Monday, April 27, 2015

BIA's AMY DUTSCHKE Treats San Pasqual Issue as a JOKE. Won't Work to Correct The Issue.

Amy Dutschke, The Bureau of Indian Affairs Regional Director, seems to think that the true San Pasqual people, who are fighting for their rights, are a JOKE.  It's reaching the point of depraved indifference to the lives of Native People.

The BIA has screwed up the San Pasqual situation SO BADLY, they are afraid to make it right.  Take the time to read the letter and send your thoughts to Amy Dutschke  amy.dutschke@bia.gov
Does she take her job seriously?  Does she care about justice for Native Americans?

17 comments:

Native Diamond said...

God Almighty Creator of all knows... that Many of these so Called San Pasqual Descendants on the 2005 list Have not the San Pasqual D.N.A.
Blood line. And there are Many Names Kumeyaay Natives are Missing from this List..And I Will Challenge "ANYONE".. Who Claims to say "OTHERWISE".. God likes TRUTH NOT LIES, So for some reason this is not Coming to pass.."Watch Who you Endorse...

Reinstatement_Restitution said...

Even if these people do not meet the requirements for tribal membership they are still entitled to equal treatment under the law and due process. Their rights are being violated by the BIA.

To add insult to injury, Regional Director Amy Dutschke is in violation of 25 C.F.R. Part 48.8. Last time I looked it was illegal for a federal employee to violate the Code of Federal Regulations. Federal Regulations are administrative law, and carry penalties for violations of their provisions. It might be worth a threat or two of seeking injunctive relief against the Regional Director and the BIA instead of using the appeal process for inaction of an Official.

These appeals take forever. Then again I guess the appellants have been waiting for ten years already. Ten years just to get a response so they can go through another appeal process.

The BIA is hoping they give up. I predict that Amy Dutschke will reply within ten days with an acknowledgment of receipt of the appeal, and a date for action that is at the 60 day limit, and then will fail to act. Then the attorney can file an appeal with the AS-IA, who can ignore it for however long he wants.

This is how Indians are treated, and these appellants are not even Indians in the eyes of the BIA. They just hope to be enrolled in San Pasqual.

They should not allow themselves to be bound by Tribal Law or by Regulations that apply to Indians. They are U.S. Citizens that have been denied due process. File a complaint with the DOJ detailing the failure of the BIA to provide due process. It will probably get as much response as this appeal will.

The real action will be to seek declaratory and injuctive relief against the BIA employee whose actions have led to denial of due process. Let's see if the Court rules that Amy Dutschke is protected by the APA for using Indian Federal Regualtions on U.S. Citizens and for violating 25 C.F.R. 48.8.

That will confuse them, but the Court might not be able to delay a decision on a request for a temporary injunction. Or the Court might just dismiss. Worth a try anyway if the appellants have the time and resources to pursue it.

Abused by BIA, Ignored by Congress said...

Pressure the BIA and maybe they will kick it upstairs to Congress.

Sticking our heads in the sand will only leave our asses exposed to be kick over and over.

Anonymous said...

This time, after being carbon copied on the letter to the Senate Committee on Indian Affairs, they have not delayed in responding, asking for an additional 60 days . . even though they claim they can't figure out what this is all about! Go figure.

Anonymous said...

Stay active spreading the truth. Truth is easier to justify than lies and misinformation. Truth will always prevail, always. Our Ancestors and our heirs deserve truth spread over lies and misinformation. The lying greedy bad actors can face the truth now, and when they leave. Share the truth, it's easier to prove.

Anonymous said...

Just wondering..where does Amy Dutschke say that San Pasqual Descendants are a "joke"? Can't find it.

Anonymous said...

Amy's response isn't here. But she is treating it like a joke. Not taking seriously the BIA has breached their fiduciary duty to the true San Pasqual Indians and the descendants.

Anonymous said...

GET INVOLVED! Don't just sit on the sidelines and watch and hope things go your way. Show up for the protests! Write letters, Twitter storm. Make your presence known. Show a united front.

Anonymous said...

Native Diamond - you have no idea what you are stating. Do you really believe the information started at 1910? No it did not. Every BIA office has saved and now has digitized every living document. This is where every native sitting in an office and not taking care of their people will be held accountable. It will paint a picture of who is and who isn't. Even DNA can be proven. The truth is they would rather have 100k than have someone be able to vote, be heard, be part of something, be kind. They killed us off on a system developed by the BIA. Why do you think the Mission Indian Agency was formed by cultural leaders and chiefs? Is is because of people like Muncy, Allen, Dave toller, who should never be leaders making decisions by not taking care of there people. Yes Diamond you are correct. We will all one day pass on and know the truth but we will have to face what we did here first and these people would rather have a fake ideal money over friendship and bonding and memories and most of all love.

