Indianz.com has a scathing story on the despicable Pala Band of Mission Indianz and its porcine chairman Robert Smith.
Two children who were disenrolled by the Pala Band of Mission Indians which, disenrolled 162 members cannot be protected by the Indian Child Welfare Act, a California appeal court ruled on Tuesday.
The tribe formally objected in July 2009 when K.P. and Kristopher were put up for adoption. Their mother, Michelle T., is enrolled.
But sometime during the proceedings, the tribe disenrolled the children. As a result, they are no longer considered "Indian," the court determined.
"Under federal and state law, the Indian tribe's membership determination is conclusive," Judge Cynthia Aaron wrote in the unpublished opinion. "The record shows that enrollment is a prerequisite for Pala Band membership, and that the Pala Band determined that K.P. and Kristopher are not members of its tribe."
SO, are tribe's doing the government's "dirty work" in getting rid of Indians? Now, disenrollment means one is NOT Indian..while at the same time, there is NO requirement that you have to be INDIAN to be a tribal member?
Michelle tried to argue that the tribe's enrollment decision's are subject to review by the Bureau of Indian Affairs. A federal judge has rejected that view but the case is currently pending before the 9th Circuit Court of Appeals.
Separately, the 9th Circuit has rejected a different disenrollment lawsuit filed by former members who tried to sue individual tribal leaders rather than the tribe itself.
Assistant Secretary Kevin Washburn, the head of the BIA, has been a strong advocate for ICWA. Just last month, he told the National Congress of American Indians annual convention in San Diego, California, that the law remains under attack by non-Indian interests.
And, apparently, INDIAN INTERESTS
Washburn's position on disenrollment, though, inadvertently contributed to the negative decision this week. The court cited his 2013 letter in which he said the BIA lacked the authority to review the Pala Band's membership matters.
More directly, the court relied on the ICWA guidelines that Washburn issued in February. In that document -- which does not carry the force of law -- the BIA urged state courts and state agencies to defer to tribes in determining who is and who isn't an "Indian."
Inadvertent means he had no idea. Who would believe that? He knew what would happen, he just didn't care. The JERK WASHBURN WROTE THIS:
The ICWA guidelines define an "Indian child" as follows:
Indian child means any unmarried person who is under age eighteen and is either: (1) a member of an Indian tribe; or (2) eligible for membership in an Indian tribe and the biological child of a member of an Indian tribe.
In a section titled, "Who makes the determination as to whether a child is a member of a tribe?" the document reads:
The State court may not substitute its own determination regarding a child’s membership or eligibility for membership in a tribe or tribes.
Some crooks like Robert Smith, OR Morris Reid of Chukchansi, or Mark Macarro of Pechanga have all harmed Indian Children, some numbering in the HUNDREDS. SHAME ON THEM...