Tuesday, April 11, 2017

Is Trump's U.S. Justice Department FINALLY Recognizing Indian Tribal Members ENTITLED to DUE PROCESS?

The U.S. Attorney's office, representing the United States and the Secretary of the Interior Ryan Zinke vs. The Nooksack Tribe in a court filing has said:

Image result for us justice department logo

Federal law provides that a tribal government CANNOT deny tribal members due process; Indian Civil Rights Act   (page 9)

What about actions that tribal governments who have denied due process to tribal members in disenrollment proceedings (i.e. Pechanga, Pala, Chukchansi).     Is there now a course of action to be taken for those 10,000+ who have been denied due process?  Will the U.S. Attorney now stand with the numerous Native Americans who have been denied due process in their disenrollment.

After 49 years, the U.S. Government is enforcing the Indian Civil Rights Act as it applies to Nooksack.  Better late than never.  Thanks to Jeff Sessions and his Department of Justice.  Are they REVERSING Obama's hands off policy in the face of criminal conspiracies within tribes?

Fitting that TODAY is the 49th anniversary of ICRA (h/t Emilio Reyes)

Here's the footnote with the US Attorney's conclusion.

10 The manner in which the disenrollment occurred is a separate cause for concern by the Secretary. Reportedly, the Kelly Faction held mass disenrollment “hearings” consisting of a conference call of no more than 10 minutes in length. The apparent denial of adequate due process constitutes a separate basis for doubting the validity of the disenrollments. Federal law provides that a tribal government cannot deny tribal members due process; Indian Civil Rights Act, 25 U.S.C. § 1302. Like many tribes, Nooksack incorporated ICRA into its tribal constitution (Article IX of the Nooksack Constitution and By Laws). An order of the Nooksack Tribal Court dated January 26, 2016, elaborates on the due process requirements for disenrollment.

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