A revised letter to send to both the Indian Affairs Committee AND to YOUR local representavive and your Senators.
Senate Indian Affairs Committee
838 Hart Senate Office Building
Washington , D.C. 20510
Re: Request for Committee and field hearings on civil rights violations in Indian Country
Dear Chairman Barrasso and Honorable Committee Members:
I respectfully submit this letter as a request to your Committee to hold field hearings on the growing number of civil rights abuses occurring in Indian Country. Your recent hearings at the Wind River Reservation shows your commitment to finding the issues that are critical in Indian Country. We have critical issues here in California
The number of civil rights violations in Indian Country has reached epidemic proportions. Thousands upon thousands have been stripped or denied the basic due process and equal protection rights provided for in the United States Constitution, the Indian Civil Rights Act of 1968 (“ICRA”), and tribal laws.
We who have been harmed by tribes such as Pechanga, Pala, San Pasqual, Chukchansi, Redding, Grand Ronde and Nooksack to name just a few, would appreciate the opportunity to enlighten your committee on the issues.
The responsibility to address this issue does not lie with the Interior Secretary alone. Even the appelate court in CA erupted in derisive laughter in the recent Pala disenrollment hearing when it was stated that it was up to Congress to act. The number of civil rights violations in Indian Country will continue to grow unless Congress once again takes action, just as it did in enacting the ICRA, to further protect individuals from the “arbitrary and capricious” actions of tribal governments. The recent CA appeals court determined For sovereign immunity to bar claims against tribal officials, the claims must be based on actions the officials took in their official capacity and within the scope of their official authority. An official’s actions that exceed the scope of his or her authority are not protected. Tribes are acting outside the scope of authority without concern for the law, or tribal law.
Considering the current situation and an environment which rewards the villain and punishes the victim, I ask you, “How do you plan to address this problem?”
I believe that hearings on the current civil rights situation in Indian Country are not only warranted, they are long overdue. Therefore, I respectfully request that your Committee hold hearings as an initial step to further action that will uphold and enforce the rights of those who, to date, have been stripped of or denied the basic rights guaranteed by law.
I trust you will thoughtfully consider my request, and I will eagerly await your response.