🏛️Native American Tribal Governments Unit 10 – Tribal Citizenship & Enrollment Processes

Historical Context

• Prior to European contact, Native American tribes had their own systems for determining membership and belonging within their communities
• Colonization and forced relocation (Indian Removal Act of 1830) disrupted traditional kinship structures and tribal affiliations
• Treaties between the U.S. government and tribes often included provisions for defining tribal membership (blood quantum)
• The Dawes Act of 1887 aimed to assimilate Native Americans by allotting tribal lands to individual members, further complicating citizenship determinations
• The Indian Reorganization Act of 1934 encouraged tribes to adopt constitutions and establish formal enrollment criteria
  • Allowed tribes to define their own membership requirements
  • Provided a framework for tribal self-governance
• Historical trauma and cultural loss have impacted the way tribes approach citizenship and enrollment

Tribal Sovereignty

• Tribal sovereignty refers to the inherent right of Native American tribes to govern themselves as independent political entities
• Sovereignty is recognized and protected by the U.S. Constitution, treaties, and federal law
• As sovereign nations, tribes have the authority to determine their own citizenship criteria and enrollment processes
  • This power is an essential aspect of tribal self-determination
• Tribal citizenship is distinct from U.S. citizenship, and enrolled tribal members can hold both
• The U.S. government has a trust responsibility to protect tribal sovereignty and support tribal governments
• Tribal sovereignty allows tribes to maintain their unique cultural identities and govern according to their own values and traditions

Citizenship Criteria

• Each federally recognized tribe has the power to determine its own citizenship criteria based on its unique history, culture, and values
• Common criteria for tribal citizenship include:
  • Lineal descent from an enrolled tribal member
  • Blood quantum (degree of tribal ancestry)
  • Tribal residency
  • Cultural or language proficiency
• Some tribes use a combination of criteria, while others prioritize one factor over others
• Minimum blood quantum requirements vary among tribes, typically ranging from 1/16 to 1/4
  • Blood quantum is a controversial criterion due to its origins in U.S. government policies aimed at limiting tribal membership
• Lineal descent is increasingly favored by tribes as a more inclusive approach to citizenship
• Citizenship criteria can be modified through tribal constitutional amendments or ordinances, reflecting the evolving needs and values of the tribe

Enrollment Process

• Tribal enrollment is the formal process by which an individual becomes a recognized citizen of a Native American tribe
• Prospective enrollees must submit an application to the tribe's enrollment office, along with supporting documentation
  • Documentation may include birth certificates, family trees, and proof of tribal ancestry
• Enrollment committees or tribal councils review applications and make determinations based on the tribe's citizenship criteria
• The enrollment process can be lengthy, taking several months to a year or more
  • Delays may occur due to the need to verify ancestry or resolve disputes
• Some tribes have enrollment moratoriums or deadlines, limiting when applications can be submitted
• Enrolled members receive a tribal identification card and are added to the tribe's official membership roll
• Enrollment decisions can be appealed through tribal courts or administrative processes

Benefits and Responsibilities

• Tribal citizenship confers a range of benefits and responsibilities to enrolled members
• Benefits may include:
  • Access to tribal healthcare, education, and social services
  • Eligibility for tribal housing and employment opportunities
  • The right to participate in tribal elections and hold tribal office
  • Cultural and spiritual connections to the tribal community
• Responsibilities of tribal citizenship include:
  • Upholding tribal laws and values
  • Participating in cultural events and ceremonies
  • Contributing to the well-being of the tribal community
  • Preserving and passing on tribal language, traditions, and knowledge
• Tribal citizens may also have obligations to the U.S. government, such as paying federal taxes and serving in the military
• The balance of benefits and responsibilities reflects the unique relationship between tribes and their citizens

Challenges and Controversies

• Tribal citizenship and enrollment processes can be complex and emotionally charged issues
• Historical trauma, forced assimilation, and cultural loss have disrupted traditional kinship structures and created challenges for determining belonging
• Blood quantum requirements, while still used by some tribes, are controversial due to their origins in U.S. government policies aimed at limiting tribal membership
  • Critics argue that blood quantum is a tool of colonization that promotes cultural genocide
  • Supporters view blood quantum as a way to preserve tribal identity and resources
• Enrollment decisions can lead to conflicts within families and communities, particularly when some individuals are denied citizenship
• Disenrollment, the process of revoking an individual's tribal citizenship, is a contentious issue
  • Tribes may disenroll members for various reasons, such as fraudulent enrollment or violation of tribal laws
  • Critics argue that disenrollment can be used as a tool for political or economic gain, rather than to protect tribal integrity
• Resource allocation and the distribution of benefits among tribal citizens can also be a source of tension
  • Limited resources may strain tribal governments' ability to provide for all enrolled members

Case Studies

• The Cherokee Nation, one of the largest Native American tribes in the United States, has a complex history of citizenship and enrollment
  • In the 1800s, the Cherokee Nation adopted a constitution that defined citizenship based on lineal descent from individuals listed on the Dawes Rolls
  • In 2007, the Cherokee Nation amended its constitution to limit citizenship to descendants of Cherokees listed on the Dawes Rolls, effectively excluding descendants of Cherokee Freedmen (former slaves owned by Cherokee members)
  • The Freedmen controversy highlights the ongoing challenges of reconciling historical injustices with contemporary tribal sovereignty
• The Nooksack Tribe in Washington state has faced controversy over its disenrollment practices
  • In 2016, the tribe disenrolled over 300 members, citing a need to correct errors in the enrollment process
  • Disenrolled members and their supporters have argued that the disenrollments were politically motivated and violated due process rights
  • The Nooksack case illustrates the tensions between tribal sovereignty, individual rights, and the complexities of tribal citizenship determinations
• The Navajo Nation, the largest Native American tribe by enrollment, has a unique approach to citizenship
  • Navajo citizenship is based on lineal descent from an enrolled member, with no minimum blood quantum requirement
  • The tribe's inclusive approach to citizenship has helped to maintain cultural continuity and strengthen community ties
  • However, the large number of enrolled members (over 300,000) has also strained the tribe's resources and infrastructure

Future Outlook

• As Native American tribes continue to exercise their sovereignty and self-determination, citizenship and enrollment practices will likely evolve
• Many tribes are moving away from blood quantum requirements and toward lineal descent as the primary criterion for citizenship
  • This shift reflects a desire to promote inclusivity and counter the legacy of colonialism
• Tribes are also exploring ways to engage and support citizens living outside of tribal communities
  • Innovative programs and services, such as online cultural resources and distance learning opportunities, can help maintain connections between tribes and their geographically dispersed members
• Tribal governments are increasingly investing in enrollment infrastructure, such as digitizing records and streamlining application processes
  • These efforts aim to improve the efficiency and accuracy of enrollment determinations
• Collaborative efforts among tribes, such as data-sharing agreements and joint enrollment initiatives, may help address common challenges and promote best practices
• Ongoing dialogue and education about tribal citizenship and enrollment can foster greater understanding and support for tribal sovereignty among non-Native communities
• As tribes continue to assert their right to define their own citizenship criteria, it is crucial to balance the preservation of tribal identity with the need for fairness, inclusivity, and individual rights