Sunday, April 30, 2023

Saginaw Chippewa ENDS DISENROLLMENT ACTION Against MAYS FAMILY

 BOOM!   JUSTICE for Saginaw Chippewa family as tribe DROPS their disenrollment actions against them.

An Isabella County family that has been fighting Saginaw Chippewa Indian Tribe disenrollment since the 1990s has won a third case with the help of genealogists and their longtime, Mt. Pleasant attorney.

Through its attorney, Shawn R. Frank of Jacobson, Buffalo, Magnuson, Anderson and Hogan of St. Paul, the Tribe agreed March 17 to drop the latest disenrollment action against the Mays family.

“The Tribe and their certified genealogist have…determined to not pursue further disenrollment action,” according to the order from the Saginaw Chippewa Indian Tribe Office of Administrative Hearings.

Attorney Paula Fisher said the family was targeted “on and off” since and that they were first accused of not tracing to the Saginaw Chippewa Tribal Constitution base rolls, and the Tribe agreed that they collaterally traced to them in 2009, resulting in the dismissal of that case with prejudice, meaning that should have ended further actions.

“Then, in 2014, the Tribe changed their laws and made dismissal with prejudice meaningless by challenging the Mays family yet again and asserted that the Mays family needed to trace lineally to the Tribal Constitutional base rolls,” Fisher said. “The Mays family next proved that they did lineally trace when the Office of Administration hearings granted the May’s family’s motion (to dismiss the case) in 2017.”

Read the full story at the MORNING SUN here  and KEEP WORKING FOR JUSTICE!

Letter to Senate Indian Committee on Tribal Disenrollment and Protecting ALL Native Americans

Dear Senator,

I am writing to bring attention to the urgent issue of tribal disenrollment and the abuse of Native American people by their own tribes. This is a matter of great concern and requires immediate action to protect the rights and well-being of Native Americans.

It is the responsibility of the United States government to ensure that the rights of all Native Americans are protected. This responsibility extends beyond just the Chiefs and Chairman of tribes, but to all members of Native American communities. The government has a duty to intervene when tribes are abusing their own people, particularly when disenrollment is being used as a tool for power and control.

Tribal disenrollment has become a widespread problem throughout Indian Country, and it has devastating consequences for those who are disenrolled. These individuals lose their tribal membership, their identity, and their rights as Native Americans without review or protection by the Federal Government. They are often cut off from vital services, such as healthcare and education, and may be forced to leave their homes and communities.

The process of disenrollment often violates tribal laws, traditions, and values. Many tribes have their own legal systems that have been developed over centuries, and these systems must be respected and followed. When tribes disregard their own laws and ignore evidence in order to disenroll their own people, they are perpetuating a cycle of abuse and disrespect.

We call upon the United States government to take action to protect Native Americans from these abuses. The government should create a task force to investigate instances of tribal disenrollment and ensure that the rights of ALL Native Americans are being protected. Additionally, the government should work with tribes to develop procedures that ensure due process and fairness in disenrollment cases.

It is time for the United States government to fulfill its responsibility to Native Americans and protect them from the abuses of their own tribes. We must work together to ensure that all Native Americans have access to their rightful identity, history, and heritage.

Sincerely,

Thursday, April 27, 2023

Native American Leaders Must Act Now Against Disenrollment: Have You No Sense of Decency

BE A LEADER




Native American Tribal Leaders, at long last, have you left no sense of decency? As elected officials, you have a responsibility to protect the rights of your citizens, and that includes the right to their tribal citizenship and heritage.

Disenrollment is a tragic stain on the very fabric of tribal sovereignty and self-governance, and it is up to you to put an end to it. The harm that disenrollment has caused to families and communities is immeasurable and goes against the fundamental values of Native American cultures. 

It's time to take a stand and say enough is enough.

Let us not be remembered as the generation that destroyed the very foundations of our people's heritage and identity.  Let's restore the ancestors to their rightful place in tribal history.

Why The Scourge of Tribal Disenrollment is a Human Rights Issue Every Native Should Care About

As long as I am disenrolled, I will continue to fight for my ancestors rights and my descendants, and I will keep asking for YOU to join the fight for us.




Why WE ALL Should Care About Disenrollment even in you are not affected.

Disenrollment is the practice that involves stripping Native Americans of their citizenship and heritage, perpetrated by Native Americans themselves to gain money, benefits, and power. It's a harmful and disturbing trend that has affected over 10,000 people, with far-reaching implications.

You may wonder why you should care about disenrollment, especially if you're not a member of a Native American tribe. But the answer is simple: if one person's rights are violated, it affects us all. Disenrollment is a violation of basic human rights, and it goes against the very principles of democracy, fairness, and justice that we hold dear. And one our tribal leaders purport to support.

When tribes were granted gaming licenses, they made a promise to voters that they would take care of their people. Disenrollment, along with other practices such as banishments and moratoriums, directly contradicts that promise. Not only does it harm individual tribal members, but it also undermines tribal self-governance, making it harder to gain support from those who doubt the ability of tribal governments to handle membership issues.  Not following tribal law and the tribe's own consitution as what happened to my Pechanga Band of Luiseno Indians has done JUST THAT.

