Tribal disenrollment explained

Tribal disenrollment should not be confused with Detribalization.

In the United States, tribal disenrollment is a process by which a Native American individual loses citizenship or the right to belong within a Native American tribe.^[1]

Some native scholars have argued that although belonging in Native nations was historically a matter of kinship, it has become increasingly legalistic.^[2] Research found that nearly 80 tribes across 20 states have engaged in disenrollment as of 2016. While some tribal leaders assert that disenrollments are meant to correct tribal rolls and protect the integrity of the tribe,^{[3] [4]} others argue that empirical data shows they are politically and economically motivated.^{[5] [6]}

Article 9 of the UN Declaration on the Rights of Indigenous Peoples states: "Indigenous peoples and individuals have the right to belong to an indigenous community or nation, in accordance with the traditions and customs of the community or nation concerned." No discrimination of any kind may arise from the exercise of such a right. Article 33 of that UN states that "Indigenous peoples have the right to determine their own identity or membership in accordance with their customs and traditions."^{[7] [8]} Individual and tribal rights clash in the disenrollment context.

In the United States, it is entirely up to the tribes to determine the criteria and procedures that an individual must meet and undergo to be considered for tribal membership.^[9] Most tribes do so pursuant to artificial tribal membership standards meted out by the U.S. Congress pursuant to the Indian Reorganization Act of 1934, most notably blood quantum.^[10] Between 1904 and 1919, tribal members of mixed African and Native American ancestry were disenrolled from the Chitimacha tribe of Louisiana, and their descendants have since then been denied tribal membership.^[11]

Examples of disenrollment

• Black Seminoles
• Cahto Tribe Rancheria disenrolled 33% of members after casino opened in 1995.^[12]
• Cherokee freedmen controversy^[13]
• Chickahominy people family members who were phenotypically Black presenting or married Black partners were dropped from genealogies and membership rolls ^[14]
• Chitimacha tribe of Louisiana: Between 1904 and 1919, tribal members of mixed African and Native American ancestry were disenrolled from the Chitimacha tribe of Louisiana, and their descendants have since then been denied tribal membership.^[15]
• Confederated Tribes of the Grand Ronde-in 2013 86 descendants of Tumulth disenrolled because ancestor is not on the restoration roll-he was executed by the US Army in 1855^{[16] [17]} (Note: Disenrollment reversed August 6, 2016)^{[18] [19]}
• Elem Promo Indian Colony - 132 members proposed for disenrollment^[20] (Note: Disenrollment action withdrawn March 30, 2017)^[21]
• Hopland Band of Pomo Indians - 74 fully documented and legitimate descendants of a Hopland Distributee (Marian and William Wilder) were disenrolled for "errors in processing enrollment applications".
• Luiseno Nation of California-9 disenrolled^[22]
• Mattaponi have historically disenrolled members who were phenotypically black or married black people. They still today pass around pictures of applicants and reject enrollment based on phenotype. ^[23]
• Modoc Tribe of Oklahoma-15 disenrolled^[22]
• Muscogee Creek Freedmen -filed suit July 2018 to regain citizenship^[24]
• Northern Narragansett Tribe made up of disenrolled members of the Narragansett Nation of Rhode Island^[25]
• Nooksack-306 members "disenrolled" because of ancestor Anne James (George)^{[26] [27] [28] [29] [30] [31]}
• Omaha Tribe of Nebraska-15 members disenrolled for blood quantum^[22]
• Pala Band of Misson Indians-8 members disenrolled for blood quantum June 1, 2011^[32] total of 154 disenrolled^{[33] [34] [35] [36]}
• Pamunkey has had on the books until 2012 that they would enroll anyone who married black people. They were almost blocked from federal recognition due to an inquiry from the Congressional Black Caucus. The tribe continues to deny citizenship to families who have been historically removed due to the "Black" law. ^[37]
• Pechanga-236 disenrolled^{[38] [39]}
• Picayune Rancheria of the Chukchansi over 50 descendants of Jack Roan "disenrolled"^{[40] [41] [22]}
• Rappahannock people have a historical and continual practice of disenrolling and disavowing Rappahannock of Black phenotype and Black marriages. Their constitution, until recently, explicitly forbid marriages with Black people or disenrollment. One of the most prominent cases is Loving v. Virginia, where Mildred Loving was disavowed from the tribe because of the national attention on her black ancestry. ^{[42] [43]}
• Redding Racheria-formal Tribal Chairman Edward Foreman and descendants "disenrolled" 2004 over question of mother's lineage^{[44] [45]}
• Robinson Ranchiera of Pomo Indians (California)-In 2017 "...reinstated several dozen members who were disenrolled nearly a decade ago by corrupt tribal leaders who left the tribe millions of dollars in debt."^[46]
• Saginaw Chippewa-230 members disenrolled on grounds of collateral descent^{[47] [48]}
• San Pasqual Band-60 disenrolled in 2011^{[49] [36]}
• Snoqualmie-9 banished and 80 disenrolled^[50]
• St Croix Chippewa-10 disenrolled for Blood quantium^[51]

