Sovereign Immunity Used as Excuse for Injustice: Bureau of Indian Affairs Fails to Uphold Fiduciary Duty to Protect Native American Citizens

Oh, NO!  He's writing a mean post against (gasp!) tribal sovereign abuse again!  And the henchman at the BIA! (well, okay)


The Bureau of Indian Affairs is a shameful disgrace to the United States government. They claim to protect the rights of Indian citizens, yet they ignore illegal acts and racketeering against these very citizens under the guise of "sovereign immunity." This is nothing short of a travesty and a clear violation of their fiduciary duty as government officials.

It is outrageous that the BIA chooses to turn a blind eye to these injustices, effectively condoning them and creating a hostile environment for Indian citizens and the suddenly non citizens. What's worse, these citizens are/were not only members of a sovereign nation, but also United States citizens.

The BIA has a duty to ensure fair treatment for all citizens, not just chiefs and chairmen.

If such civil rights violations were to occur in a foreign country, at least the U.S. citizen would have the support of the U.S. embassy. 

However, Indian citizens are left to fend for themselves, with no protection from the very government that should be safeguarding their rights.  We see that happening now with the Nooksack 306 elders under eviction orders in Washington State.  They are completely ignored by their U.S. Senators Maria Cantwell and Patty Murray.

The BIA's failure to fulfill their legal obligation is not only disappointing, but also deeply troubling. By ignoring their duty to enrolled tribal members, disenrolled members whose membership was not protected and the Band as a whole, they are complicit in creating an environment where hostile takeovers like Chukchansi can occur.

As we keep saying, the issue of disenrollment and banishment of tribal members is a particularly egregious violation of individual civil rights. This practice is often used to cover up lawlessness and corruption within tribal governments, and it can have devastating consequences for those who are unfairly targeted. Being exiled from one's own community, especially from the sacred grounds of one's ancestors, is a deeply traumatic experience that can leave lasting scars.   And that's lateral violence and continues the historical trauma experience by so many Native people.

This is an absolute disgrace, and the BIA should be ashamed of their blatant disregard for the rights and wellbeing of Indian citizens. Secretary Deb Haaland, take the lead on protecting ALL Native Americans, not just the political donor class

Bureau of Indian Affairs Gets an "F" for FAILURE on Protecting Native Americans From Tribal Harm

The issue of tribal sovereignty and self-governance is complex and controversial. 

Many argue that tribes should always be allowed to exercise their sovereignty and self-governance, as these are inherent rights that should be respected by the United States government. On the other hand, some argue that there are times when the United States should intervene in tribal affairs, either for the sake of justice and protection of the individual Indian's civil and human rights.

MISSION STATEMENT of the Bureau of Indian Affairs:
The mission of the Bureau of Indian Affairs is to enhance the quality of life, to promote economic opportunity, and to carry out the responsibility to protect and improve the trust assets of American Indians, Indian tribes, and Alaska Natives.

There is an EPIC failure on the BIA's part of protecting AMERICAN INDIANS

The Bureau of Indian Affairs (BIA) has historically been criticized for its role in perpetuating a policy of non-interference in tribal affairs. This policy has often been seen as enabling tribal leaders to diminish or destroy democracy within their tribes, while also giving the BIA tacit approval for such actions.

One of the main criticisms of the BIA's policy of non-interference is that it allows tribal leaders to act with impunity, without fear of outside intervention or oversight. This can lead to situations where tribal leaders are able to engage in corrupt or undemocratic practices, such as nepotism, cronyism, or voter suppression, without any consequences.

Secretary Deb Haaland Releases Investigative Report on Indian Boarding Schools TRAUMA

 

Department of the Interior Releases Investigative Report, Outlines Next Steps in Federal Indian Boarding School Initiative

WASHINGTON — Secretary of the Interior Deb Haaland and Assistant Secretary for Indian Affairs Bryan Newland today released Volume 1 of the investigative report called for as part of the Federal Indian Boarding School Initiative, a comprehensive effort to address the troubled legacy of federal Indian boarding school policies. This report lays the groundwork for the continued work of the Interior Department to address the intergenerational trauma created by historical federal Indian boarding school policies.