Anonymous said...

Id be careful with Native Diamond. She knows the ways of the Shaman. Witchcraft I tell you. She will come in your dreams and show you the Kumeyaay spirit.

Anonymous said...

There is a reason everything in life happens. As long as we focus on the truth, life will lead us where we are suppose to go. Honor and respect ALL, and share the TRUTH. Our Ancestors and our Children deserve the best from ALL of us.

Anonymous said...

I don't believe many of you understand the meaning of "Tribal Sovereignty." I am not saying I agree with it but many commentators and protesters give no value to the term "Sovereignty."
Tribes determine their own membership regardless of what any outsiders say and no one is entitled to any due process. Its a special membership group, and you're not invited.
The goal for the USA is not to make these tribes bigger, its to make them smaller. Tribes are doing the governments dirty work.
Even if the Disenrolles of Tribes were to get relief through congress it would open up the door to even more issues. I feel we have barely touched the surface of Sovereignty and I believe the USA has a clear objective. To delay delay delay until they can figure it out. Only through our persistence will there be change. You ready for it?

Anonymous said...

That is sad truth, except "Sovereignty" is a bands protection from having their rights protected. A greedy faction of a band trying to use "Sovereignty" to not follow ALL the bands rights is the unfortunate event taking place. Other Bands and Nations are voicing their opinion and it's sad truth that "disenrollment" is not custom and tradition of our rights. Honoring our Ancestors rights across the board is custom and tradition. The Federal government took certified depositions and recorded them for a reason. Our Ancestors helped create our band and recognition, now to have factions ignoring the truth and breaking custom and tradition. BAM

Reinstatement_Restitution said...

In spite of sovereignty American Indians are also U.S. citizens and are entitled to due process. It is not our understanding of tribal sovereignty that is insufficient. It is the failure of disenrollees to assert their civil rights and to refuse the authority and jurisdiction of tribal law. Tribes have no authority over non-members, and it is illegal for tribes to violate the civil rights of non-members. As soon as the di senrollees assert their rights instead of pleading for reinstatement the BIA and the courts will be forced to rule on their entitlement to due process and equal protection.

BlueDove said...

By what provisions?? ICRA?? PFFF!! Or by discrimination act(CRA 1964)??... It will take a specific case in the court of law to change a judges decision not to refer to Santa Clara V Martinez. I do not agree with the standard but unless an act of congress, this is a very slow moving train.

It is the End of an Era. Out with the old in with the new. Our Tribes are filled with hate, greed, dissension, selfishness, political backstabbing and heartlessness. There are members who would disenroll their own mothers if their per cap would go up. This would have never happened in our ancestors generation.
It is a very sad time throughout Indian Country and its not going to get better. The new generation wants their cut. Look at San Pasqual Lineals and their fight for citizenship. A new wave of citizens in which the Tribal government doesn't want them enrolled because of greed and political power. Things are getting worse not better. The only way I truly believe we change this inevitable demise is to change our attitude. They hate, we hate, they hate us more, we hate them more. It has to stop. It will take Leaders, LOVE and Compromise. Sober and legitimate conversation and new ideas. Reinstatement_Restitution is one of these persons who depict these sentiments. While RR makes legitimate scenarios, until they are before a court of law they are just that, what ifs.

That is why RR you must keep up your dialogue and OP must keep educating tribes throughout the U.S. so that if a Tribal Member see's these same issues within their tribe they might have success against The Government or Tyrant.

Thank You RR and OP for your continued efforts against disenrollment. They do not go unnoticed. Love it Brothers!

May God Bless us All. AHO!

Reinstatement_Restitution said...

Thank you for your kind words Blue Dove. I plan to keep working because there is so much work to do.

Please be clear that the strategy I am delineating requires Indians to assert their rights as U.S. citizens. The ICRA does not apply to persons who are not enrolled in Federally Recognized Tribes. The provisions are in the Bill of Rights.

The Courts have never been cornered into ruling if Indians are entitled to Civil Rights protections since they are U.S. Citizens. Tribes can violate the rights of members, but not of non-members over whom they have no authority or jurisdiction.

This needs to be asserted in a tribunal under judicial review. That is part of the requirements right of due process.

All the best and keep fighting. The truth shall set us free.

Anonymous said...

That is exactly the truth. share it, and others who believe and practice the true indian way will support and share their thoughts. Pechanga and others can accept the truth and make the right decision, or ignore the truth and dishonor ALL ancestors and carry that with them now and when they leave. I support the truth even when I don't agree, life is to short to go against the creation. We are ALL here for a reason.