21,977 California Indian applications were approved under the act of 1928. About 584 applications were approved on the 1928 California Indian Judgment Roll as “Unknown Tribe,” 97 approved as “Tribe Not Given” 70 approved as “Mission Tribe” and 5 approved as “California Tribe.”
The BIA has wrongfully assigned some of these Native applicants in wrong tribes, changed their blood quantum, and have been withholding and redacting their historical errors.
Note: the records from the National Archives are inconsistent with BIA records on these 1928 applications.
Effective today, the BIA cannot redact or withheld any information on the 1928 applications and must show to the public, upon request, each applicant’s determined tribal affiliation and correct blood degree.
12 comments:
Congrats to Emilio! This is especially useful information for the Chalon Tribe, who was erroneously told by the BIA for decades that they were Chumash or unspecified Costanoan/Ohlone.
This has been going on for years and years. Depends on who is hired to calculate at the BIA. Problem has been that it takes soooooo long to get it corrected. Hoping that changes now...……!
Good work Emilio!
Great work, Emilio! I am hoping that means that the BIA now has to issue each of our family members a letter stating that we are CHUKCHANSI (as that is what my grandmothers 1928's states her as) instead of the all encompassing YOKUTS title--which they say they have to do, with no mention of CHUKCHANSI, ever since we were disenrolled from Picayune more than a decade ago-- regardless of the fact that we are clearly stated as CHUKCHANSI on all 1928 documents of our lineal relations...
The disenrollments in Pala are based on the 1928 rolls (Robert's excuse to the tribe), even though it is against the constitution to use those rolls. Only the Britten family is judged by the 1928 rolls though. Everyone knows that many families would be on the chopping block if all families were judged from the rolls. Now it is proved that they can not be depended on, when we have been saying that forever. The BIA is the worst entity, they do not help Individual Indians at all, they are rude when you talk to them, they take forever to get to your request, they contact Robert the second someone asks for their Blood Degree from Pala, they lie about where your paperwork is, they fail to release or hand in all paperwork when required to, and they lose registered mail. They know the only way to fight them is to take them to court, and they know the government will provide attorneys who rarely lose. So they pretty much can do whatever they please. They never admit fault.
I think that the BIA is worried because they have told so many lies that they can't remember which lie covered which Tribe and that a person as persistent as Emilio Reyes is in finding the truth about there corruption will expose them for what they really are, "WORTHLESS".
@ 11:39pm is correct robert used the 1928 rolls (even though the Pala Constitution says you must use the 1895 and 1913 rolls) both of which state Margarita Britten as FULLBLOOD CUPENO. My guess is Robert amended the enrollment ordinance to say the enrollment committee meaning him can use other dates and documents for enrollment purposes if necessary. The 1928 rolls were banned for enrollment purposes because they are incomplete. Robert gets to pick and chose what he wants to use for enrollment to suit his needs. If 99 documents say you qualify and 1 says you don’t he will use the 1 against you or to enroll you if you support him. Robert is using the part of the 1928 rolls that doesn’t state MB blood degree just says Cupeno and it doesn’t list her father but her daughter is listed as 1/2 Cupeno on it and there are other documents that state she is FULLBLOOD CUPENO and who her father is. There are even probate’s from other tribal members “Warner ranch evictee’s” that say who MB’s father is. These documents have been sent to Robert,Nieto, and the rest of the EC several times over the years but they refuse to look at them or at the disenrollments.
That's what I also herd and smith has to hurry up before his partner Amy Deutchke leaves and retires from the BIA.
I wonder if Smith will hire her to work for the Tribe when she leaves the BIA or will she work for the Mafia in the counter fit dept.
Since Robert used the 1928 rolls to disenroll what happens when the BIA fixes the blood degree like it is supposed to.
Then MB's degree will show as 4/4 like it should have in the very beginning on the 1928 rolls.
Letter dated/received July 13, 2011 Robert Smith received a letter from Dept of Interior per his** requesting information for enrollment applications for the following individuals on 1928. Agency receipt of this letter was June 27,2011.