This investigative report is a significant step by the federal government to comprehensively address the facts and consequences of its federal Indian boarding school policies—implemented for more than a century and a half—resulting in the twin goals of cultural assimilation and territorial dispossession of Indigenous peoples through the forced removal and relocation of their children. It reflects an extensive and first-ever inventory of federally operated schools, including profiles and maps.

The investigation found that from 1819 to 1969, the federal Indian boarding school system consisted of 408 federal schools across 37 states or then territories, including 21 schools in Alaska and 7 schools in Hawaii. The investigation identified marked or unmarked burial sites at approximately 53 different schools across the school system. As the investigation continues, the Department expects the number of identified burial sites to increase.

“The consequences of federal Indian boarding school policies—including the intergenerational trauma caused by the family separation and cultural eradication inflicted upon generations of children as young as 4 years old—are heartbreaking and undeniable,” said Secretary Haaland. (OP:  NOW do Disenrollment) “We continue to see the evidence of this attempt to forcibly assimilate Indigenous people in the disparities that communities face. It is my priority to not only give voice to the survivors and descendants of federal Indian boarding school policies, but also to address the lasting legacies of these policies so Indigenous peoples can continue to grow and heal.”

“This report presents the opportunity for us to reorient federal policies to support the revitalization of Tribal languages and cultural practices to counteract nearly two centuries of federal policies aimed at their destruction,” said Assistant Secretary Newland. “Together, we can help begin a healing process for Indian Country, the Native Hawaiian Community and across the United States, from the Alaskan tundra to the Florida everglades, and everywhere in between.”

As part of the Federal Indian Boarding School Initiative and in response to recommendations from the report, Secretary Haaland today announced the launch of “The Road to Healing.” This year-long tour will include travel across the country to allow American Indian, Alaska Native, and Native Hawaiian survivors of the federal Indian boarding school system the opportunity to share their stories, help connect communities with trauma-informed support, and facilitate collection of a permanent oral history.

“The Department’s work thus far shows that an all-of-government approach is necessary to strengthen and rebuild the bonds within Native communities that federal Indian boarding school policies set out to break,” added Secretary Haaland. “With the President’s direction, we have begun working through the White House Council of Native American Affairs on the path ahead to preserve Tribal languages, invest in survivor-focused services, and honor our obligations to Indigenous communities. We also appreciate the ongoing engagement and support for this effort from Members of Congress and look forward to continued collaboration.”

Volume 1 of the report highlights some of the conditions children endured at these schools and raises important questions about the short- and long-term consequences of the federal Indian boarding school system on American Indian, Alaska Native, and Native Hawaiian communities.

The investigation found that the federal Indian boarding school system deployed systematic militarized and identity-alteration methodologies in an attempt to assimilate American Indian, Alaska Native, and Native Hawaiian children through education, including but not limited to renaming Indian children from Indian to English names; cutting the hair of Indian children; discouraging or preventing the use of American Indian, Alaska Native, and Native Hawaiian languages, religions and cultural practices; and organizing Indian and Native Hawaiian children into units to perform military drills.

Despite assertions to the contrary, the investigation found that the school system largely focused on manual labor and vocational skills that left American Indian, Alaska Native, and Native Hawaiian graduates with employment options often irrelevant to the industrial U.S. economy, further disrupting Tribal economies.

The COVID-19 pandemic and its resulting closures of federal facilities reflect the need for further investigation. The report identifies next steps that will be taken in a second volume, aided by a new $7 million investment from Congress through fiscal year 2022. Recommendations by Assistant Secretary Newland include producing a list of marked and unmarked burial sites at federal Indian boarding schools and an approximation of the total amount of federal funding used to support the federal Indian boarding school system, and further investigation to determine the legacy impacts of the school system on American Indian, Alaska Native, and Native Hawaiian communities today.

