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

ALASKA FEDERATION of NATIVES Has Resolution OPPOSING BIA's Ending of CDIB PROGRAM Ready for VOTE

Good News coming from Alaska: There will be a vote to oppose the termination of BIA's degree of Indian Blood program the NCAI also came out against after Emilio Reyes has brought these issues to light

The Alaska Federation of Natives (AFN) is pleased to share the 2018 Draft Convention Resolutions that will be considered by AFN delegates on Saturday, October 20th at the Dena’ina Center.

Each year, members of the Alaska Federation of Natives (AFN) submit proposed resolutions, which are reviewed by AFN’s Resolutions Committee and the AFN board of directors, and then introduced for consideration at AFN’s annual Convention.


Draft Resolution 18-23

A RESOLUTION OPPOSING THE TERMINATION, AND SUPPORTING CONTINUATION, OF THE BUREAU OF INDIAN AFFAIRS’ CERTIFICATE OF DEGREE OF INDIAN BLOOD PROGRAM

5,000 Natives voting on the issue...

B.I.A. and their FOIA TEAM Meet the immovable object: EMILIO REYES,

Emilio Reyes

EMILIO REYES, of the NEWE TONGVA nation, which is working for their federal recognition and a contributor/media analyst to our website has scored  a coup with his challenges to the Bureau of Indian Affairs, read how Javin Moore was called out.  After a number of email exchanges including this one below, with FOIA officer Jessica Rogers, this seems to be more of their OKIE DOKE maneuvers.



As Emilio reported to me:

In a previous court case, it was determined thru the Court that the BIA CANNOT withhold or redact 1928 CA Indian Applications related to the 1933 Indian Census Roll as they are in the public domain with no restrictions.

The Agency continues to be non-compliant to my FOIA requests, even after the previous win case. The records requested in this FOIA request pertain to a family allegedly claiming affiliation with the Hopland Band of Pomo Indians, but are listed in the early records as Cabazon Indians. Similar story is happening in other tribal bands such as the San Pasqual Band Of Mission Indians.

STOP DISENROLLMENT Discussion on NATIVEOPINION.com

I know it's late notice, but please make every attempt to listen in tonight to Michelle Hammock and Emilio Reyes as they discuss disenrollment in Native America.

These two have been working hard getting this issue out front.  Please share this post quickly.....

nativeopinion.com     I have added the podcast here:



Listen to "Episode 134 "And Thier Beat Goes On"" on Spreaker.

Support FEDERAL RECOGNITION for the NEWE TONGVA NATION. Gabrielino was erroneously omitted from the list of entities eligible to receive services

FIND THE GOFUNDME Page HERE

The Newe Tongva Nation, a band of Gabrielino Indians, led by Chairman Ronnie Fierro is seeking federal recognition, demanding in the California Southern District Court for federal recognition of the Tribe.

The Tribe is not requesting review under the acknowledgement process at 25 C.F.R. Part 83 because the Tribe was and continues to be federally recognized. Gabrielino was erroneously omitted from the list of entities eligible to receive services from the BIA brownshirts in error.

BIA Slapped with ANOTHER LAWSUIT on PECHANGA RECORDS FAILURE

Emilio Reyes, Tongva researcher, has a great post up in the DAILY KOS explaining his most recent FOIA lawsuits due to BIA failures to comply.

I have been conducting extensive research in the records of the Bureau of Indian Affairs (“BIA”) for many years now. During my five years of research, I’ve located important historical records that relate to my personal ancestry and other members of my tribe. Subsequently, I started researching many family lines in different tribes, including Pechanga, Pala, San Pasqual, who have been affected via tribal disenrollment. 

Gabrielino Native American sues the Department of Interior: SIXTH Action APPROVED for Suit.

Emilio Reyes, a Gabrieleno Tongva, a tribe which is currently NOT federally recognized, is our guest blogger, Reyes is the founder of STOP Tribal Genocide...

For over five years I've done extensive research on the archives on the records created by the Bureau of Indian Affairs. A good friend of mine, Rick Cuevas, proprietor of Originalpechanga.com and a Pechanga disenrollee shed the light of many issues happening in Indian Country of which I was unaware. When I found out Natives were losing their tribal and federal rights due to tribal disenrollment, I immediately started researching the families affected and see how I could help.

Presently, the Bureau of Indian Affairs oversees 567 Federally recognized tribes through four offices: Office of Indian Services, Office of Justice Services, Office of Trust Services and the Office of Field Operations.

