By Gabriel S. Galanda
There are growing reports of federal ICE agents entering Tribal reservations and business establishments, including casinos, to stop, interrogate, and detain people. With ICE’s on-reservation activities causing fear and terror within Tribal communities, Tribal nations should consider how to defend against these attacks on their lands and communities.
First and foremost, several Tribal nations enjoy Treaty rights that require the United States Department of Homeland Security to notify, consult with, and obtain permission from Tribal leaders before ICE agents enter Tribal lands or facilities. The Yakama Treaty of 1855, for example, requires all federal departments other than the Indian Department—today’s Bureau of Indian Affairs—to obtain permission from the Yakama Nation before entering the Yakama Reservation.
The Yakama Treaty also contains a Treaty provision that requires federal law enforcement agents to consult with Yakama leaders before taking any action on Yakama Reservation against so-called “offenders against the laws of the United States.”
Every Tribal Treaty nation should review their Treaty to consider what reserved rights they have to require ICE to notify, consult with, and obtain permission from Tribal leaders before entering Tribal lands or facilities.
The Department Homeland Security’s own Directive on Consultation and Coordination with Tribal Nations (No. 071-04 (Dec. 15, 2002)) requires it and ICE to uphold “the various treaties and other agreements made between the governments” of the United States and Tribal people. That federal law enforcement directive also requires the Department to consult with Tribal nations before taking any action that impacts the Tribes’ “inherent sovereign rights and governance over . . . their territories.”
Both Tribal Treaties and this Directive provide a legal and political basis for Tribal nations to demand notice and consultation before ICE enters their territories.
In addition, the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP) emphasizes “the contribution of the demilitarization of the lands and territories of indigenous peoples to peace, economic and social progress and development, understanding and friendly relations among nations and peoples of the world.” Article 30 of the UNDRIP provides:
Military activities shall not take place in the lands or territories of indigenous peoples, unless justified by a relevant public interest or otherwise freely agreed with or requested by the indigenous peoples concerned,
and States like the United States,
. . . shall undertake effective consultations with the indigenous peoples concerned, through appropriate procedures and in particular through their representative institutions, prior to using their lands or territories for military activities.
These international human rights laws and norms provide Tribal nations additional legal and political grounds to stand up against ICE and demand that that their inherent sovereignty and territorial authority be respected. In this way, Tribal nations can help protect their people and communities from harm at the hands of ICE agents.
Gabe is an Indigenous rights attorney and the managing lawyer at Galanda Broadman. His practice focuses on complex, multi-party litigation and crisis management, representing Indigenous nations, businesses and citizens. He has been named to Best Lawyers in America in the fields of Native American Law and Gaming Law from 2007 to 2026, and dubbed a Super Lawyer by his peers from 2013 to 2025.