Historic Secretary of the Interior Deb Haaland Has Had Nearly A YEAR to UNDERSTAND Tribal Disenrollment Abuse

Deb Haaland
Secretary of the Interior

         

It has been nearly ONE year, since that HISTORIC DAY when Deb Haaland from New Mexico was approved as Interior Secretary.  I wrote the open letter linked here, but I was advised in February 2021 to "give her time.  Well is NOW a good time?  Click here for the letter:   

WE'VE QUESTIONS on DISENROLLMENT IN THIS OPEN LETTER 

PLEASE .. make more history by calling out the Tribal abusers of over 11,000 Native Americans.  The knee-jerk response is always  sovereignty, but sovereign right doesn't make their actions right.

The huge bully pulpit the Secretary has, should be used to call out tribal chieftains and expose the dirty family secret of tribal disenrollment.

PETITION: WITHHOLD FEDERAL FUNDS TO NATIVE AMERICAN TRIBES WHO DISENROLL & BANISH ELDERS & FAMILIES

Sovereign Immunity is NOT Immunity from Condemnation or Sanctions.  

Disenrolled Redding Rancheria Native American activist Cam Foreman, who has been instrumental in getting Secretary of the Interior Deb Haaland on record with disenrollment has this petition on CHANGE.ORG (link fixed) that is building steam.  YOU can help with that by signing the petition and asking your friends and family to sign as well.

Disenrolled Elders, some disenrolled
posthumously

For nearly 20 Years, over 90 Native American Tribal Nations, most exclusively Tribes with Casinos, have abused & hid behind Sovereign Immunity to violate the Indian Civil Rights Act.

Also Article 9 of the UN Declaration on the Rights of Indigenous Peoples, violate heir own Tribal Constitutions, Treaties. including their Responsibility & Obligation to Protect the Rights of Their Citizens by orchestrating conspiracies to Disenroll & Banish over 10,000 of their Tribal Citizens.   

PLEASE SIGN the petition at the Change.org link above.

San Pasqual Tribe: Alegre v U.S. Decision Renders Victory for U.S.

 

The five year struggle to bring a case against the BIA by San Pasqual descendants in the ALEGRE v US case has some decisions today.  The Alegre case seems to suffer here.  Read backstory in JOSE JUAN Descendants  

(1) DENYING PLAINTIFFS’ MOTION TO COMPLETE THE ADMINISTRATIVE RECORD, (Doc. No. 136) 

Plaintiffs have not carried their burden in establishing merit to their claim. In sum, in the face of Defendants’ designation of the administrative record, Plaintiffs fall short in providing “clear evidence” that the record is incomplete. Accordingly, the motion to complete the administrative record is DENIED WITHOUT PREJUDICE.

(2) GRANTING IN PART AND DENYING IN PART PLAINTIFFS’ MOTION TO STRIKE THE ADMINISTRATIVE RECORD, (Doc. No. 139) 

Muscogee Creek Indian Freedmen, Rep. Danny Davis Re-introduce H.R. 4637 to SEVER RELATIONS With Creek Nation

 Excellent news from our friend Rhonda Grayson of the Muscogee Creek Indian Freedmen.

The Muscogee Creek Indian Freedmen Band Inc. is Thrilled to announce that H.R. 4637 was introduced by Congressman Danny Davis on July 22, 2021.  We have worked tirelessly with Congressman Danny Davis staff to ensure that HR 1514, introduced in the 116th Congress, was reintroduced in the 117th congress, now H.R.4637. 

The intro to that bill reads:
H.R.1514 - To sever United States Government relations with the Creek Nation of Oklahoma until such time as the Creek Nation of Oklahoma restores full Tribal citizenship to the Creek Freedmen disenfranchised in the October 6, 1979, Creek Nation vote and fulfills all its treaty obligations with the Government of the United States, and for other purposes.

