Grand Ronde Tribe Spares 16 from Disenrollment; 5 Council Members Vote NO

From their FACEBOOK PAGE: 

We are so happy for our friends and their families who were spared disenrollment from Grand Ronde at last night's Tribal Council meeting. While our own family continues to fight this heart wrenching battle we are comforted to know that, in this case, 5 members of Tribal Council made the right decision and voted NO to disenroll. Keep hope alive! 

Pechanga and Pala Disenrollment News Video From KCBS 2 in Los Angeles

Re-POST: KCBS Channel 2 reporter CRISTY FAJARDO reports on disenrollment for greed and power tonight. Pay special attention as to how WEAK the responses are from the two tribal chairmen, Mark Macarro and Robert Smith! They can lie and obfuscate with ease.

Here is the video:

Please SIGN this National Petition for JUSTICE

You can find this petition here:  National Petition for Justice

In 1968, the Indian Civil Rights Act "ICRA" was originally introduced and enacted as an effort to protect individuals from the "arbitrary and capricious" actions of tribal governments and/or officials. Unfortunately, while the "ICRA" was well intended and expressly forbid tribes from taking actions that violated an individual's rights, the "ICRA" failed to include an effective enforcement mechanism which would hold tribal officials accountable for violations of its provisions.

With no oversight of the "ICRA" and not one federal dollar being spent on the enforcement of fundamental civil rights of American citizens on Indian Reservations since 1978, we must do our part to ensure Congress appoints a special impartial counsel to investigate the ongoing denial of equal protection of the law and civil liberties in Indian Country.

It starts with your signature. One does not have to be Indian, or have been the victim of rights violations to sign - anyone can. Please sign, share and get family and friends to sign.

$18 MILLION DOLLARS Stolen from ALTO family at San Pasqual. (so far)

But, I'm sure the tribe will say, "it's not about the money.

A family fighting the San Pasqual Band of Mission’s efforts to eject them from the tribe got a victory in court this week.

The Valley Center tribe is trying to remove about 60 members of the Alto family from its rolls saying they don’t qualify for membership.

San Pasqual, which owns Valley View Casino, has cut off the Altos’ share of casino profits, denied them access to tribal elections and removed them from casino and tribal government jobs.

In 2011, the Altos sued the U.S. Department of Interior, which includes the Bureau of Indian Affairs, for going along with the tribe’s plans to expel them. The tribe has tried to intervene in the lawsuit saying it has the sole authority to decide who belongs and who doesn’t.

The U.S. Ninth District Court of Appeals ruled Thursday that the family’s case against the federal agency could go forward without the tribe’s involvement.

“This is a big victory for them and it gives them hope,” said Tracy Emblem, an Escondido attorney representing the family.

Attorneys for the tribe and the tribe’s chairman could not be reached for comment Friday. In documents, they argued that the court has no jurisdiction over the tribe because it is a sovereign nation and since enrollment decisions are internal tribal matters, the court cannot intervene.

However, in her ruling, Judge Marsha S. Berzon wrote that “the Band is not a required party” in the case because the family is only asking the court whether the BIA acted appropriately in its decisions, not the tribe.

The dispute began in 2008, when the tribe’s enrollment committee decided the Altos descended from a person who was not a member of the tribe.

The family traces its tribal heritage to Marcus Alto Sr., who died in 1988 and whose lineage was questioned by another tribal member. According to the tribe, Marcus Alto Sr. was adopted by a San Pasqual family and was not their biological son.

San Pasqual rules require a biological connection to the tribe.

Under many tribal government constitutions, tribes make final decisions about who belongs. But the San Pasqual tribe’s constitution gives that authority to the Bureau of Indian Affairs.

In 2011, BIA Assistant Secretary Larry Echo Hawk sided with the tribe, overturning an earlier decision by agency’s regional director, who said the evidence submitted by the tribe did not warrant the Altos’ ouster.

In its ruling, the appellate court also upheld a lower court’s decision to temporarily stop the removal of the Altos until the case is decided.

In the meantime, the Altos remain in legal limbo, Emblem said.

Though they are officially enrolled members of the tribe, the Altos don’t get their share of the casino profits — which for each adult family member was nearly $100,000 in 2011, according to court documents. Under a court order, the tribe is supposed to be collecting the payments in a trust fund to be distributed if the family wins its case.