On June 2017 I filed the first lawsuit against the Department of the Interior; Bureau of Indian Affairs. This was the result of non-compliance on Freedom of Information Act Requests.

The following is the story on how the 'Indian' was designed to fail, to be expendable, to be eliminated. 

An act of Congress of May 18, 1928 (45 Stat. 602), authorized the attorney general of California to bring suit in the U.S. Court of Claims on behalf of the Indians of California for benefits they would have received under the 18 treaties negotiated with the U.S. A trust fund was created with appropriations made by Congress for educational, health, industrial and other purposes benefiting California Indians.

California Indians were provided a six page application and required by law to answer 28 questions which related to the individual Native American claiming eligibility such as tribal affiliation, blood degree and family history. Upon completion of this work, a census was created listing 23,787 Native Americans who claimed California Indian ancestry. Today the Bureau of Indian Affairs and the Office of Federal Acknowledgement, claim these applications were approved with little or no verification. 

Native Americans are being disenrolled from their tribes and mostly due to these 1928 California Indian Applications. Tribal disenrollment, is the modern assimilation process which terminates the citizenship of Native Americans in their tribes. 

The Bureau of Indian Affairs has advised Federally Recognized tribes, that these applications cannot be used as membership and enrollment criteria. Tribes still often decide to go back to these 1928 applications and revisit the historical errors made by B

IA. Especially if it works to their advantage in disenrolling tribal members. Even though not confirmed, the oral histories of our elders have mentioned these applications approved by the Act of 1928 were mainly filled out by the Examiners during the enrollment of California Indians.

We have been able to confirm many historical errors in some of California Indian reservations. The San Pasqual Tribe, located in Valley View, CA, seat of San Diego, is the perfect example of erroneous enrollment by the Bureau of Indian Affairs. A white man by the name of Frank Trask was hired to take care of the San Pasqual Indian Reservation, married a Baja California Indian who resided in the Mesa Grande Reservation, the family then occupied the San Pasqual Indian Reservation and made sure to keep the real descendants out, an ongoing problem happening for decades, and continuing to this day.

California is the State where most tribal disenrollment are happening. I started conducting research on families that have been wrongfully disenrolled or have questionable Indian Ancestry. In my research I have found that there exists many inconsistencies, not by the genealogy of the individual in question, however, in the actions by the Bureau of Indian Affairs and most of the times by tribes. 

In these Freedom of Information Act Requests, the Bureau of Indian Affairs has been non-compliant to FOIA requests. Interestingly, most BIA agencies outside of California have been compliant except the leading state on tribal disenrollment. The agencies in California which include the Pacific Regional Office, the California Central Office and the Southern California agency, have provided most records redacted, claiming exemptions that don't apply, even when there is nothing that can compromise the information on the requested records.

Nevertheless, the administrative appeals have been filed in the appropriate department for the Bureau of Indian Affairs, which is handled by the Office of the Solicitor, the Office continues to fail to acknowledge or denied receipt of its appeal. 

While 9 complaints are pending against the Bureau of Indian Affairs, the District Court of Southern California has decided to move forward on six cases. FOIA requires all agencies of the federal government to release information to the public upon request, unless the agency demonstrates that one of the nine specific exemptions applies. FOIA also encourages accountability through transparency and it’s the most prominent expression of a profound national commitment to ensuring an open government. 

Read more on Marcus Alto here:

FOIA Lawsuit San Pasqual - Marcus Alto by Original Pechanga on Scribd

  

Emilio Reyes descends from the Gabrielino Tongva Tribe. Emilio is the Founder of Stop Tribal Genocide, a movement dedicated in promoting Native American rights. Genealogist and Researcher specializing in Native American family lines. 

Justice Dept. Working OVERTIME Defending BIA on FOIA OKIE DOKES. Emilio Reyes Wants ANSWERS

BIA UNDER FIRE for
FOIA FAILURES

California’s BIA is next on STOP TRIBAL GENOCIDE founder Emilio Reyes' lawsuits: He just doesn’t give up with San Pasqual and Indian Affairs Pacific Region and their historically shady dealings.  This is a LONG post, please take a look

The Bureau of Indian Affairs, Southern California agency is withholding all responsive records on a Freedom of Information Act request regarding the Trask family who has occupied San Pasqual since 1909.

