|Tribal Disenrollment Dishonors the Ancestors|
Potter believes Public Law 99-346 of 1986 waived the Tribe’s immunity when it accepted the transfer of funds in creating an investment account, and that the Tribe violated the Indian Civil Rights Act in disenrolling the Lown/Fowler/Wheaton families.
Attorney Paula M. Fisher, who is representing the Fowler/Wheaton families in the appeal, likens the disenrollment to the treaties that the federal government made with tribes and failed to honor, only in reverse.
Alleged violation of PL 99-346, also known as the “Saginaw Chippewa Indian Tribe of Michigan Distribution of Judgement of Funds Act,” provides that anyone tracing to the tribe’s historic rolls with at least one quarter Native blood whom applied for membership within 18 months of the amended Constitution in 1986 would automatically become Tribal members.
Violation of the law is a claim that has not previously been made in the Tribe’s Community Court, Fisher said.
READ: SAGINAW CHIPPEWA: NO ONE IS SAFE..EVER
“The bottom line behind it is that the Tribe promised Congress, the Senate and the Bureau of Indian Affairs in 1986 that if was allowed to retain the control and use of the remaining docket monies (more than $10 million), anyone who would have been eligible to receive those remaining docket funds who was at least a quarter blood and applied for Tribal membership during open enrollment would be eligible for Tribal membership,” Fisher said. “So, the Tribe built its empire on the back of the Fowler/Wheaton family and others by taking their docket funds and now that the empire is built, the Tribe no longer has a use for these members and wants them gone.
READ the FULL Article HERE:
The case law appears to be solid. I am surprised they haven't gone outside the tribal court and filed for a preliminary injunction. Is there some kind of exhaustion of internal remedies required in tribal law?
I'm wondering myself if there is Internal remedies in tribal law. "and if there is"..They should get a lawyer.
Post a Comment