Emblem said some of the family members are working but others have no jobs or can’t work.

“They are getting by,” Emblem said. “They are keeping the faith.”

DISENROLLMENT = STOLEN Tribal Heritage/Citizenship by Corrupt Tribal Leaders

Our govt needs to do its job and stand up for the weak and defenseless in Indian Country. Exercising moral outrage against tribal disenrollment includes:

1. Eliminate funding for tribes who violate the rights of their people.
2. No longer take land into trust for abusive tribes
3. Place enforcement actions into the Indian Civil Rights Act
4. Publicly expose the tribes who have harmed 11,000 Natives

Tribes have a right to do wrong, but they shouldn’t be supported by our politicians when they do.

I find it disconcerting that in all the years we have had mass terminations of tribal citizenships, no politician has stood up for those Indians who have been harmed by their tribe.  (See:  Like Being Raped and Going to your Rapist for Justice)

When you give it a cute moniker like “disenrollment”, it takes on the context of, say, losing your membership in the P. T. A. or the Kiwanis. And that makes it simpler for a politician to take tribal money and with the phrase, “tribes can choose their own membership” they can avoid taking a closer look at what it really entails.

Nooksack Tribal Leaders Bob Kelly FIRES Accounting Staff. Also VIOLATES Tribal Court's Ruling on Support Checks for 306

From the Nooksack 306 Facebook Page:

Not only has the Kelly Faction violated the Tribal Court's ruling by refusing to cut Christmas support checks to the 306 families, but today they fired the Tribe's accounting staff. 

On a day when the Tribe was closed, the Kelly Faction had the Tribal Police deliver all of the employees' belongings to their homes. Bob Kelly and his followers will stop at nothing!  But in the end, they WILL be held accountable. 

San Pascual Disenrollment of Alto Family GOES BACK TO BIA which FAILED to PROTECT THEM

IN an earlier post, we linked to the 9th Circuit Decision on the ALTO CASE.

We have the sections below that are breaking new ground in disenrollment case law:

(1)  P. 2, fn. 2. The Ninth Circuit understands that membership disputes "have been proliferating in recent years, largely driven by the advent of Indian gaming."    The tide may be changing.

(2) The Ninth Circuit for the first time clearly states that the federal courts have jurisdiction to review BIA actions under the Administrative Procedures Act (APA). On P. 25, the Ninth Circuit wrote "That the substantive law to be applied in this case is tribal law does not affect our jurisdiction over an APA challenge to the BIA's decision."    This is a very important statement from the appellate court because Tribes have used the "tribal law" arguing an intra tribal dispute as a defense to get cases dismissed around the country when a disenrollment action occurs, even though it also involves BIA action or inaction.

(3)  P. 17, The Ninth Circuit discusses the BIA's fiduciary duty to protect the Alto's access to tribal rights and benefits and recognizes the importance of preserving the status quo by analogizing removal off the federal rolls as similar to immigration proceedings (See P. 35).       This is important because being  removed from the federal roll is similar to losing citizenship and all rights.

(4) P. 26-36, the Ninth Circuit clearly sets out the reasons the Tribe is not entitled to "sovereign immunity" in the Alto case.              Disenrollment cases around the country have been dismissed based on sovereign immunity grounds, so this is a big step in the right direction. 

READ MORE ABOUT SAN PASCUAL AT THESE LINKS

San Pascual Evictions
San Pascual II
Larry Echo Hawk Screws Alto Family

9th Circuit Rules in favor of ALTO Family in San Pascual Disenrollment. ECHOHAWK decision smacked down...

I need help reading legalese, but it appears that the 9th circuit has ruled in favor of the Alto family vs. the corrupt San Pascual Tribe:

Finally, because the court’s review of the Disenrollment

Order is limited to the administrative record before the BIA,

see Fence Creek Cattle Co. v. U.S. Forest Serv., 602 F.3d

1125, 1131 (9th Cir. 2010), the Tribe could not offer new

evidence in the judicial proceedings that would materially

affect the outcome of claims one through three.