The express purpose of H.R. 4637 introduced on behalf of Creek Freedmen is To sever United States Government relations with the Creek Nation of Oklahoma until such time as the Creek Nation of Oklahoma restores full Tribal citizenship to the Creek Freedmen disenfranchised in the October 6, 1979, Creek Nation vote and fulfills all its treaty obligations with the Government of the United States, and for other purposes.

WHAT can YOU DO?  ASK your representative to SUPPORT this action.  

Tribal Disenrollment vs. Federal Recognition: HUGE Disparity in Proof Needed for Recognition Vs. DeRecognition

Native American tribes looking for Federal Recognition have to jump through MANY HOOPS and show mountains of PROOF to be federally recognized.  The 35 page PDF is HERE  but here is an example of what they need below.

 Shouldn't tribes that disenroll their people have to show SOME proof that can be evaluated before US Indian affairs De-RECOGNIZES Natives?

a. Proposed Elimination of Current ‘‘Criterion (a)’’ and Requirement for External Observer as an Independent Criterion b. Proposed Criterion (a), Requiring Narrative of Pre-1900 Existence 

Silence on Tribal Disenrollment by Advocacy Groups NARF, NCAI, NIGA and Interior Dept FAVOR THE OPPRESSORS

Neutrality helps the oppressor, never the victim Silence encourages the tormentor never the tormented
Eile Wiesel

Interesting how quickly the NCAI came out against the decision by the Dept. of Interior on the Mashpee Wampanoag people. Days, yet for over a DECADE, they've been completely SILENT on the abuses, the oppreession, the torment BY TRIBES on the disenrollment issue in fact MISSING IN ACTION.  

NARF, NCAI and NIGA

Professor David Wilkins, who has written extensively on disenrollment, calls out Native American organizations that we've written about who've buried their heads in the sand to avoid the topic of Indians abused by their own tribes.


Open letter to the leaders of the National Congress of American Indians (NCAI), Native American Rights Fund (NARF), and National Indian Gaming Association (NIGA):

Dear Native Leaders,

Each of your organizations, founded at critical moments in native history–NCAI in 1944, NARF in 1970, and NIGA in 1985– have and continue to play vital roles in the political, legal, and economic development of Native nations. I write you all now to request that you continue to remain vital and relevant by taking an unequivocal stand against spurious disenrollment practices that destroy the human and civil rights of individual native citizens and threaten the sovereign powers of all Native nations.

NCAI is the largest (over 250 member nations) and one of the oldest interest groups representing indigenous peoples. The organization was born during the turbulent period when the federal government was aggressively moving to politically and legally terminate over 100 tribal nations. NCAI fought against giving state governments’ greater jurisdiction over tribal peoples and their resources, and fought against relocation policies that compelled thousands of tribal citizens off their homelands and into major urban areas.

CONGRATULATIONS DEB HAALAND on Becoming INTERIOR SECRETARY in Historic Day

 A HISTORIC DAY as Deb Haaland from New Mexico is approved as Interior Secretary!   

WE'VE QUESTIONS on DISENROLLMENT IN THIS OPEN LETTER 

PLEASE .. make more history by calling out the Tribal abusers of over 11,000 Native Americans.  You might  say sovereignty, but sovereign right doesn't make their actions right.

Open Letter To Rep. Deb Haaland Candidate for Secretary of the Interior

 

Rep. Deb Haaland New Mexico

Dear Rep. Haaland

I stand with most of Indian Country, as we rejoice in your nomination to be the first Native American Secretary of the Interior for President-Elect Joe Biden.  I congratulate you on your consideration for such an important position.

Department of Interior HAS EMAILS on NOOKSACK Election Putting Their THUMB on the Scales to Thwart Justice

 

When the agency in charge of Indian Affairs, tips the scales AWAY from Justice, can their really BE JUSTICE in Indian Country?