The individuals for this request were named as follows:
1. Vivian Trujillo Banks
2. Esperanza Brittain Trujillo
3. Fildeo and Defredia Trujillo Magee
Enclosed are copies of the 1928 applications from the 1928 California roll of Indians. Please be advised these applications do not denote tribal membership of enrollment. “That’s because Pala cannot use the 1928 California Indian rolls for enrollment purposes and the dept of Interior reminded smith of this. He requested these June 2011 and had the first disenrollment July 2011.
There is also a ducument between Stan Mcgarr “Pala Secretary at the time” and Barbara Gonzales-Lyons Vice-Chair of Cahuilla where Barbara was requesting Margarita Brittain and her children’s blood degree for enrollment of their members that have Brittain blood.
**The Pala Allotment Roll (PAR) approved by the secretary of Interior November 3, 1913 and the Pala census (PC) for the year 1919, show Margarita Britten to be of the following:
1. Female, (PAR), (PC)
2. Village, Kupa (PC)
3. 4/4 Degree Indian Blood (PAR)
4. All children to be 1/2 Degree Indian Blood (PAR)
The (PAR) and (PC) are acknowledged by the Pala Band of Mission Indian Tribe to be true and the tribe agrees with the degree of Indian blood in these records.
Nobody is disputing a tribes sovereign right to determine its own membership which means a tribe can set the criteria for enrollment and then every member must qualify based on the enrollment criteria. In Pala that’s not what’s happening and the BIA should be able to step in and not trample on Pala’s right to determine its own membership. You see Soboba, Cahuilla, Morongo, and Pala all enroll Margarita Brittain descendants but only Pala enrolls with MB listed as 1/2 Cupeno and the other 3 tribes enroll with her as 4/4 Cupeno the way it has always been. So even tho a tribe can determine the qualifications for enrollment who determines natives blood degree?? Isn’t the BIA suppose to be the record keepers of all natives and have a central data base where each original allotee and every native has their blood degree on file? This should be the final say on natives blood degree and then each tribe can enroll members using whatever qualifications they like but all have to use the same data base for Native Americans blood degree. Pala has enrollment qualifications which are a direct descendant of an original allotee in the 1895 or 1913 rolls and at least 1/16 Cupeno. In order to make the disenrolled not meet these qualifications they lowered Margaritas blood degree and never gave the tribe or BIA a reason why??? So the BIA is not interfering with Pala’s enrollment by demanding they list MB as FULLBLOOD like the BIA,Dept of Interior records state. They are not telling Pala to change their enrollment criteria just that they have to be correct and accurate when using natives blood degree and lineage. A birth certificate and census is not something you can just change it is fact and every tribe should have to use the correct data. Imagine your state Governor made a law that only Mexicans can live in California. That is California setting the rules for who can live in their state (like a tribes membership). Your mom is Mexican and your dad is white so you could live in California but then the Governor says no your not Mexican your only white you need to leave the state. Even tho you have documents and census records stating your race over the years the Governor doesn’t have to accept it or even look at it. Or he does look at it and says this is incorrect you are only white not Mexican so you need to leave California. Same thing that is happening in Pala. If the Federal government said its California’s choice to decide who can live there and they can’t interfere. The Federal government isn’t really interfering in California’s law by looking at your records and telling California you are half Mexican and it is a fact so they need to list you as such. Now then if California has to except the truth that you are Mexican and can stay in the state then it is also their right to change the law so that only Irish can live in the state and the Fed’s can’t intervene that is California’s right. As long as they use the correct census for every person and not change them to suite their needs like in Pala.
I hope that all of you that sit on different boards with the Chairman in Pala really see him for what he is.
He is a liar, a cheat, very corrupt and will do what ever it takes to make him a big man in your eyes.
He is known to buy his way into different boards by donating heavy with Tribal funds to make him look good.
Don't be fooled by this fraud of a man, kick his ass to the curb before he has a chance to drive you and your friends into the ground so deep that you will never be dig your way out.
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