The Band also points to a dispute over the interpretation

of tribal law as evidence that the United States cannot

adequately represent its interests. Specifically, the Tribe

maintains that the Disenrollment Order took immediate effect

upon issuance, whereas the district court concluded (and the

BIA initially argued) that the Altos would retain their

membership status until the Secretary of the Department of

Interior approves a revised membership roll for the Band, on

which the Altos’ names do not appear.10 But the ability of the

district court to afford complete relief on the Altos’ first three

claims does not turn on the resolution of this dispute.

If the Disenrollment Order is invalidated and the case

remanded to the agency, then the effective date of the order

will be of no consequence: the Altos would have remained

members of the Tribe throughout the pendency of this

dispute, and would be entitled to any attendant benefits as

provided in the tribe’s governing documents and applicable

federal law. If, on the other hand, the Disenrollment Order is

upheld, then questions concerning the date of the Altos’

disenrollment can be addressed by the appropriate body or

bodies, whether that be the Band alone or the Band with an

appeal to the BIA.

I am waiting for some clarification... STAY TUNED...and SHARE.  

The full decision is HERE   Alto 9th Circuit

DOJ's Civil Rights Division On Protecting Native American...SOME NATIVE AMERICANS.

Our friend JOE LISKA who has the BLOG:  Joe’s Crime Blog/Human Rights Site    tipped us off to this publication of the Department of Justice Website.   We have written numerous letters to Attorney General Eric Holder with NO RESPONSE yet.

In keeping with President Barack Obama’s proclamation recognizing National Native American Heritage Month, this month the Department of Justice honors the vibrant cultures of Native American societies and strengthens the government-to-government relationship between the United States and each tribal nation.  By proclaiming November to be Native American Heritage Month, President Obama reaffirmed this administration’s commitment to Native self-determination and the right of tribal governments to build and strengthen their own communities.  (OP: UNMENTIONED is the number of tribal governments that have harmed more Indians that the white man has this century, and the past quarter century)

The Civil Rights Division shares this commitment to respecting and protecting the rights of tribes and individual Native Americans.  The division’s work in this area is a year-round effort, spearheaded by the division’s Indian Working Group.  The Indian Working Group has representatives from every section of the division, from education to voting to employment, recognizing that Native Americans’ civil rights should be protected in every sphere of life.  This collaborative effort elevates enforcement, outreach and educational opportunities concerning Native American issues throughout the country. (Makes one wonder if they really mean this or if this is lip service.  It's not like it's a secret, the abuses that are happening.)

For too long, Native Americans have experienced discrimination and injustice, and the federal government can and must stop such unequal treatment.  In response to frequent concerns raised by tribal leaders, the Civil Rights Division’s Indian Working Group is researching new ways to enhance implementation of civil rights laws and other laws affecting the rights of Native American parents and children in the context of child custody.  The discriminatory removal of Native American children from their families and placement in foster care and adoption systems, without adequate consideration of tribal citizenship and the unique family structures in Native American communities, are of deep concern to Native Americans and tribes.  The Indian Working Group is interested in methods in which the division can effectively assist in addressing Native American rights in the child custody context, including enforcement of federal civil rights laws and/or technical assistance to tribal or other related governmental agencies.   (OP:  We think that the discriminatory removal of people from their tribes, demands as much inspection as those 'few" children that are being harmed. )

The division enforces federal laws against hate crimes and discriminatory or abusive policing. We confront challenges to the civil rights of Native Americans, including vicious assaults born of hatred and threats used to drive Native Americans out of their homes. 

In addition, using our authority under the Religious Land Use of Institutionalized Persons Act (RLUIPA), this year we urged courts to ensure Native American prisoners in South Dakota were able to freely practice their religion.  

The Civil Rights Division’s ability to enforce federal civil rights laws on behalf of Native Americans depends on communication with Native Americans who have faced discrimination – whether in education, housing, voting, employment or lending – on the basis of race, national origin, English language fluency or religion.  

To that end, the Indian Working Group is striving to establish relationships with Native American human and civil rights groups.  This year the Indian Working Group entered into a memorandum of understanding (MOU) with the Navajo Nation Human Rights Commission (NNHRC) as a mechanism to communicate regularly about potential civil rights issues and the division’s role in enforcing civil rights laws.  The Indian Working Group has embarked on a series of meetings with the NNHRC to exchange information that might necessitate referral to law enforcement agencies for further investigation when deemed appropriate.  This is the first agreement of its kind reached by the Indian Working Group and it serves to support our mission to identify and address potential civil rights violations that affect Native Americans. 

