How Trump citizenship orders could affect Native Americans
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As President Trump's executive order ending birthright citizenship faces multiple legal challenges, some tribal members are concerned the U.S. Justice Department is using a Supreme Court case that denied Native Americans U.S. citizenship in the 1800s to justify the president's position.
Why it matters: Native American Rights Fund attorney Leonard Powell tells Axios the inclusion of the case in the DOJ's arguments "definitely has caused fear" but does not have any practical implications for Native American citizenship.
Catch up quick: In that case, Elk v. Wilkins, the U.S. Supreme Court ruled in 1884 that "because members of Indian tribes owe 'immediate allegiance' to their tribes, they are not 'subject to the jurisdiction' of the United States and are not constitutionally entitled to Citizenship" under the 14th Amendment.
- The DOJ is attempting to use the Supreme Court's underlying reasoning in that case to call into question whether people born to immigrants in the U.S. are "subject to the jurisdiction" of the U.S. and entitled to citizenship, Powell said.
- That same argument has been irrelevant to Native Americans since 1924, when President Calvin Coolidge signed the Indian Citizenship Act, establishing Native American citizenship as statute.
What they're saying: "At no point has the Trump administration said anything that I've seen that casts doubt on the validity of Native American citizenship or indicates that they're considering taking Native American rights away related to their citizenship," Powell said.
The latest: Trump's birthright citizenship order is on hold after several states, including Arizona, and civil liberties organizations sued to block it.
- Powell said he expects Elk v. Wilkins to continue to be central to the DOJ's arguments, so the Native American Rights Fund is working to educate and quell fear among tribal members.
Reality check: Federal protections may offer little reassurance to a population whose history is littered with legal agreements that were broken by the U.S. government.
The intrigue: Indigenous people have been caught up in another of Trump's controversial policies — enhanced immigration enforcement.
- Tribal nations in Arizona and throughout the U.S. are telling their citizens to hold tight to their IDs amid reports that U.S. Immigration and Customs Enforcement (ICE) agents have questioned Indigenous Americans about their immigration status.
Zoom in: Navajo President Buu Nygren said in a statement that during Trump's first week in office, several Navajo citizens reported negative "and sometimes traumatizing" experiences with federal agents who were searching for undocumented immigrants.
- Nygren recommended that tribal members carry their state IDs and Certificate of Indian Blood "to provide an additional layer of reassurance."
What we're watching: Many Indigenous elders struggle to prove they were born here in the first place, Navajo Nation Councilwoman Eugenia Charles-Newton noted in a recent Facebook video.
- "Some of our elders — they were born at home. It was hard for them to get an ID. It's hard for them to get documents that prove they were born at home, in a hogan," she explained.