denied. Although Mr. Elk was born in the United States, he was not considered a citizen and not subject to the jurisdiction of the United States because he was born on an Indian reservation. Based on this precedent, the Department’s filing this week claimed, “…birth in the United States does not entitle a person to citizenship. The person must also be ‘subject to the jurisdiction of the United States.’”

A lot has changed since 1884. The Department has overlooked nearly 150 years of federal Indian law and policy. As an Indigenous Montanan, your head must be reeling. First, the Department’s total lack of knowledge of Indian Law and basic Indian history is astonishing. Second, this throws open the doors to all kinds of scenarios, the least of which is the undoing of 150 years of racist, discriminatory, and one-sided federal Indian law and policy. Every one of the unmet treaty obligations, allotment of land, and abuse of children in Indian boarding schools, to name a few, could now be litigated in tribal, state, and federal courts. Tribes have the capacity, capability, and tools to argue for our rights.

Yes, fighting this battle would cost the states and federal government billions of taxpayer dollars. So be it. Montana’s indigenous people predate the United States by 25,000 years and will be here when this Republic ceases to exist. 

——

Sen. Susan Webber, Blackfeet

Sen. Shane Morigeau, CSKT

Sen. Jonathan Windy Boy, Rocky Boy

Sen. Jacinda Morigeau, CSKT

Rep. Tyson Running Wolf, Blackfeet

Rep. Shelly Fyant, CSKT

Rep. Donovan Hawk, Crow

Rep. Mike Fox, Fort Belknap

Rep. Thedis Crow, Blackfeet