In 2016 a website called "Stop Disenrollment" was set up by Native Peoples.^{[52] [53]}
In 2017 it is reported that an estimated 9,000 members of 72 native tribes have been disenrolled^{[54] [55]}
In 2020 it is estimated that nearly 10,000 members of 85 [out of 574 federally acknowledged tribes] have been disenrolled over 15 years.^[56]

See also

• Loss of citizenship
• Cherokee freedmen controversy
• Impact of Native American gaming
• Native American recognition in the United States
• Native American reservation politics
• Native American self-determination
• Nooksack people disenrollment controversy.
• Pechanga Band of Luiseño Indians membership and disenrollment
• Tribal sovereignty
• Redding Rancheria

Notes and References

1. Book: Wilkins . David . Dismembered : native disenrollment and the battle for human rights . Wilkins . Shelly Hulse . 2017 . 3–4.
2. News: Dunaway . Jamie . June 12, 2018 . The Fight Over Who's a "Real Indian" . Slate.
3. Norman . William R . Kickingbird . Kirke . Bailey . Adam P . 2017 . Tribal Disenrollment Demands a Tribal Answer . Human Rights . 43 . 1 . 12–15 . 26423467 . JSTOR.
4. Web site: Abramoff . Malka . Villarreal . Mireya . Yamashita . Seiji . Alvim . Leda . April 20, 2022 . Native Americans facing disenrollment fight to remain with tribes . January 6, 2024 . ABC News . en.
5. News: Jarvis . Brooke . 2017-01-18 . Who Decides Who Counts as Native American? . 2024-01-06 . The New York Times . en-US . 0362-4331.
6. News: Hilleary . Cecily . March 3, 2017 . Native American Tribal Disenrollment Reaching Epidemic Levels . Voice of America News.
7. Web site: UN Declaration of the Rights of Indigenous Peoples . UN . September 1, 2016.
8. Web site: Native News on Line Feb 2016 "Tribal Disenrollment the new line of genocide.
9. Santa Clara Pueblo V Martinez, 436 U.S. 49 (1978)
10. Web site: Tribal Enrollment and Genetic Testing - Genetics. genetics.ncai.org.
11. Web site: Lalosttribe Resources and Information. ww16.lalosttribe.com.
12. Web site: Disenrollment. April 7, 2016.
13. Web site: Indian Country today July 28, 2015. 28 July 2015 .
14. Chickahominy: The Changing Culture of a Virginia Indian Community . 3143721 . Stern . Theodore . Proceedings of the American Philosophical Society . 1952 . 96 . 2 . 157–225 .
15. Web site: Lalosttribe Resources and Information.. ww16.lalosttribe.com.
16. Web site: Indian Country Today 12/09/2013.
17. Web site: Grand Ronde Tribes disenroll 86 descendants of treaty signer. Indianz.
18. Web site: Indian Country Today August 9, 2016. 9 August 2016 .
19. Web site: Descendants of treaty signer back on rolls of Grand Ronde Tribes. Indianz.
20. Web site: Indian Country Today May 3, 2016. 24 November 2012 .
21. https://indiancountrymedianetwork.com/news/native-news/elem-indian-colony-halts-disenrollment-process/ Indian Country Today April 26, 2017
22. Web site: US must help stop disenrollment. I. C. T.. Opinion. Indian Country Today. 9 February 2020 .
23. Web site: Mattaponi adopt dueling tribal constitutions in leadership fight . 10 May 2023 .
24. Web site: Muscogee Creek Freedmen file lawsuit to restore citizenship. Indianz.
25. http://www.manataka.org/page1858.html Disenrollment
26. Web site: Indian Country Today 3/3/2014.
