Fighting for Fairness and Justice in Casino Indian Country: The Battle Against Tribal Disenrollment in Native American Communities

Disenrollment is a widespread issue that plagues over 80 Native American communities and represents a despicable abuse of power and a clear violation of human rights.

Tribal disenrollment is a heinous act that represents a despicable abuse of power and a clear violation of human rights. It is a practice that seeks to strip Native Americans of their cultural heritage, their identity, and their voice. Those who carry out this practice are nothing less than oppressors, seeking to maintain their power and control over tribal communities through the most heinous means possible. It is an affront to justice, fairness, and basic human decency

As a society, it is our duty to stand up and speak out against this injustice. This fight is not just about tribal membership, it is about upholding fundamental principles of fairness and justice.

The disenfranchisement of Native American communities cannot continue unchecked. We must demand that those responsible for these practices are held accountable.

Congress and Native advocates have an important role to play in speaking out against this injustice and supporting those who have been disenrolled. Together, we all must work towards ensuring that each member of tribal communities are treated with dignity, respect, and fairness.

We must amplify the voices of those who have been disenrolled so that their stories can be heard and their rights protected.

It's time for us to work together to bring an end to tribal disenrollment and to ensure that the cultural heritage of Native American communities is respected and preserved for generations to come.

This is not just a fight for justice and fairness, it is a call to action for all of us to stand in solidarity with those who have been disenfranchised and to demand accountability from those who seek to deny us our rights.

 LEARN MORE ABOUT TRIBAL DISENROLLMENT HERE

Disenrollment and the Betrayal of Tribal Members' Civil and Human Rights With Tacit Approval of Congress and Native America

 A quick follow up to Paul Johnson's article AREN'T Native Americans Entitled to Civil Rights  read that, then this.

The violations of civil and human rights that occur when individuals are disenrolled without due process are abhorrent. The following are some of the key rights that are violated in such cases:

Unbiased tribunal: All individuals have the right to a fair and unbiased hearing. When tribal governments fail to provide an impartial tribunal, the integrity of the process is compromised.

Notice of proposed action and the grounds on which it is based: The right to notice is a fundamental principle of due process. Without proper notice, individuals may not have the opportunity to prepare a defense and respond to the charges against them.

Opportunity to present a reason why the action should not occur: The right to be heard is essential to due process. When individuals are disenrolled without the opportunity to present their case, their rights are violated.

Right to call witnesses on your behalf: The right to call witnesses is a fundamental aspect of a fair hearing. When individuals are disenrolled without the ability to call witnesses, they are denied a fair process.  The action of disenrollment abusing this principle makes the action unjust

Right to know what evidence is brought against you: Without the right to know what evidence is being used against them, individuals may not be able to mount a proper defense.  In our case, Pechanga IGNORED the evidence they paid for, since it didn't produce the action they wanted.  They accepted hearsay evidence

Right to have the decision based only on the evidence: STOP LAUGHING!   Decisions must be based solely on the evidence presented in a fair hearing. When decisions are made without proper evidence, individuals may be disenrolled unfairly.

Right to counsel: The right to counsel is a fundamental principle of due process. When individuals are disenrolled without the ability to have legal representation, their rights are violated.

Right to a public proceeding: The right to a public proceeding helps ensure transparency and accountability. When hearings are held in secret, the process is more likely to be unfair.  When we are told we can't speak about it, it's unjust

A record of the proceedings: The right to a record of the proceedings helps ensure that decisions are made based on the evidence presented.  We weren't allowed writing implements..we you?

Right to judicial review: The right to judicial review helps ensure that decisions made by tribal governments are subject to review by an impartial court.   WHY the need to invoke sovereignty, when a review of the facts, if just, would stand for themselves

When any of these rights are violated, the integrity of the disenrollment process is compromised, and the rights of the impacted individuals are violated.   Any rights, not all....but if all are violated, there is no justice

The Painful Legacy of Tribal Disenrollment: How Pechanga's Ancestors Are Crying Out for Justice

 

Dishonors our Ancestors who
have been together from
TIME IMMEMORIAL

It is deeply disheartening to witness current council members disregard over three decades of the Pechanga band's history between 1970 and 2000.  It is equally dismaying that they seek to erase the oral depositions recorded by several Ancestors of the Pechanga band in 1915.  BRING ALL our PEOPLE HOME.

We owe it to our shared Ancestry, including those we ADOPTED INTO THE TRIBE, to uphold the honor and dignity of ALL band members, from our predecessors to the present day.

The fact that Allotted Indians at Pechanga can be stripped of their voting rights, water rights, and their rightful share in casino profits is a travesty. It is a dishonor to our Ancestors and their federal and band recognition. Are they the same tribe that was federally recognized?    We cannot remain silent in the face of such injustice.

Our Ancestors deserve the truth, and it is our duty to honor it, ALL OF US. Let us stand together in solidarity and fight against any faction that seeks to undermine our shared heritage and dishonor the legacy of our forebears.

The time has come to demand that our rights be respected and our voices heard.  We will not rest until justice is served, and the truth prevails.  Our ancestors DEMAND it.

READ:  Mark Macarro's Legacy: Harming Indians, Lying to Congress and APARTHEID at Pechanga

The reason why the truth about Pechanga's disenrollment remains unchanged is that the tribe refuses to allow it to be openly discussed in an unbiased forum such as a court of law (The Pechanga General Council, THE PEOPLE) where both sides could present their case. Despite what Pechanga claims about courts, this has never happened.

If you think that our appeal, and that of the Manuela Miranda descendants were fair and unbiased, consider this: the people who ruled and voted against us during our disenrollment were also on the tribal council, and our appeal was heard by the same council. This is a clear conflict of interest and would never be allowed in any court of law or other impartial panel.

When we asked that those who ruled against us from the enrollment committee recuse themselves from participating in our appeal, it was met with ridicule and a refusal to step aside. Can we honestly say that we received a fair hearing? It is akin to asking a thief to sit on the jury of their own case.

This is just one example of the unfairness that the enrollment and tribal council engaged in. There are several by-laws that were not considered and were outright broken. Pechanga is clearly afraid of the truth and is unwilling to face the consequences of their actions

Pechanga Chairman Mark Macarro's Selective Amnesia: Ignoring Present-Day Trauma While Denouncing Historical Wrongs

Pechanga works to end being associated with the historical traumas of our ancestors, yet is willingly blind to the CURRENT TRAUMA they have perpetrated on our ancestor's descendants.  WHY is 19th century trauma, worse than 21st century trauma to the living?  MY FAMILY's Pechanga ancestors were abused by mission priests, the Spaniards, the Mexicans and the heritage they bequeathed us with, has been abused by Pechanga leadership. 
 
Pechanga has dropped the term LUISENO from it's well known name, as reported in the Press Enterprise .  

Pechanga Chairman Mark Macarro stated:  “We have long discussed this name and its origins associated with the mistreatment, enslavement and killing of our ancestors.”

It is a grave oversight for Chairman  Macarro to denounce historical abuses while turning a blind eye to the present-day travesties perpetuated by his council of tribal leaders through disenrollment.

While he rightly acknowledges the mistreatment, enslavement, and killing of our ancestors, he conveniently ignores the current mistreatment inflicted by our own Pechanga leaders.

The trauma inflicted upon our people by mission priests centuries ago finds its modern counterpart in the egregious act of disenrollment.  Those of us who suffer this injustice experience a profound loss, not just of tribal affiliation, but of their very identity and heritage. The pain runs deep as they are forcibly severed from their ancestral roots, denied the connection to their tribe that is rightfully theirs.  This betrayal by those including Chairman Mcarro, who should protect and uphold their people's legacy only deepens the wounds of historical injustice, perpetuating a cycle of trauma that echoes across generations. It is time for tribal leadership to acknowledge and rectify these present-day abuses, prioritizing unity and healing over division and disenfranchisement.

At Pechanga, the disenrollment of my ancestor Paulina Hunter, 107 years after she died, and  decadess after she spent so many weeks of traveling by wagon from Los Angeles, to Temecula, to be included in the censuses was a direct attack, by people who were not with the tribe at that time.   The Butch Murphy family for one.

For many Native Americans, being part of a tribe is not just a matter of ancestry or heritage. It is a vital part of their identity, providing a sense of belonging and community that is difficult to replicate elsewhere. Losing that connection can be isolating and traumatic, leaving people feeling adrift and disconnected from their cultural and social roots. 

The 21st century should be a time for healing for all those who have been abused.  And there are 11,000 of us.  Come on, Chairman Macarro, DO THE RIGHT THING.

The Trauma and Pain of Losing Tribal Heritage: The Devastating Consequences of Tribal Disenrollment Kept SECRET

 Disenrollment is the process of removing members from a tribe's rolls or membership, effectively stripping them of their tribal heritage and all the associated benefits that come with it.

This is an experience that can cause immense pain and heartbreak for those affected. Losing tribal heritage through disenrollment can have significant social, cultural, and economic consequences, and the impact is often felt for generations.  This is an abuse of our ancestors.

For those who have been disenrolled, the pain of losing their tribal heritage is multifaceted. They may feel a profound sense of loss and grief as they are cut off from their ancestral roots and no longer have a connection to their tribe. They may also feel a sense of betrayal, as the tribe that they believed to be their family turns its back on them.

At Pechanga, the disenrollment of my ancestor Paulina Hunter, 107 years after she died, and the same after so many years of traveling by wagon from Los Angeles, to Temecula, to be included in the censuses was a direct attack, by people who were not with the tribe at that time.   The Butch Murphy family for one.

For many Native Americans, being part of a tribe is not just a matter of ancestry or heritage. It is a vital part of their identity, providing a sense of belonging and community that is difficult to replicate elsewhere. Losing that connection can be isolating and traumatic, leaving people feeling adrift and disconnected from their cultural and social roots.  Read NATIVE HEART  written by my cousin Della.

Disenrollment can also have significant economic consequences, as those who are removed from tribal rolls lose access to tribal resources, including healthcare, education, and financial assistance. This can be particularly devastating for those who rely on these resources to survive, such as the elderly or those with disabilities.

The loss of tribal heritage through disenrollment can also have a profound impact on future generations. Children and grandchildren may be cut off from their tribal heritage and culture, leading to a loss of traditional knowledge, language, and values.  IN FACT, PECHANGA sent jack-booted thugs to pull our youth from the tribal school, see that video description here.
This can have a lasting impact on their sense of identity and their ability to connect with their community and cultural roots.