In an effort to expand our outreach, the Indian Working Group has launched an Indian Working Group website – www.justice.gov/crt/iwg/ – that provides information about the Civil Rights Division’s work on behalf of Native Americans and includes links to publications, statements, briefs, press releases, outreach initiatives and contact information.

We do this work not only because it is our legal responsibility as a division of the U.S. Department of Justice, but because it is our moral responsibility as members of a broad, diverse community.  We have the power of the law and the federal government behind us, and we will continue to protect the civil rights of American Indians and Alaska Natives.  

The Indian Working Group can be reached atindianrights.workinggroup@usdoj.gov.

YOU WILL BE HEARING FROM US, INDIAN WORKING GROUP

North Fork Rancheria Debate Continues. OFF RESERVATION GAMING SHOULD NOT BE ALLOWED.

There is nothing I'd like better than to see casino business taken away from the Picayune Rancheria of Chukchansi Indians.  But letting Governor Jerry Brown authorize off reservation casinos is NOT the way to go.

Tribal Casinos should be on reservation land that was available when Californians passed gaming laws.  Actually, it's time to end those compacts and open state-run gambling, so that ALL the people have the benefits of gaming and not just tribes.   We have seen and many of has felt the negative impacts that come with tribal gaming.

The Desert Sun has a story up on this issue:

Californians will decide next year whether a Central Valley Indian tribe can open a new casino, meaning voters should prepare themselves for a statewide debate over so-called “off-reservation” gaming that desert tribes oppose.

The state and federal governments granted permission to the North Fork Rancheria of Mono Indians for a casino along Highway 99 north of Fresno, but a group funded by competing casino interests succeeded in getting a referendum before voters next November.  OP:  DO NOT BELIEVE that these tribes are worried about the law not being followed.  They are concerned with losing market share.

The North Fork tribe has said its designated land can’t accommodate development to support the tribal economy, so it secured 305 acres in Madera County that was part of its historical homeland for a new casino. The site is 36 miles from the tribe’s governmental headquarters.

Here are statements from two Southern California Tribes:

The Morongo tribe has “consistently opposed tribal gaming on land that is not on or adjacent to an existing reservation,” Martin said in the statement.

Jeff Grubbe, chairman of the Palm Springs-based Agua Caliente Band of Cahuilla Indians, said in a statement the tribe “respects the wishes of California voters” and, “It’s been our longstanding position that off-reservation gaming compacts break this commitment.”

Read the rest HERE:
OFF RESERVATION GAMING

Tribal Casino Crimewatch: New Graton Resort & Casino in Rohnert Park has Violent Robbery Attempt on Senior Patron

A 67-year-old man was robbed in a parking lot at Graton Resort and Casino in Rohnert Park Tuesday morning, according to the Sonoma County Sheriff’s Department.

The robbery was reported around 6:30 a.m., when the victim was struck in the head with an unknown object and robbed outside the casino, according to the sheriff’s office.

The victim said he was robbed by two suspects, who stole an undisclosed amount of cash and personal property, the sheriff’s office said.

The victim was taken to Memorial Hospital to be treated for severe head trauma, the sheriff’s office said.

Original Pechanga's Blog Wishes You a Merry Christmas and New Years Wishes for the END of Tribal Disenrollments

MERRY CHRISTMAS TO ALL

May the New Year bring positive results for those of us who are struggling to retain or regain what is rightfully ours. 

May those who are harming their people see that doing the right thing, IS the right thing to do.

May we have others join our fight for justice

Paulina Hunter
PROVEN Original Pechanga
By Pechanga's Hired Expert

Tribes that have shamed their ancestors include:  The Pechanga Band of Luiseno Indians, The Enterprise Rancheria, Redding Rancheria, Nooksack, Pala Band of Luiseno Indian, Mixed Blood Uinta Utes, Cherokee Nation of Oklahoma, San Pascual, Berry Creek Rancheria, there are more, please check the blog out and share......