27. Web site: Indian Country Today June 29, 2016. 29 June 2016 .
28. Web site: Indian Country Today August 11, 2016.
29. Web site: Nooksack Tribe creates new court and puts chairman in charge. Indianz.
30. Web site: Nooksack Tribe tries to evict family amid mass enrollment purge. Indianz.
31. Web site: Nooksack Tribe elects felon as chairman after kicking out 306 people again. Indianz.
32. Web site: On Tribal Disenrollments and "Tolerance". Matthew L. M.. Fletcher. December 13, 2011.
33. Web site: First Nations News & Views: 'Twilight' rips off Indians, Hate Crime Ignored, Jon Kyl's Water Deal | Native American Netroots.
34. Web site: 9th Circuit won't interfere in Pala Band's disenrollment dispute. Indianz.
35. https://indiancountrymedianetwork.com/news/politics/supreme-court-denies-hearing-pala-enrollment-case-disenrollment-cases-expected/ Indian County Today January 2017
36. Web site: Supreme Court turns down another tribal disenrollment dispute. Indianz.
37. Web site: Blood Feud .
38. http://www.orginalpechanga.com/2008/01/tribal-flush-pechanga-people-disenrolled.html people disenrolled
39. Web site: Native American Tribal Disenrollment Reaching Epidemic Levels | Voice of America - English. www.voanews.com. 3 March 2017 .
40. http://www.sierrastar.com/2011/09/28/56549_chukchansi-issues-disenrollment.html?rh=1 Sierra Starr Sept 28, 2011
41. http://www.sierrastar.com/2011/09/28/56549_chukchansi-issues-disenrollment.html?rh=1 The Chukchansi casino faces closure in 2014 for non-submission of audits
42. Book: That the Blood Stay Pure . j.ctt16gzn5n . Coleman . Arica L. . 2013 . Indiana University Press . 978-0-253-01043-8 .
43. Web site: 50 Years Later, the Couple at the Heart of Loving v. Virginia Still Stirs Controversy . 12 June 2017 .
44. http://orginalpechanga.com/2012/06/remembering-redding-rancheria-chairman.html remembering rancheria chairman 2012
45. Web site: EVEN the DEAD Can't Escape Disenrollment at Redding and Pechanga: Wilkins.
46. https://www.voanews.com/a/native-american-tribal-disenrollment-reaching-epidemic-levels/3748192.html VOA News 'Native American Tribal Disenrollment Reaching Epidemic Levels" March 3,2017 Cecily Hilleary
47. Web site: Saginaw Chippewa Indian Tribe members protest pending disenrollment cases. www.cm-life.com.
48. Web site: Saginaw Chippewa Tribe starts disenrollment proceedings again. Indianz.
49. Web site: Dept. Of Interior's Larry Echo Hawk Rules 60 members of San Pasqual Band Are to Be Ousted.
50. Web site: Indian Country Today 10/14/2011. 14 October 2011 .
51. Web site: St. Croix Chippewa Tribe removes 10 people from rolls amid debate. Indianz.
52. https://indiancountrytodaymedianetwork.com/2016/02/08/national-stop-disenrollment-visual-advocacy-movement-launches-163337 Indian Country Today February 8, 2016
53. Web site: STOP DISENROLLMENT. stopdisenrollment.com.
54. https://indiancountrymedianetwork.com/news/opinions/obamas-disenrollment-legacy/ Indian Country Today January 2017
55. https://indiancountrymedianetwork.com/news/native-news/belongs-epidemic-tribal-disenrollment/ Indian Country Today March 28,2017
56. Web site: "Stop Disenrollment" visual advocacy campaign resumes Monday. Press. Pool. Indian Country Today. 7 February 2020 .