Moreover, disenrollment tears apart our ancestral connections that tribal members have with their communities. It's not just about being kicked out of a tribe; it's about losing cultural identities, religious ceremonies, activities, politics, burials, education, and customs that are an integral part of their lives. This type of isolation and separation is cruel and inhumane, and it's a sentence of imprisonment for life.

But it's not just a matter of basic human rights; it's a matter of ethics and morality. Disenrollment is not the traditional way of the Native Americans, and it's only used in extreme cases. This practice is being called the new genocide, and it's being perpetrated by tribal officials who are supposed to protect the rights of their tribal citizens. It's time to demand moral and ethical integrity in regards to human rights and the law.

Why stand idly by and watch as these atrocities continue to occur? It's time to take action and hold these officials accountable for their harmful actions. One way to do this is to stop patronizing offending tribes' casinos, hotels, restaurants, powwows, and clubs. 

Let them know that we do not agree with their system of denying civil rights to their people and that we will not support their nation until they follow their own tribal law.

We must demand that tribes who disenroll en masse, like Chukchansi is doing now,  should lose Federal funding and benefits, including land trusts. The American people should not be paying tribes who violate the civil and human rights of their people. Our representatives should shun these tribes and use their bully pulpit to fight for the rights of the people who have been beaten by the club of sovereignty.

It's time for the Department of Interior and Congress to step up and uphold the protection of our civil rights and protect tribal members from rogue governments that break tribal laws and constitutions. The trust responsibility of Congress extends to all Native Americans, not just Chiefs and Chairmen. We must demand that they do their duty to protect our civil rights and the rights of all tribal members.

Disenrollment matters. It's a violation of basic human rights, and it goes against the very principles of democracy and fairness that we hold dear. We must demand change and hold those responsible accountable for their actions.

Tuesday, April 25, 2023

BOYCOTT CHUKCHANSI GOLD CASINO AND THE PRCI FOR ITS HUMAN AND CIVIL RIGHTS ABUSES

 



We cannot allow the Tribal Nation of the Picayune Rancheria of Chukchansi  to continue disenrolling its own citizens and denying them their civil rights. It is time for us to take action and make our voices heard.

History has shown us that economic sanctions and public embarrassment can be effective tools in bringing down hateful policies. Just look at how the world came together to impose economic sanctions on South Africa to end apartheid. We can use similar tactics to hold the PRCI accountable for their actions.


Citizens of  California must take a stand and boycott Picayune's casino, hotel, restaurants, and powwows. Let them know that we will not support a nation that denies the rights of its own citizens. We must also let our state and federal representatives know that we expect them not to support a nation that engages in such harmful practices.  Read SHOULD THE BIA WITHDRAW RECOGNITION

We cannot allow Picayune, to benefit from their violations of their own laws and the rights of their citizens. We must stand with the over 500 members of the band who were disenrolled and the hundred more with disenrollments pending.  We must demand that Picayune Rancheria of Chukchansi Indians follow their own tribal law and respect the rights of their citizens.

It is time for action. We cannot sit idly by while our fellow citizens are being stripped of their identity and their rights. Join us in boycotting Chukchansi and holding them accountable for their actions. Together, we can make a difference and demand justice for all.

Monday, April 24, 2023

PECHANGA CASINO MURDER: Kawhi Leonard's Sister Kimesha Williams, Candace Townsell SENTENCED TO LIFE IMPRISONMENT




NBA star Kawhi Leonard’s sister has been given a life sentence in prison without the possibility of parole for the killing of an elderly woman.

Kimesha Williams — the Clippers superstar’s sister — was convicted for first-degree murder, robbery and elder abuse in February, and received her sentence on Friday.

Along with the 39-year-old Williams, Candace Townsell, 42, received the same conviction and sentence for the 2019 murder.  The pair followed 84-year-old Afaf Assad to a bathroom at the Pechanga Resort Casino in Temecula, Calif. .

See Also
 ANOTHER MURDER   at Pechanga Resort & Casino.

Kawhi Leonard's Sister Kimesha Williams STILL in Jail for 2019 Pechanga Murder. Why So long for JUSTICE?

Accused Pechanga Casino Murderers Kimesha Williams and Candace Townsel Get HIGH PRICED Attorneys

Saturday, April 22, 2023

NCAI's Credibility at Risk: Failure to Create Task Force to Protect Tribal Citizenship Rights Draws Criticism

We protested last year at the NCAI Marketplace, and confronted NCAI's Vice President Mark Macarro over his tribe's denial and ending of tribal citizenship.  




The adoption of Resolution 20-001 by the NCAI spearheaded by noted Native Armerican attorney Gabriel Galanda was a positive step towards protecting Tribal Citizenship rights, but the failure of the Executive Committee to create the task force suggests that there may be issues with the organization's commitment to its own resolutions.

The National Congress of American Indians (NCAI) is the oldest, largest, and most representative American Indian and Alaska Native organization in the country. It was founded in 1944 and represents tribal governments across the United States.   Do they deserve the respect?

Wednesday, April 19, 2023

CA Democrat Party Accepts Donation/Sponsorship From Apartheid System, Civil/Human Rights Abusing Pechanga Tribe

 


Color me NOT SHOCKED.  that the CA Democrat Party accepts donations/sponsorships from APARTHEID system, civil rights abusing tribe (shown here on Pg 17) 


While researching some issues with US Senator from California, Alex Padilla I came across the CA Dem Party Flyer from 2022, linked above.  Padilla is on Twitter talking about ethical standards for the Supreme Court, yet, what are the ethics of taking money from tribes that abuse their own people?   Hypocrite, thy name is Padilla.

Political candidates have a responsibility to ensure that their campaign contributions come from legitimate sources that do not violate the basic human rights of individuals or groups. Accepting donations from entities that violate human rights can compromise the integrity of the political process and lead to a perception that the candidate is willing to overlook serious abuses in order to gain power.

Accepting donations from such entities can create a conflict of interest and compromise the candidate's ability to act in the best interest of their constituents. It can also undermine the legitimacy of the candidate's platform and their ability to advocate for social justice and equality.


HOW DARE YOU DEMOCRATS? We remember when you accused the sovereign state of Arizona of possibly violating the civil rights of illegal immigrants, why doYOU TAKE MONEY from tribes that have ALREADY violated the basic civil and human rights of CALIFORNIA citizens of Native American ancestry.

Why aren't you STANDING UP for US?


Sunday, April 16, 2023

GOV. GAVIN NEWSOM: Urgent Request to Ban Travel to Tribal Casino Enterprises with Civil and Human Rights Abuses

 Dear Governor Gavin Newsom,

I am writing to urge you to impose a ban for all government employees on travel to and attending any function at a tribal casino enterprise where civil and human rights have been violated. As you know, California has taken a strong stance on issues related to civil and human rights, and it is important that we continue to uphold these values even when it comes to our own tribal communities.

I am particularly concerned about the reports of abuse of civil and human rights at certain tribal casino enterprises. As a state, we cannot condone or support any business that engages in such behavior, particularly when it involves the exploitation of our own people.

I understand that California already has a ban on travel to certain states due to their laws, and I believe that this same approach should be taken when it comes to tribal casino enterprises that have violated civil and human rights. By taking a stand against such behavior, we send a strong message that we will not tolerate any form of discrimination or abuse, regardless of where it occurs.

I urge you to consider implementing a ban on travel to and attending any function at a tribal casino enterprise where civil and human rights have been violated. Thank you for your consideration of this important issue.


Sincerely,

CA's CHUKCHANSI TRIBE CONTINUES DISENROLLMENTS. TIME FOR A BOYCOTT of their CASINO

 Members of the Picayune Rancheria of Chukchansi Indians who were targeted for disenrollment earlier this year were kickedout of the tribe in March — and now a new group of more than 60 members is facing the same fate, according to an attorney representing the majority of the impacted tribal members.

FOLLOW THIS LINK FOR MORE CHUKCHANSI ABUSES at Original Pechanga Blog

Attorney David Dehnert told The Bee the disenrollments and the new pending disenrollments are in violation of the tribe’s constitution and several other tribal laws. Dehnert represents about 39 of the 49 who received notices in mid-March saying their names would be removed from the tribe’s membership roll. Dehnert is from Southern California, and he typically represents tribes, but said he believed the tribe’s actions were so egregious that he decided to change spots in this case to litigate the tribe.

The tribe, he said, has now selected another group of around 62 members who will be part of another wave of disenrollments. He represents about 36 of them. According to a copy of one of the notices, the affected members’ disenrollment hearing is April 22.

Dehnert said there’s no “accountability, no judicial review,” and “no checks and balances at all” with the actions of the Chukchansi Tribal Council.  OP:  MORAL OUTRAGE IS NEEDED

“It’s deplorable what they are doing to their own people. They should be taking care of their people,” he said.

At stake is a piece of the profits from the tribe’s sprawling Chukchansi Gold Resort & Casino on Highway 41 north of Fresno. According to an online estimate, the casino in 2022 had revenue of $43.7 million.

Affected members who spoke with The Bee in January said the disenrollments are being driven by greed and designed to significantly swell the monetary benefits for some tribal families. Another 60 to 70 members were disenrolled last year.

SEE THE REST OF THE STORY HERE

Friday, April 14, 2023

BIA ACTS IN ARBITRARY and CAPRICIOUS MANNER in ENDING CDIB FOR NATIVES INCLUDING DISENROLLED

 

Sample not for use as CDIB


We have written on the BIA/CDIB Issue a few times  linked here
:

NCAI Takes A STAND on BIA's CDIB FOIBLES & Failures  and Gabe Galanda: The BIA's BLOOD TROUBLE

Now, NATIVEPEDIA and Emilio Reyes have extensive scholarship on the arbitrary and capricious action 
San Diego, California, April 14. 2023:  Today, Nativepedia, a  California Native American company specializing in  research, education and advocacy,  has released  extensive research  on a silent issue affecting Native Americans:    Non-Federally Recognized California Indians: The Rescission of the CDIB policy. There is no question that the Department of the Interior; the Bureau of Indian Affairs, and other departments within the Interior are entirely responsible for this matter. As a result,  thousands of Native Americans are affected. 

Attached please find: "Non-Federally Recognized California Indians: The Rescission of the CDIB policy." Alternative link via WeTransfer: https://we.tl/t-XcLlWw9VwR & Scribd: 

Fighting for Fairness and Justice in Casino Indian Country: The Battle Against Tribal Disenrollment in Native American Communities

Disenrollment is a widespread issue that plagues over 80 Native American communities and represents a despicable abuse of power and a clear violation of human rights.


Tribal disenrollment is a heinous act that represents a despicable abuse of power and a clear violation of human rights. It is a practice that seeks to strip Native Americans of their cultural heritage, their identity, and their voice. Those who carry out this practice are nothing less than oppressors, seeking to maintain their power and control over tribal communities through the most heinous means possible. It is an affront to justice, fairness, and basic human decency

As a society, it is our duty to stand up and speak out against this injustice. This fight is not just about tribal membership, it is about upholding fundamental principles of fairness and justice.

The disenfranchisement of Native American communities cannot continue unchecked. We must demand that those responsible for these practices are held accountable.

Congress and Native advocates have an important role to play in speaking out against this injustice and supporting those who have been disenrolled. Together, we all must work towards ensuring that each member of tribal communities are treated with dignity, respect, and fairness.

We must amplify the voices of those who have been disenrolled so that their stories can be heard and their rights protected.

It's time for us to work together to bring an end to tribal disenrollment and to ensure that the cultural heritage of Native American communities is respected and preserved for generations to come.

This is not just a fight for justice and fairness, it is a call to action for all of us to stand in solidarity with those who have been disenfranchised and to demand accountability from those who seek to deny us our rights.

 LEARN MORE ABOUT TRIBAL DISENROLLMENT HERE

Cherokee Genealogist DAVID CORNSILK on PRETENDIANS Seminar

 Coming from noted genealogist and current Cherokee Nation leadership candidate David Cornsilk this Friday, April 14 at 11 a.m. ET at Indiana University and via Zoom simultaneously.
David wrote on CLEARING UP MISCONCEPTIONS ABOUT CHEROKEE IDENTIFICATION    And supported the TREATY RIGHTS of the Cherokee Freedmen, where they were victorious.

Register here: https://iu.zoom.us/.../tZwtf-ihrDwrE9dlXHRHD3xYU1HWRegcSOVX

Be sure to pay attention to motives and biases of all involved.  (h/t Rob Capriccioso-Indigenous Wire)


PLEASE TRY TO ATTEND and tell your friends..



Thursday, April 13, 2023

Congress Urged to Take Action on Disenrollment Crisis Over 11,000 Native Americans Stripped of Tribal Citizenship. Not Including the Ancestors

 


Here's a letter you can copy and fill in to send to your Congressperson  See HOW TO CONTACT YOUR CONGRESSPERSON


Dear Members of Congress,

I am writing to express my grave concern about the ongoing disenrollment of Native Americans from their tribes, which has resulted in the stripping of tribal citizenship from over 11,000 individuals. This egregious practice, which has been carried out by some tribal leaders without regard for due process or tribal constitutional guidelines, represents a serious violation of the rights and well-being of Native Americans across the United States.

Disenrollment is a deeply traumatic experience that can result in the loss of cultural identity, community ties, and access to critical resources such as healthcare and education. Moreover, disenrollment often occurs without due process or adherence to tribal law, leaving individuals and families without recourse to challenge the decision or seek redress.

It is unacceptable that this practice continues to occur in the United States, and it is imperative that Congress takes immediate action to address this issue. Specifically, I urge you to:

Tuesday, April 11, 2023

10,000 Native Americans Disenrolled and Denied Healthcare: The Tragic Consequences of Inaction by Congress, Government Agencies and Advocates

Disenrollment of indigenous people is a grave injustice that must be addressed by those purporting to support and defend Native Americans.


This despicable practice, the stripping of tribal citizenship, proven to be born of corruption and greed, has been allowed to flourish under the guise of sovereignty by some tribal governments.

Congress must take action to hold accountable those who misuse their sovereign powers to harm their own people.

As we confront this issue, it is important to recognize the complexity of the historical and cultural context in which it arises. Achieving meaningful and lasting change requires sustained engagement and constructive dialogue between all stakeholders, including indigenous communities, government agencies, legal experts, and Native advocacy groups (NARF, NCAI) and all of US.

As Elie Wiesel famously said, "Neutrality helps the oppressor, never the victim Silence encourages the tormentor never the tormented"

Nowhere is this more evident than in the issue of disenrollment of indigenous people, which has devastated tribal communities across the United States. As individuals, as organizations, and as a society, we must speak out against this injustice and take action to hold those responsible accountable. Neutrality in the face of disenrollment only perpetuates the harm and oppression faced by indigenous people, while silence enables those who perpetrate these abuses. 

It is time for all of us to come together and work towards a more just and equitable society for all, one that upholds the dignity and rights of indigenous communities and respects their unique identities and cultures. The Congress, BIA, DOJ, White House, NCAI, NARF, Senate Committee on Indian Affairs, and all other stakeholders must take action to halt the destruction of tribal communities and promote healing and reconciliation.

How to Fight the Dark Side of Tribal Sovereignty: Uncover and SHARE the Truth About Disenrollment To Restore Fairness and Equality to Tribal Communities

 

Doing the right thing isn't HARD

Attention all defenders of civil rights! Have you ever felt powerless in the face of corruption and mistreatment by tribal councils? Are you tired of seeing your friends and loved ones disenrolled, hurt, and violated by those in power? It's time to take action and demand justice for all.   

Where are the tribal leaders who will stand for justicd?   Holding our tribal leaders to a higher standard of integrity and transparency will ensure that tribal sovereignty truly benefits all members and not just a select few.  BE A LEADER in this fight.

But the very few of us can't do it alone. We need YOU to join us in the fight against disenrollment on a consisten basis. We need your voices, your passion, and your commitment to help us make a difference. Don't just sit back and watch as your fellow community members suffer. Ask yourself: what can I do to help?

We understand that life can be busy and it may be difficult to get involved in person. But there are many ways you can help from the comfort of your own home, such as visiting blogs regularly to help drive up awareness and let those in power know that people are watching by sending emails, it's so easy.

We cannot let corrupt tribal councils continue to violate our civil rights. It's time to band together, honor our ancestors who suffered at the hands of an oppressive government, and defend our rights. We need OFFENSE, not just defense.

 

Sunday, April 9, 2023

Easter's Message of Forgiveness and Hope: A Relevant Reminder for Disenrolling Tribes on Restoration and Justice


The celebration of Easter is a reminder of the forgiveness of sins and the hope of eternal life that is available to believers through Jesus Christ. This message of forgiveness and redemption is one that can be relevant to disenrolling tribes like Pala, Pechanga, Redding Rancheria, Chukchansi, Noooksack, as well. Disenrollment is the process of removing individuals or families from tribal membership, often due to disputes over lineage or other political or personal issues. This process is painful and divisive, leading to broken relationships and a sense of loss of identity and community.

In seeking forgiveness, disenrolling tribes may find healing and restoration for these broken relationships. Forgiveness is a powerful force that can bring reconciliation and unity where there was once division and conflict. It requires humility and a willingness to let go of grudges and grievances, but the rewards can be significant. 

From me in 2007
It's interesting to think about what the remaining 
Pechanga  and  other disenrolling tribal members  pray and think about when they go to church.

Do they pray that:

1. God won't remember what they have done to their family and ours?
2. Well, I really didn't believe in the 5th, 8th, 9th or 10th commandment anyway?
3. I can come here and people will see me and think it wasn't me that voted against stopping
disenrollments
4. I'll just give more to the collection plate and that will get me off the hook.
5. Please, God, let there be more slot machines.
6. Don't they know that $380, 000 per year is not enough for us to share?
7. Why are they always picking on us? Are civil rights, elder abuse, voting rights that important?
8. Why did those Hunters have so much evidence and STILL got disenrolled?
9. I sure hope the tribal council didn't lie about stopping more disenrollments!
10. Please, God, I'm not really happy about it, but I didn't do anything about it
11. Are the terminated REALLY your people, Lord?

Should Christian customers patronize a business that treats its family so terribly? Should Christians spend money for dinner at a place that abused their elders and children? Should churches hold luncheons at a place like this? Please ask your local ministers and committees to not spend church funds at Pechanga.

Just as interesting a question: What has the parish priest talked to his flock out the situation?  How much of the catechism has the CPP broken?
Are they still taking communion?
What penance did they get for ruining the lives of so many?

Saturday, April 8, 2023

Aunt Em, Emily Judkins, Vaunted Pechanga Matriarch's 1981 Profile in Who's Who in Temeku

 Proud Pechanga elder Emily Hunter Judkins was profiled in a 1981 newspaper article  WHO'S WHO in TEMEKU by Ken Clements.

She resided permanently on her portion of the 20 acres that Paulina Hunter, an original Pechanga Temecula person, was alotted.



Emily Judkins was proud to be from Pechanga and was an active member of the tribe.  In those days, there were no paid jobs or glory for volunteers.  She was one of the few reservation  residents that were educated and could handle many of the legal matters for the tribe on matters the Bureau of Indian Affairs needed.

How many of the current tribal members can say they volunteer to do anything other than enjoying the free lunch at meetings?  Aunt Emily worked on the Pechanga enrollment committee and wrote letters of concern about enrolling people that didn't have the documentation to prove lineage.   They are Francisca Leyvas descended and later formed a Splinter group, and after that worked to disenroll two large families from the tribe, including Aunt Emily, well after her death...

Honoring Indigenous Rights: Why Fulfilling the Provisions of the Treaty of Guadalupe Hidalgo Matters Now More Than Ever

My uncle David Cuevas, always said the key to our rights was in the treaty of Guadalupe Hidalgo.  The State of California and the Federal Government have violated the treaty, and disenrolling tribes are doing the same.

Treaty of 
Guadalupe Hidalgo

The Treaty of Guadalupe Hidalgo was signed in 1848, bringing an end to the Mexican-American War and ceding a vast territory to the United States that included what is now California, Arizona, New Mexico, Nevada, Utah, and parts of Colorado, Wyoming, Kansas, and Oklahoma. The treaty included provisions meant to protect the rights of indigenous peoples in these newly acquired territories, including a promise to honor existing land grants and to respect the property rights of Native American communities.

Disenrolling tribes violate the Treaty of Guadalupe Hidalgo by denying indigenous peoples their right to self-determination and recognition. The Treaty of Guadalupe Hidalgo recognized the property rights of Native American communities and guaranteed their protection. By disenrolling members of these communities, the treaty's provisions are ignored, and their rights to self-governance and recognition are violated.

Despite the treaties promises, the United States government has a long history of violating the Treaty of Guadalupe Hidalgo and failing to uphold its obligations to Native American tribes and communities. Some of the ways in which the treaty has been violated or ignored include:

Land theft: Under the treaty, existing land grants were supposed to be respected, but in many cases, Native American lands were simply taken by force, often through violence and coercion. Native Americans were frequently pushed onto reservations, where they were forced to give up their traditional ways of life and were subjected to harsh living conditions.

Broken promises: The treaty included provisions meant to protect the rights of indigenous peoples, but the U.S. government has frequently failed to live up to its promises. For example, many treaties signed with Native American tribes were later abrogated or ignored, leaving Native American communities without the protections they were promised.

Cultural erasure: Native American cultures and traditions were frequently suppressed or erased in the wake of U.S. colonization, as the government sought to assimilate Native Americans into Euro-American ways of life. This included policies such as forced boarding schools, where Native American children were taken from their families and communities and taught to reject their cultural heritage.   Now disenrolling tribes follow this same practice!

These and other forms of mistreatment and injustice have had lasting impacts on Native American communities, contributing to ongoing challenges such as poverty, health disparities, and cultural dislocation. However, upholding the Treaty of Guadalupe Hidalgo could help to redress some of these historic wrongs and support the rights and well-being of Native American communities.

To follow the treaty's provisions would mean respecting the sovereignty and self-determination of Native American tribes, honoring existing land rights and treaty agreements, and ensuring that Native American communities have a say in decisions that affect their lives and well-being. It would also mean investing in cultural revitalization efforts and supporting Native American languages, traditions, and practices.

Upholding the Treaty of Guadalupe Hidalgo is not only a matter of fulfilling past promises, but also a matter of promoting justice, equity, and respect for indigenous rights and sovereignty. By recognizing and addressing the harms of past injustices and committing to a more just and equitable future, we can work to support the well-being of Native American communities and promote a more just and inclusive society for all.

Disenrolling tribal members denies them access to important resources and services provided by the tribes, such as healthcare, education, and cultural programs. This not only harms disenrolled individuals but weakens the overall community's ability to exercise their sovereignty and fulfill the provisions of the treaty.
 

Disenrollment also exacerbates existing inequities, as those who are disenrolled may be more vulnerable to poverty, discrimination, and violence. Disenrolling members of Native American tribes runs counter to the Treaty of Guadalupe Hidalgo's goals of promoting self-determination, sovereignty, and recognition of indigenous rights.

LEARN MUCH MORE ON DISENROLLMENT HERE

Honor the Legacy of Our Ancestors: Embracing All California Indians with Open Arms, Disenrollment Must Not Divide Our Communities

Native American tribal leaders MUST remember the great injustices and violence inflicted upon the indigenous people of California by colonizers and European settlers. 

They must recognize the resilience and strength of our ancestors who survived this wholesale slaughter, and honor their legacy by welcoming any and all who identify as California Indians back into our communities with open arms.

Disenrollment from tribes must not be used as a tool to divide and exclude our people. Instead, we must come together and stand united in our pursuit of sovereignty, recognition, and justice. It is our duty to demand that our people be accepted and embraced as full members of our communities, regardless of any attempts to disenroll them.

We must continue to resist and challenge the ongoing colonization and oppression of indigenous peoples by corrupt tribal leaders, and work towards a future where all California Indians can thrive and reclaim our ancestral lands and cultures.

STOP FIGHTING FEDERAL RECOGNITION.

Thursday, April 6, 2023

Nooksack 306 ELDERS Face INJUSTICE With NO Legal Representation for their UNJUST EVICTION HEARING




The situation in which three Nooksack306 families face eviction after renting to own their tax credit homes for 15+ years is unjust and morally wrong. These families have invested their time, money, and energy into these homes, with the understanding that they would eventually own them. However, they are now being evicted with no legal representation, leaving them vulnerable and unprotected in a complex legal process. Federal and state authorities have remained silent on this matter, failing to intervene and protect these families from this gross injustice.

Federal and State Authorities Remain Silent as Nooksack306 Families Fight for Their Right to Property Ownership  

The denial of the families' right to counsel is a significant violation of their rights, leaving them without the legal support they need to defend themselves in court. This lack of representation places the elders at a severe disadvantage, as they attempt to navigate the complicated legal system on their own. Without the assistance of experienced lawyers, the families may be unable to effectively argue their case, resulting in their eviction from their homes. This denial of their right to counsel is a flagrant disregard for the principles of justice and fairness that underpin our legal system.

That the families are being evicted after renting to own their tax credit homes for over 15 years is an affront to the idea of property ownership. The families have invested significant time and money into these homes, with the understanding that they would eventually become the rightful owners. However, by evicting them now, the system has robbed them of this opportunity, denying them the fruits of their labor and their right to own property. This is a grave injustice that must be addressed.


Overall, the silence of federal and state authorities, like Washington's U.S. Senators Patty Murray and Maria Cantwell  in the face of this situation is unacceptable. These families deserve better, and it is our duty as a society to ensure that they are treated fairly and justly.

The denial of their right to counsel, the loss of their homes, and the violation of their right to property ownership all represent egregious wrongs that must be addressed. It is essential that we stand up for these families and demand justice on their behalf.

Disenrollment IS an Indian Country DISASTER: The Human Cost of Tribal Councils' Abuse of Power and Exclusionary Practices

 

Doing the RIGHT thing should be EASY


As our Indigenous communities continue to suffer from centuries of colonization and systemic oppression, a new crisis is emerging that threatens their very existence. Tribal disenrollments, moratoriums, and corruption are creating a 21st century bloodless genocide that is destroying the cultural fabric and social cohesion of Indian Country.

The practice of disenrollment has become a weapon of choice for tribal leaders seeking to consolidate power at any cost and silence dissenting voices. Under the guise of protecting their communities from fraudulent claims or ensuring tribal sovereignty, tribal councils have stripped thousands of Indigenous people of their citizenship, culture, and history. This not only violates the basic human rights of those individuals but also undermines the very foundation of Indigenous communities and their collective struggle for self-determination.

The imposition of moratoriums on new enrollments or citizenship applications has created a system of exclusion that further marginalizes Indigenous people who may have ties to multiple tribes or who are seeking to reclaim their cultural identity. This practice can also lead to the exploitation of Indigenous resources by those who control tribal councils or have ties to corporations or other outside interests.

The rampant corruption within tribal governments, meanwhile, has led to the misappropriation of millions of dollars in federal funding intended to support Indigenous communities. This has left many tribes without adequate resources for essential services such as healthcare, education, and housing, exacerbating the already dire conditions in Indian Country.


Taken together, these practices amount to a 21st century bloodless genocide that is threatening the very survival of Indigenous communities. Unless urgent action is taken to address these issues and restore the principles of Indigenous self-determination, the legacy of colonization and oppression will continue to haunt Indian Country for generations to come. It is time for all Indigenous people and allies to unite against this disaster and demand justice for those whose lives and livelihoods have been destroyed by these practices.

From the Government to Corrupt Tribal Councils: Disenrollment and the Continued Marginalization of Indigenous Communities

 



Disenrollment , the STRIPPING of tribal citizenship/membership has far-reaching consequences for individuals and communities.

For many Indigenous people, being a member of a tribe is not just a legal status, but an important part of their identity and cultural heritage. When tribes engage in disenrollment, they are adopting the same exclusionary tactics used by the U.S. government to divide and conquer Indigenous communities, which can lead to historical trauma.

Historically, the U.S. government has used a range of tactics to undermine Indigenous sovereignty and cultural identity. These tactics include forced removal from ancestral lands, boarding school education aimed at assimilating Indigenous children into mainstream American culture, and policies that restricted Indigenous people's access to their cultural practices and spiritual traditions.

Disenrollment can be seen as another manifestation of these tactics, as it often involves the exclusion of individuals who may have ties to multiple Indigenous communities or who do not meet certain tribal criteria. This can create a sense of isolation and displacement, as individuals are cut off from the very communities that provide them with a sense of belonging and cultural identity.

Disenrollment without review is wrong

In addition to the emotional toll of disenrollment, there are also practical consequences for native Americans. Disenrollment can lead to the loss of access to important tribal resources such as healthcare, education, housing, and economic opportunities. It can also affect the ability of individuals to participate in tribal governance and decision-making, including adopting native children.

Disenrollment leads to elder and ancestor abuse within Indigenous communities, as we have seen in the Nooksack Tribe in Washington State. Tribal councils have used disenrollment as a tool to silence elders or other community members who may speak out against corruption or other forms of misconduct. This can create a climate of fear and intimidation, where individuals are afraid to challenge the status quo for fear of losing their tribal citizenship or being ostracized from their community. Elder and ancestor abuse is a serious issue that needs to be addressed by tribes and Indigenous organizations in order to create safe spaces where all members can share their experiences and perspectives without fear of retaliation.

The practice of disenrollment can create a legacy of historical trauma that can be passed down through generations. When tribes engage in exclusionary tactics, it can undermine the sense of solidarity and unity among Indigenous peoples, which is essential for addressing the ongoing impacts of colonization and systemic oppression.

Disenrollment from tribal citizenship or membership perpetuates the same exclusionary tactics used by the U.S. government to divide and conquer Indigenous communities, creating historical trauma. It is important for tribes to consider the long-term consequences of disenrollment and work towards more inclusive practices that prioritize cultural identity and community wellbeing.

Tuesday, April 4, 2023

Since Time Immemorial Has Santana Rabang, The Future of Native America's Youth, Spotlighted

 


My friend Santana Rabang,  executive assistant to the secretary of Lummi Nation and a student at Fairhaven College has been honored with a story about her in the Bellingham Alive online magazine series SINCE TIME IMMEMORIAL
  
We have worked together on tribal disenrollment issues and got to meet in person last year, TWICE! And she did a TikTok video with my cousin Cassie.  We protested together at the NCAI event in Sacramento last year.

She is simply the future of Native America.  Her spirit and spirituality shine through.

