On Thursday, the 57 Affiliated Tribes of Northwest Indians (ATNI) passed a Resolution insisting that United States immigration enforcement authorities respect Tribal territorial sovereignty and human rights.
Titled “Protecting Tribal Citizens and Communities from U.S. Immigrations and Customs Enforcement,” ATNI Resolution #2026-009 was introduced to the ATNI General Assembly by Tulalip Tribal Councilwoman Theresa Sheldon and advanced to passage by the Lummi Nation.
The Resolution responds to increasing Tribal reports and concerns about militarized ICE officers improperly “profiling Tribal citizens, entering Tribal Treaty and reservation territories to stop, detain, search, and interrogate Tribal citizens and community members, and rejecting Tribal citizens’ Tribally-issued photo identification.” Those activities have deepened fear and anxiety in Tribal and urban Indigenous communities.
ATNI passed the Resolution “to help ease those unsafe and unhealthy feelings, deescalate rising personal and political tensions, and keep all Tribal citizens and community members safe from harm.”
The Resolution will now also be considered for adoption by the National Congress of American Indians (NCAI), which is convening its Executive Council Winter Session in Washington, DC on Monday.
The operative parts of ATNI Resolution #2026-009 read as follows:
WHEREAS, Tribal, federal, and international law generally require the United States and Tribal Nations to consult regarding any federal law enforcement efforts related to any alleged offense against the laws of the United States occurring within Tribal Treaty and reservation territories; and
WHEREAS, Tribal, federal, and international law generally require officers and agents of the United States and Tribe to consult with and obtain permission from Tribal authorities before entering Tribal Treaty and reservation territories for federal law enforcement purposes; and
WHEREAS, according to United States Department of Homeland Security (DHS) Directive 071-04 (Dec. 15, 2022) on Consultation and Coordination with Tribal Nations, DHS and its U.S. Immigration and Customs Enforcement (ICE) division must uphold “the various treaties and other agreements” with Tribal Nations, and to consult with Tribal Nations before the Department takes any action that their “inherent sovereign rights and governance over . . . their territories”; and
WHEREAS, the U.S. Department of the Interior Office of Justice Services (OJS) must conduct “meaningful and timely consultation with tribal leaders” regarding any federal actions “that affect public safety and justice in Indian country (25 U.S.C. 2801(c)(12)); and
WHEREAS, 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”; and
WHEREAS, Article 31 of the UNDRIP provides: “Military activities shall not take place in the lands or territories of Indigenous peoples, unless . . . freely agreed with or requested by the indigenous peoples concerned,” and governments 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”; and
WHEREAS, photo identification issued to an enrolled Tribal citizen by a federally recognized Tribe are federally acceptable forms of identification, including before the U.S. Transportation Security Administration (TSA) under the federal REAL ID Act of 2005 (49 U.S.C. 30311 et seq.); and
WHEREAS, the federal Indian Civil Rights Act of 1968 (25 U.S.C. 1301 et seq.) requires that the civil rights of all people in Tribal reservation territories be protected, including “the right of the people to be secure in their persons, houses, papers, and effects against unreasonable search and seizures”; and
WHEREAS, under the federal Indian Civil Rights Act and Tribal law, the right of Tribal citizens to be secure in their persons on their Tribal Treaty, reserved rights, service areas, and reservation territories extends to all places not open to the public, including usual and accustomed territories, Tribal homes, schools, buildings, businesses, and private lands; and
WHEREAS, Tribal nations need not recognize administrative warrants issued by ICE agents or officers, which are not signed or issued by any judge; and
WHEREAS, there have been reports of militarized DHS and ICE officers and agents profiling Tribal citizens, entering Tribal Treaty and reservation territories to stop, detain, search, and interrogate Tribal citizens and community members, and rejecting Tribal citizens’ Tribally-issued photo identification, all in violation of those citizens’ human and civil rights and their Tribal nations’ rights; and
WHEREAS, Tribal Nations and their own law enforcement officers are positioned to help ease those unsafe and unhealthy feelings, deescalate rising personal and political tensions, and keep all Tribal citizens and community members safe from harm, including by exercising their duty to intervene; now
THEREFORE, BE IT RESOLVED, ATNI demands that all federal agencies, including all aspects of DHS, including Immigration and Customs Enforcement, Customs and Border Patrol, and the Federal Emergency Management Agency, notify, consult with, and coordinate with Tribal nations, consistent with the federal government’s trust obligations before entering Tribal Treaty and reservation territories; and
BE IT FURTHER RESOLVED, ATNI demands DHS and ICE follow federal law by acknowledging Tribally-issued photo identification cards as they are federal acceptable photo identification and are proof of Tribal citizens’ and American citizenship status; and
BE IT FURTHER RESOLVED, ATNI encourages our member Tribal Nations to issue “Know Your Rights” bulletins with their tribal communities, such as those published by the Native American Rights Fund (NARF) and American Civil Liberties Union (ACLU); and
BE IT FURTHER RESOLVED, that this Resolution is not an endorsement nor rejection of any political party, federal administration, or ideology, but a reaffirmation of Tribal sovereignty, political status, jurisdiction, and each Tribal Nations’ responsibility to protect its people; and
BE IT FURTHER RESOLVED, that this Resolution shall be immediately transmitted to DHS, specifically Senior Tribal Advisor David Flute, david.flute@hq.dhs.gov, and Office of Justice Services (OJS), specifically Director Rodney Lockett, Tribal.Affairs@dhs.gov.
