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- The Trump administration has raised questions about the birthright citizenship of Native Americans, sparking widespread concern.
- The Justice Department cited 19th-century laws and a Supreme Court case to argue that Native Americans may not be “subject to the jurisdiction” of the U.S.
- Experts argue that the Indian Citizenship Act of 1924 solidifies Native Americans’ U.S. citizenship, making it unlikely for the administration to strip it.
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Essential Context
The Trump administration, in defense of an executive order suspending birthright citizenship, has questioned the citizenship status of Native Americans born in the United States. This move is based on the argument that Native Americans, particularly those living on reservations, are not “subject to the jurisdiction” of the U.S. under the 14th Amendment.
Core Players
- Donald Trump – Former president and current Republican frontrunner
- U.S. Justice Department – Filed the argument questioning Native American citizenship
- Native American Tribes – Affected by the potential changes in citizenship and sovereignty status
- Steven McSloy – Columbia law professor specializing in American Indian law
Key Numbers
- 1924: Year the Indian Citizenship Act was passed, granting U.S. citizenship to all Native Americans
- 1866: Year the Civil Rights Act was passed, excluding “Indians not taxed” from citizenship
- 1884: Year of the Elk v. Wilkins Supreme Court case, which ruled Native Americans were not subject to U.S. jurisdiction
- 22: Number of states involved in lawsuits against Trump’s executive order
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The Catalyst
The controversy began when the Justice Department filed an argument in defense of Trump’s executive order to suspend birthright citizenship, citing historical laws and court cases that excluded Native Americans from automatic citizenship.
This filing referenced the Civil Rights Act of 1866 and the Elk v. Wilkins Supreme Court case of 1884, which held that Native Americans were not subject to the jurisdiction of the U.S. and thus not entitled to citizenship.
Inside Forces
The administration’s argument is seen as a legal maneuver to justify broader attacks on birthright citizenship, particularly targeting the children of foreign parents. However, this also drew in Native American communities, who are concerned about the implications for their citizenship and sovereignty.
Steven McSloy, a Columbia law professor, noted that the Indian Citizenship Act of 1924 makes it unlikely for the administration to strip Native Americans of their U.S. citizenship.
Power Dynamics
The relationship between the U.S. government and Native American tribes is complex and historically fraught. The administration’s actions could undermine tribal sovereignty, a concern heightened by the potential for land seizures and the nullification of treaties.
Justice Stephen Breyer’s remarks in United States v. Lara underscore that the U.S. government can “tighten or relax its grip on tribal sovereignty whenever it wants,” highlighting the precarious nature of Native American rights.
Outside Impact
The implications extend beyond citizenship, affecting essential services such as clean water, housing, education, and healthcare provided through the Indian Health Service (IHS). Dr. Sarah Bridge, an emergency room physician at the IHS, warned that funding cuts could devastate Native American communities.
Tribal officials are advising their citizens to carry tribal identification, such as the Certificate of Degree of Indian Blood (CDIB) card, due to the uncertainty surrounding their status.
Future Forces
The long-term effects could include the erosion of tribal sovereignty, similar to the Indian Termination Act of 1953, which was later overturned. This could lead to the designation of reservations as counties within states, abolishing trust responsibilities and treaty rights.
The administration’s thirst for natural resources, particularly oil and gas, is a driving factor behind these moves, with potential significant economic and environmental impacts on Native American lands.
Data Points
- 1866: Civil Rights Act passed, excluding “Indians not taxed” from citizenship
- 1884: Elk v. Wilkins Supreme Court case ruled Native Americans were not subject to U.S. jurisdiction
- 1924: Indian Citizenship Act granted U.S. citizenship to all Native Americans
- 1953: Indian Termination Act passed, later overturned by President Richard Nixon
- 22 states involved in lawsuits against Trump’s executive order
The debate over Native American citizenship and sovereignty highlights the ongoing struggles between the U.S. government and Native American communities. As the situation evolves, it remains critical to understand the historical context and the potential future implications for these communities.