Because the agency claims exemption 6 in the request in question,  this complaint, embedded below, Reyes is requesting the Bureau of Indian Affairs to identify each document withheld, state the statutory exemption claimed and explain how the disclosure would damage the interests protected by the claimed exemption. Emilio reports that in multiple occasions provided death records to substantiate that these individuals are now deceased therefore, exemption 6 wouldn’t apply. Even though the administrative appeal was filed to the Office of the Solicitor, the agency decided to ignore his appeal.

In previous posts, Reyes claims the agency has been non-compliant to FOIA requests. Multiple complaints have been filed with the court that involve the California Pacific Regional Office and the Southern California Agency of the Bureau of Indian Affairs.

ER San Pasqual FOIA LAWSUIT by Original Pechanga on Scribd

The agency tends to withhold records and in some cases, redacts information on responsive records even when proof of death is provided. In previous conversations with Chief of Staff, he has brought up his concerns. Although he was advised to provide a recommendation on how to help the agency improve their tasks, Emilio thinks the problem is far beyond that. Unfortunately, the Chief of Staff Andrea Kadish, is on leave of absence, therefore possible solutions have been placed on hold.

Emilio’s extensive research has opened the light to covered up corruption in the San Pasqual Indian Tribe. His research includes the Trask-Lawson family who now sits on the tribal council. The requested records relate to the enrollment applications of deceased Trask family members that duplicates have been located in the National Archives, however, some pages are missing. Emilio claims that the repository of the BIA holds the missing pages that could prove the historical errors.

Stop Tribal Genocide Founder Emilio Reyes Forced to Sue BIA on FOIA Requests

Founder of Stop Tribal Genocide, Emilio Reyes files his first FOIA lawsuit, representing himself against the Bureau of Indian Affairs.  It seems at EVERY TURN, The Bureau of Indian Affairs drags its feet. ( see: BIA pulling OKIE DOKE )  NO WONDER they lost a Freedom of Infomation Act lawsuit to Nooksack.

The Bureau of Indian Affairs, Western Regional Office is withholding 1005 pages of responsive records on a Freedom of Information Act request. Since the agency claims exemption 6, by this complaint, Emilio is requesting the Bureau of Indian Affairs to identify each document withheld, state the statutory exemption claimed and explain how the disclosure would damage the interests protected by the claimed exemption.

Under exemption 6 the agency has the right to withhold records due to privacy concerns. However, the records requested are 77-97 years old. Under exemption 6 the agency has to do the following: 1) Request proof of death of the individuals listed on the records. 2) Provide responsive documents with redacted information 3) provide the records presuming the individuals are deceased due to the date of the records creation. The agency failed to follow any of these guidelines. Nevertheless, the acknowledgement and final letter was provided six months after the initial request.

The administrative appeal was filed to the Department of Interior (Office of the Solicitor) in Washington, DC. To this date, the appeal has not been acknowledged, accepted, or denied receipt. In accordance to 43 CFR 2.62, the basic time limit for responding to an appeal is twenty (20) business days. If the Department is unable to reach a decision on an appeal within the given time limit for response, the appropriate deciding official for FOIA appeals will notify the requestor of the statutory right to seek review in a United States District Court. The agency failed to follow these procedures.

Emilio says that even though the records are available in ancestry.com and also in the National Archives, some of the records in the repository of the Bureau of Indian Affairs, include additional notes and correspondence which are significant important to the research he's done on Mexican Indians living in the Arizona and California Indian reservations.

Pending complaints have been filed in the U.S. District Court of Southern California. Few of those complaints relate to records of the San Pasqual and Mesa Grande tribe, that the Bureau of Indian Affairs Regional Office is withholding in part or in full.

Here is the latest lawsuit to get the western region of the BIA to produce documents from a FOIA request.

Shouldn't the BIA do a better job of being in compliance?

FOIA Lawsuit Against BIA for COMPLIANCE Violations by Original Pechanga on Scribd

Can Donald Trump FAIL to UPHOLD Federal Trust Responsibility To the Same Magnitude as Barack Obama?

We KNOW that former President Barack Obama's administration FAILED to protect the individual Indian from harm by their tribal leaders.  Can we expect Donald Trump to fail as miserably?  Why do our leaders IGNORE THEIR MORAL RESPONSIBILITY?

WHO can be the BIGGER FAILURE on
Trust Responsibility to Native Americans

We write about tribal disenrollment most often, but this goes deeper, including coverage of health care and all the benefits that should come to ALL Indian people.

As noted Native American attorney Gabe Galanda wrote last year: