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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]
Banishment and ostracization have historically been a means to punish wrongdoers and maintain social cohesion in Native American tribes.[2] Many tribes continue to reserve the right to banish individuals, despite legal challenges.[2]
Some Native scholars have argued that although belonging in Native nations was historically a matter of kinship, it has become increasingly legalistic.[1][3] Research found that nearly 80 tribes across 20 states have engaged in disenrollment as of 2016.[1] Some tribal leaders have stated that disenrollments are meant to correct tribal rolls and protect the integrity of the tribe,[4][5] and others state that disenrollments are politically and economically motivated.[1][6][5][7]
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."[8][9] 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 citizenship.[10] Tribal constitutions outline criteria for citizenship which can include minimum blood quantum requirements, residency, lineal descendant, or other criteria.[11] Many tribes who formed governments under the Indian Reorganization Act of 1934 have minimum blood quantum requirements.[11] Some tribes require genetic paternity tests to prove an applicant's claimed father is a tribal citizen.[12]
In 2016 a website called "Stop Disenrollment" was set up by Native Peoples.[13][14]
In 2017 it is reported that an estimated 9,000 members of 72 native tribes have been disenrolled[15][16]
In 2020 it is estimated that nearly 10,000 citizens of 85 [out of 574 federally acknowledged tribes] have been disenrolled over 15 years.[17]
- ^ a b c d Wilkins, David; Wilkins, Shelly Hulse (2017). Dismembered: Native disenrollment and the battle for human rights. pp. 3–4.
- ^ a b Kunesh, Patrice H. (2007). "Banishment as Cultural Justice in Contemporary Tribal Legal Systems". New Mexico Law Review. 37 (85). Retrieved 18 January 2025.
- ^ Dunaway, Jamie (June 12, 2018). "The Fight Over Who's a 'Real Indian'". Slate.
- ^ Norman, William R; Kickingbird, Kirke; Bailey, Adam P (2017). "Tribal Disenrollment Demands a Tribal Answer". Human Rights. 43 (1): 12–15. JSTOR 26423467.
- ^ a b Abramoff, Malka; Villarreal, Mireya; Yamashita, Seiji; Alvim, Leda (April 20, 2022). "Native Americans facing disenrollment fight to remain with tribes". ABC News. Retrieved January 6, 2024.
- ^ Jarvis, Brooke (2017-01-18). "Who Decides Who Counts as Native American?". The New York Times. ISSN 0362-4331. Retrieved 2024-01-06.
- ^ Hilleary, Cecily (March 3, 2017). "Native American Tribal Disenrollment Reaching Epidemic Levels". Voice of America News.
- ^ "UN Declaration of the Rights of Indigenous Peoples" (PDF). UN. Retrieved September 1, 2016.
- ^ "Native News on Line Feb 2016 "Tribal Disenrollment the new line of genocide".
- ^ Santa Clara Pueblo Vs Martinez, 436 U.S. 49 (1978)
- ^ a b "Tribal Enrollment Process". U.S. Department of the Interior. Retrieved 18 January 2025.
- ^ Garrison, Nanibaa’ A. (Spring 2018). "Genetic Ancestry Testing with Tribes: Ethics, Identity & Health Implications". Dædalus.
- ^ Indian Country Today February 8, 2016
- ^ "Stop Disenrollment". stopdisenrollment.com.
- ^ Indian Country Today January 2017
- ^ Indian Country Today March 28,2017
- ^ Pool, Press (7 February 2020). "'Stop Disenrollment' visual advocacy campaign resumes Monday". Indian Country Today.