Law 360 has the story up (payvwall) but essentially, former candidates for Nooksack council told the 9th Circuit that the Dept. of Interior illegally recognized a disputed group of Nooksack leaders, we wrote about that HERE in Aug 2018

The tribe, based in Washington state, has spent more than five years trying to kick hundreds of people off its rolls. The efforts were slowed by litigation and by the refusal of the Bureau of Indian Affairs to recognize the Nooksack government as legitimate.

But the tribe has turned the situation around, according to its recently-elected leader. Chairman Ross Cline said the dismissal of the lawsuit last week puts an end to a controversy that has attracted widespread attention in Indian Country and in the national media.

“On behalf of the tribal council and the Nooksack people, I am glad to report the successful conclusion of this dispute over tribal enrollment," Cline said after the decision was handed down on July 31. "Our people will now move forward on our journey of self-government.”

Attorney for the Nooksack 306 Gabriel Galanda has more details on his twitter account @ndnlawyer :

@USIndianAffairs

]changed department policy regarding Nooksack elections 'to accommodate inappropriate influence by a lobbyist,' [according] to emails between a DOI lawyer and the lobbyist in early 2018. The corruption at Interior seems stronger than that at Nooksack  Stay Tuned

Rep. Deb Haaland is FIRST NATIVE AMERICAN Secretary of the Interior

CONGRATULATIONS to REp. Haaland!  MOMENTUOUS 

 

A member of Pueblo of Laguna, the 60 year-old Haaland would become the first descendant of the original people to populate North America to run the Interior Department. It marks a turning point for a 171-year-old institution that has often had a fraught relationship with 574 federally recognized tribes.

The first-term House member, who hails from a top oil- and gas-producing state, has pledged to transform the department from a champion of fossil fuel development into a promoter of renewable energy and policies to mitigate climate change.
Interior, which manages roughly one-fifth of land in the United States, will play a critical role in delivering on Biden’s vow to combat global warming. The former vice president has pledged to halt all new oil and gas drilling on public lands and waters, a daunting task that faces both legal and political obstacles. The extraction of oil, gas and coal in these areas account for nearly a quarter of the nation’s annual carbon output.

Are Tribes like PALA the Correct Authority to Determine DEGREE OF INDIAN BLOOD

 

Kevin Washburn, this happened under YOUR WATCH with the leaders of the Pala Band of Luiseno Mission Indians.  WHY did you turn a blind eye?

The Britten Descendants arbitrarily had their Degree of Indian Blood LOWERED by the Executive Committee of the Pala Band of Luiseno Mission Indians of the Pala Reservation, California.   They were seeking their disenrollment, but the two issues can be separated.

THIS IS AN ISSUE OF WHO HAS THE AUTHORITY TO DETERMINE DEGREE OF INDIAN BLOOD.

The allowing of a Tribal authority to determine Degree of Indian Blood is not only a serious matter but one that will have serious consequences for the United States, State Governments, Indian Tribes and Individual Indians.

The United States is, as a matter of its sovereign power and under the Doctrine of Pre-Emption, the entity with the sole authority to determine the Degree of Indian Blood of an individual Indian.

THE PALA MATTER

President Elect Biden Chooses KEVIN WASHBURN to Head his Dept. of Interior Transition team

I know, let's choose the guy who was so ineffective in protecting the civil and human rights of over 11,000 Native Americans harmed by corrupt tribal leaders!!

Joe Biden Transition Team announcement

We've had some issues with former Secretary Washburn... read the links here

U.S. Secretary of the Interior Sally Jewell today announced that Assistant Secretary for Indian Affairs Kevin K. Washburn, after more than three years of leadership, will conclude his service to the Department and will return to the faculty of the University of New Mexico School of Law in January. Principal Deputy Assistant Secretary Lawrence “Larry” Roberts will lead Indian Affairs for the remainder of the Obama Administration.