Here's an excerpt, the rest is at this link
Would you please introduce yourself? 

My name is Santana Rabang, and I come from Lummi, Nooksack, and First Nations Shxwhá:y Village. My mother is Felicia Lawrence of Lummi Nation, my grandmother was the late Hazel Lawrence, and my grandpa is Felix Gallegos. My great grandparents were the late Madeline Quincy and Peter Paul Lawrence. My father is Robert Rabang, Jr. of Nooksack and Shxwhá:y Village. My grandma was the late Janice Lee Rabang and my grandpa is Robert Rabang Sr. My great grandparents were the late Elizabeth Rabang and Frank Rabang.

You mentioned your parents, grandparents, and great grandparents when you introduced yourself? 

There’s this saying in our culture that you don’t know who you are unless you know where you come from. For me, that’s not only place-based, it’s also ancestral.

SO PROUD to be associated with this young native woman. Read more on the Nooksack 306

Saturday, April 1, 2023

Disenrollment and the Betrayal of Tribal Members' Civil and Human Rights With Tacit Approval of Congress and Native America

 A quick follow up to Paul Johnson's article AREN'T Native Americans Entitled to Civil Rights  read that, then this.

The violations of civil and human rights that occur when individuals are disenrolled without due process are abhorrent. The following are some of the key rights that are violated in such cases:

Unbiased tribunal: All individuals have the right to a fair and unbiased hearing. When tribal governments fail to provide an impartial tribunal, the integrity of the process is compromised.

Notice of proposed action and the grounds on which it is based: The right to notice is a fundamental principle of due process. Without proper notice, individuals may not have the opportunity to prepare a defense and respond to the charges against them.

Opportunity to present a reason why the action should not occur: The right to be heard is essential to due process. When individuals are disenrolled without the opportunity to present their case, their rights are violated.

Right to call witnesses on your behalf: The right to call witnesses is a fundamental aspect of a fair hearing. When individuals are disenrolled without the ability to call witnesses, they are denied a fair process.  The action of disenrollment abusing this principle makes the action unjust

Right to know what evidence is brought against you: Without the right to know what evidence is being used against them, individuals may not be able to mount a proper defense.  In our case, Pechanga IGNORED the evidence they paid for, since it didn't produce the action they wanted.  They accepted hearsay evidence

Right to have the decision based only on the evidence: STOP LAUGHING!   Decisions must be based solely on the evidence presented in a fair hearing. When decisions are made without proper evidence, individuals may be disenrolled unfairly.

Right to counsel: The right to counsel is a fundamental principle of due process. When individuals are disenrolled without the ability to have legal representation, their rights are violated.

Right to a public proceeding: The right to a public proceeding helps ensure transparency and accountability. When hearings are held in secret, the process is more likely to be unfair.  When we are told we can't speak about it, it's unjust

A record of the proceedings: The right to a record of the proceedings helps ensure that decisions are made based on the evidence presented.  We weren't allowed writing implements..we you?

Right to judicial review: The right to judicial review helps ensure that decisions made by tribal governments are subject to review by an impartial court.   WHY the need to invoke sovereignty, when a review of the facts, if just, would stand for themselves

When any of these rights are violated, the integrity of the disenrollment process is compromised, and the rights of the impacted individuals are violated.   Any rights, not all....but if all are violated, there is no justice

Aren't Native Americans Entitled to Civil Rights Protections? Paul Johnson, American Indian Activist Discusses Which Civil Rights Are Being Violated.

 I'm reprising an July 2015 post where I invited a friend, Indigenous Activist Paul Johnson, to write a piece on the civil rights that we constantly talk about, but to many, they only have a vague idea what it means.    I'll add some thoughts on how these violations relate to my family's issues at Pechanga.    



The recent resolution from the NNABA supporting Equal Protection and Due Process for those who have been divested of the Right of Tribal Citizenship
is shining a light on the civil and human rights violations that accompany many of the disenrollment actions happening throughout Indian Country.  So what are these civil rights to which we refer, and how are they being violated?
When we speak of the right to due process we are citing the Fifth and Fourteenth Amendments of the U.S. Constitution. Due process provides protections to those facing a proposed action, applies in civil and criminal proceedings, and has specific requirements.
Here are the requirements in a nutshell:
1.     Unbiased tribunal
2.     Notice of proposed action and the grounds on which it is based
3.     Opportunity to present a reason why the action should not occur
4.     Right to call witnesses on your behalf
5.     Right to know what evidence is brought against you
6.     Right to have the decision based only on the evidence
7.     Right to counsel
8.     Right to a public proceeding
9.     A record of the proceedings
10.  Right to judicial review

Here is how the Fourteenth Amendment says it:
...nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the law.
Most disenrollees receive no prior notification that their tribal citizenship is in jeopardy. Tribes refuse to conduct hearings, or provide the opportunity to present evidence or witnesses. The decision is usually made in private meetings of Enrollment Committees, based on dubious and spurious evidence and without an independent judicial review. 

These are violations of the right to due process as guaranteed by the Indian Civil Rights Act of 1968, but the ICRA has no provision to enforce denial of due process. Was it an oversight of Congress to omit the power to enforce these rights for tribal citizens? The obvious answer is NO!

 And we'll address that in a subsequent post.