SEE THESE LINKS ON WASHBURN and DISENROLLMENT:

Washburn Can't be Serious Part ONE
Washburn Can't be SERIOUS Part TWO
Washburn Can't be SERIOUS Part Three
Washburn Can't be Serious Part FOUR

NOOKSACK: Briefs are out in the Doucette vs Dept. of Interior

 



Doucette claims the BIA acted improperly (THEM? who would believe that? oh yea, THOUSANDS of us)   BIA says, what's a little quid pro quo amongst friends

The estimable Turtle Talk Blog has the briefs of the case we wrote about in 2017

US says:  Even if the Tribe’s attorney was encouraging the Department to

act more quickly in order to benefit third parties in another lawsuit that

fact does not make his communications with the Department improper

or otherwise undermine the propriety of the Department’s decision to

recognize the Council

Doucette says:   THE DISTRICT COURT ERRED BY NOT REQUIRING INTERIOR TO PRODUCE THE WHOLE ADMINISTRATIVE RECORD. “The whole administrative record,” as per 5 U.S.C. § 706, “is not necessarily those documents that the agency has compiled and submitted as the administrative record. The whole administrative record . . . consists of all documents and materials directly or indirectly considered by agency decision-makers and includes evidence contrary to the agency’s position.” Thompson v. United States Dep’t of Labor, 885 F.2d 551, 555 (9th Cir. 1989) (emphasis in original; citations omitted); see also Bar MK Ranches v. Yuetter, 994 F.2d 735, 739 (10th Cir.1993) (“The complete administrative record consists of all documents and materials directly or indirectly considered by the agency.”). The critical inquiry is what was before the decisionmaker “at the time of the decision.”9 Thompson, 885 F.2d at 555. Lobbyist Porter’s dogged requests that Interior aid his clients in Rabang I by March 9, 2018, were directly or indirectly before PDAS Tahsuda at the time of his decision on that very same day. ER 0096-0108, 0159. 

BIA LOSES SKIRMISH to Media Representative EMILIO REYES on FOIA/Tribal Disenrollment

Emilio Reyes, who has been working tirelessly for years on forcing the Bureau of Indian Affairs to be transparent on their complicity in tribal disenrollment, has won his latest skirmish.   You can read about his battles here and their attempts at the okie doke here

He reports:

FOIA Settlement Conference Update:

BIA must provide me 2,100 pages related to tribal disenrollment and waive a $300 fee because CA BIA has finally acknowledged me as a Representative of the News and Media.  Cccording to other BIA Agencies I have been categorized as a Rep. of the News and Media. CA BIA was the only Dept. Of Interior Agency challenging my requester category.  

Catching them in their subterfuge leads them to try any tactic to get out of providing the truth about the THOUSANDS of Indians they helped corrupt tribal leaders like Mark Macarro remove from tribes.

WELL DONE, my friend, well done. Amy Dutschke won't be happy.  And readers, remember this:
YOU WON'T WIN A FIGHT,if you aren't in the game

The Descendants of Freedmen of the FIVE CIVILIZED TRIBES will DEMONSTRATE at the MUSKOGEE Bureau of Indian Affairs

Descendants of Freedmen of the Five Civilized Tribes (Cherokee, Creek, Choctaw, Seminole and Chickasaw) and their supporters will demonstrate outside the Muskogee Bureau of Indian Affairs (BIA) building at 3 p.m. Friday. The building address is 3100 W. Peak Blvd.

INTIMIDATION and STALKING of NATIVE AMERICAN Women at NOOKSACK Tribe, By the POLICE CHIEF?

Hey, let me do a little target practice around your house. Rather than a firing range like all responsible gun owners.   The NRA would want you to be responsible, the Nooksack Tribe, apparently is okay with shooting guns around homes, as long as it's the home of someone suing their police.

Government Shutdown: Is The Bureau of Indian Affairs NON-ESSENTIAL?

Non Essential Personnel?

Curious that after sending some our our B.I.A employees a link to my post of Emilio Reyes' lawsuit regarding the department's failures in providing documents under the Freedom of Information Act, I got these bounce messages: