Native Americans
Native American News Roundup, March 3-9, 2024
Some U.S. states restrict Native American access to voting
Congress granted Indigenous Americans citizenship 100 years ago, but some states are passing laws making it hard for them to register to vote or access polling places. Human Rights Watch on Monday urged U.S. states to take active steps to ensure that Native Americans and other voters of color can cast their ballots this election year.
According to the Brennan Center for Justice, 23 states have enacted 53 voting laws making it easier to vote. That said, at least 14 states in 2023 passed restrictive voter laws, and at least six states enacted election interference laws.
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Chippewa attorney seeks to overturn ICWA
Imprint News this week profiles a Native American attorney who spent years supporting the Indian Child Welfare Act, or ICWA, and is now working to see the law overturned.
Congress passed the ICWA in 1978 to stop states from placing Native American children in the welfare system with non-Native American families — a long-term practice Native Americans decried as an extension of historic assimilation policies.
Attorney Mark Fiddler, a citizen of the Turtle Mountain Band of Chippewa Indians in Minnesota, was an avid supporter of the law — until, that is, a case he argued back in 1994: After arguing a case against an Indigenous girl’s adoption into a white home, he was troubled to see she was later cycled through dozens of Indigenous foster homes.
“In my heart of hearts, I knew that was probably not the right thing for the child. And it always nagged me,” he said. “My personal opinion is that ICWA has outlived its usefulness and causes more problems than it solves.”
Now, he is arguing a case in the Minnesota appeals court involving a pair of toddler twins who were removed from a white foster family and placed with their mother’s cousin.
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Seminole Nation attorney named to missing and murdered cases team
The U.S. Justice Department has appointed Bree R. Black Horse, an enrolled member of the Seminole Nation in Oklahoma, as an assistant United States attorney in the department’s new Missing and Murdered Indigenous People, or MMIP, regional program, assigned to prosecute such cases throughout the Northwest region — Washington, Oregon, Montana, Idaho and California.
Black Horse, a 2013 graduate of the Seattle University School of law, most recently served as an associate on the Native American Affairs team of the multinational law firm Kilpatrick Townsend & Stockton. Prior to that, she was a public defender for the Yakama Nation in Washington state.
“For far too long Indigenous men, women and children have suffered violence at rates higher than many other demographics,” Black Horse said in a statement. “As I step into this role, I look forward to working with our local, state and tribal partners to identify concrete ways of reducing violence and improving public safety in Indian country and elsewhere.”
In June 2023, the Justice Department announced it would dedicate five MMIP assistant U.S. attorneys and five MMIP coordinators to provide specialized support to U.S. attorneys’ offices addressing and fighting MMIP by investigating unsolved cases and related crimes, boosting communication, coordination and collaboration among federal, tribal, state and local law enforcement and nongovernmental partners.
Black Horse will be attached to the Yakima, Washington, field office.
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Arizona hoop dancer wins top prize
Josiah Enriquez, a 21-year-old hoop dancer from the Pueblo of Pojoaque in New Mexico, has won the Heard Museum’s 2024 Hoop Dance World Championship, held in Phoenix, Arizona, beating out more than 100 other contestants.
Although its exact origin is unclear, Indigenous peoples have practiced the dance for centuries.
Dancers incorporate circular hoops into their movements and are judged for their grace and style.
Enriquez began dancing at the age of 3, and as the video below shows, he has mastered the art.
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What is the Native American Church and why is peyote sacred to members?
The Native American Church is considered the most widespread religious movement among the Indigenous people of North America. It holds sacred the peyote cactus, which grows naturally only in some parts of southern Texas and northern Mexico. Peyote has been used spiritually in ceremonies, and as a medicine by Native American people for millennia.
It contains several psychoactive compounds, primarily mescaline, which is a hallucinogen. Different tribes of peyote people have their own name for the cactus. While it is still a controlled substance, U.S. laws passed in 1978 and 1994 allow Native Americans to use, harvest and transport peyote. However, these laws only allow federally recognized Native American tribes to use the substance and don't apply to the broader group of Indigenous people in the United States.
The Native American Church developed into a distinct way of life around 1885 among the Kiowa and Comanche of Oklahoma. After 1891, it began to spread as far north as Canada. Now, more than 50 tribes and 400,000 people practice it. In general, the peyotist doctrine espouses belief in one supreme God who deals with humans through various spirits that then carry prayers to God. In many tribes, the peyote plant itself is a deity, personified as Peyote Spirit.
Why was the Native American Church incorporated?
The Native American Church is not one unified entity like, say, the Catholic Church. It contains a diversity of tribes, beliefs and practices. Peyote is what unifies them. After peyote was banned by U.S. government agents in 1888 and later by 15 states, Native American tribes began incorporating as individual Native American Churches in 1918.
In order to preserve the peyote ceremony, the federal and state governments encouraged Native American people to organize as a church, said Darrell Red Cloud, the great-great grandson of Chief Red Cloud of the Lakota Nation and vice president of the Native American Church of North America.
In the following decades, the religion grew significantly, with several churches bringing Jesus Christ's name and image into the church so their congregations and worship would be accepted, said Steve Moore, who is non-Native and was formerly a staff attorney at the Native American Rights Fund.
"Local religious leaders in communities would see the image of Jesus, a Bible or cross on the wall of the meeting house or tipi and they would hear references to Jesus in the prayers or songs," he said. "That probably helped persuade the authorities that the Native people were in the process of transformation to Christianity."
This persecution of peyote people continued even after the formation of the Native American Church, said Frank Dayish Jr. a former Navajo Nation vice president and chairperson for the Council of the Peyote Way of Life Coalition.
In the 1960s, there were laws prohibiting peyote in the Navajo Nation, he said. Dayish remembers a time during that period when police confiscated peyote from his church, poured gasoline on the plants and set them on fire.
"I remember my dad and other relatives went over and saved the green peyote that didn't burn," he said, adding that it took decades of lobbying until an amendment to the American Indian Religious Freedom Act in 1994 permitted members of federally recognized Native American tribes to use peyote for religious purposes.
How is peyote used in the Native American Church?
Peyote is the central part of a ceremony that takes place in a tipi around a crescent-shaped earthen altar mound and a sacred fire. The ceremony typically lasts all night and includes prayer, singing, the sacramental eating of peyote, water rites and spiritual contemplation.
Morgan Tosee, a member of the Comanche Nation who leads ceremonies within the Comanche Native American Church, said peyote is utilized in the context of prayer — not smoked — as many tend to imagine.
"When we use it, we either eat it dry or grind it up," he said. "Sometimes, we make tea out of it. But, we don't drink it like regular tea. You pray with it and take little sips, like you would take medicine."
Tosee echoes the belief that pervades the church: "If you take care of the peyote, it will take care of you."
"And if you believe in it, it will heal you," he said, adding that he has seen the medicine work, healing people with various ailments.
People treat the trip to harvest peyote as a pilgrimage, said Red Cloud. Typically, prayers and ceremonies take place before the pilgrimage to seek blessings for a good journey. Once they get to the peyote gardens, they would touch the ground and thank the Creator before harvesting the medicine. The partaking of peyote is also accompanied by prayer and ceremony. The mescaline in the peyote plant is viewed as God's spirit, Red Cloud said.
"Once we eat it, the sacredness of the medicine is inside of us and it opens the spiritual eye," he said. "From there, we start to see where the medicine is growing. It shows itself to us. Once we complete the harvest, we bring it back home and have another ceremony to the medicine and give thanks to the Creator."
Native American tribe closer to acquiring more land in Arizona after decades of delay
Federal officials have joined with the state of Arizona to begin fulfilling a settlement agreement that was reached with the Hopi Tribe nearly three decades ago, marking what tribal officials described as a historic day.
Government attorneys filed condemnation documents on Friday to transfer dozens of square kilometers of state land into trust for the Hopi. The tribe will compensate the state nearly $4 million for more than 80 square kilometers of land near Winslow.
It could mark the first of more transfers of land into trust to help eliminate the checkerboard of ownership that characterizes much of the lands used by the tribe for ranching in northeastern Arizona.
A long time coming
Friday's filing was born out of the 1996 passage of the Navajo-Hopi Land Dispute Settlement Act, which ratified an agreement between the Hopi and federal government that set conditions for taking land into trust for the tribe.
The wrangling over land in northeastern Arizona has been bitter, pitting the Hopi and the Navajo Nation against one another for generations. The federal government failed in its attempt to have the tribes share land and after years of escalating conflict, Congress in 1974 divided the area and ordered tribal members to leave each other's reservations.
The resulting borders meant the Navajo Nation — the country's largest reservation at close to 70,000 square kilometers — surrounded the nearly 6,500-square-kilometer Hopi reservation.
Since the 1996 settlement, the Hopi Tribe has purchased private land and sought to take neighboring state lands into trust in hopes of consolidating property for the tribe's benefit.
A historic day
There have been many roadblocks along the way, including in 2018 when the tribe sought the support of local governments in northern Arizona to back a proposed transfer for land south of the busy Interstate 40 corridor. Those efforts were stymied by the inclusion of national forest tracts in the Flagstaff area.
Hopi Chairman Tim Nuvangyaoma said in a statement Friday that he was grateful for everyone who worked to make the condemnation filing a reality and that the timing for this historic moment was fitting.
"Within Hopi, it is our time of the soyal'ang ceremony — the start of the New Year and the revitalization of life," he said.
Gov. Katie Hobbs, who first visited the Hopi reservation in 2023, acknowledged that the tribe has been fighting for its rights for decades and that politicians of the past had refused to hear the voices of tribal communities.
"Every Arizonan should have an opportunity to thrive and a space to call home, and this agreement takes us one step closer to making those Arizona values a reality," she said Friday.
More transfers and economic opportunities
In November, the Navajo Nation signed a warranty deed to take into trust a parcel of land near Flagstaff as part of the federal government's outstanding obligations to support members of that tribe who were forcibly relocated as a result of the Navajo-Hopi dispute.
Navajo leaders are considering building a casino on the newly acquired land, saying such a project would provide significant economic benefits.
For the Hopi, bringing more land into trust also holds the promise of more economic opportunities. The state lands near Winslow that are part of the condemnation filing are interspersed with Hopi-owned lands and have long been leased to the tribe for ranching and agricultural purposes, according to the U.S. Justice Department.
Federal officials said Friday's filing is the first of an anticipated series of condemnation actions that ultimately would result in the transfer of more than 1440 square kilometers of state land into trust for the Hopi Tribe.
Media report: More than 3,100 Native American children died in US boarding schools
At least 3,104 Native American children died in boarding schools in the United States, taken from their families to be forcibly assimilated, The Washington Post reported on Sunday, with its estimate three times higher than that of the American government.
In these establishments, some of which were religious and which existed from the beginning of the 19th century to the 1970s, many children suffered physical, psychological or sexual violence, according to a recent government report which estimated that at least 973 students died there.
In late October, U.S. President Joe Biden apologized to Native American peoples, calling the atrocities "a sin that stains our souls."
According to The Washington Post, which conducted a year-long investigation, 3,104 students lost their lives in these schools between 1828 and 1970, in what the newspaper describes as "a dark chapter in American history that has long been ignored and largely covered up."
And the toll would actually be much higher according to historians, adds the newspaper.
The Washington Post says it has "determined that more than 800 of these students were buried in or near cemeteries at the schools where they attended, underscoring that, as in many cases, the children's bodies were never returned to their families or tribes."
According to documents seen by the daily, "The causes of death included infectious diseases, malnutrition and accidents."
Dozens of Native American students have died under suspicious circumstances, the article continues, "and in some cases, documents show indications of abuse or mistreatment that likely led to the children's deaths."
The boarding schools "were not schools" but "prison camps, work camps," Judi gaiashkibos, director of the Nebraska Commission on Native Americans and whose relatives were sent there, told the newspaper.
The Joe Biden administration has implemented a series of measures to support Native American nations and improve relations with the federal state.
In the United States, reservations now administered by Native Americans are predominantly poor, with high suicide and overdose rates.
In neighboring Canada, where the same practice of residential schools for young indigenous people existed, the country has also opened its eyes in recent years to this dark page of history.
Native American news roundup December 8-14, 2024
Tribal Nations Summit stresses federal responsibilities
President Joe Biden and Vice President Kamala Harris showcased historic investments in Indian Country with speeches and a 96-page progress report at this week's White House Tribal Nations Summit.
As VOA reported, Biden announced a new national monument on the site of the Carlisle Indian boarding school in Pennsylvania, which served as the model for hundreds of residential schools that forced children to abandon their traditions and languages.
Another move announced at the summit is a 10-Year National Plan on Native Language Revitalization to invest $16.7 billion to protect and restore Native languages in all 50 states. Today, fewer than 200 Indigenous languages are still spoken, mainly by elders, and experts warn that if no action is taken, only 20 will remain by 2050. The plan will establish a new Office of Native Language Revitalization to coordinate efforts and manage funding.
The administration announced new guidance for federal employees on treaty and tribal consultation obligations, as well as strategies for addressing the chronic underfunding of tribal programs.
It also released further guidance on federal support for tribes facing natural disasters, public health emergencies, and climate-induced relocation challenges.
Biden honored with 'Lightning and Thunder'
At the summit, Interior Secretary Deb Haaland and Assistant Secretary for Indian Affairs Bryan Newland gifted President Biden a traditional wool blanket made by Eighth Generation, a Seattle-based company owned by the Snoqualmie Tribe.
The blanket was designed by artist and metalsmith Pat Pruitt, who, like Haaland, is a member of the Laguna Pueblo in New Mexico. Pruitt named the design "Lightning and Thunder."
"I had no idea my blanket had been selected until friends sent me photos of the event," Pruitt said. "It is both humbling and meaningful to witness this recognition. As a former tribal leader, I deeply understand the significance of serving the people, as well as the hard work and sacrifices that come with it."
In many Native traditions, gifting a blanket is a gesture of respect for leadership and milestone achievements.
Texas high court to decide religious freedom case
The Texas Supreme Court was set to rule this week on whether the city of San Antonio's temporary closure of a park and plans to remove trees violate religious freedom.
For several years, the city of San Antonio has been fighting cormorants, large migratory birds that nest in the city's Breckenridge Park and cause damage to vegetation. City contractors have used chemical sprays, heavy pruning and aerial explosives to disrupt bird rookeries, but these methods failed.
Matilde Torres and Gary Perez, members of the Lipan Apache Native American Church, sued the city last summer, arguing the site is spiritually significant to their culture as it connects to their creation story. They say city plans would violate religious freedoms guaranteed by the Texas constitution.
The Lipan Apache is not a federally recognized tribe but was recognized by Texas in 2019.
The case made its way to the top court in Texas, which was expected to rule on Monday. At the time of this writing, a decision was still pending.
Wisconsin tribe agrees to end predatory lending in Minnesota
The Wisconsin-based Lac du Flambeau Band of Lake Superior Chippewa (LDF) has agreed to stop short-term, high-interest loan operations in Minnesota and to forgive over $1 million in outstanding loans. LDF had been providing short-term loans since 2012, including through a dozen online loan operations.
A ProPublica investigation this year revealed that the tribe charged interest rates as high as 800%, violating Minnesota's usury laws. The investigation says many of those loans ended up devastating borrowers across the country.
"I borrowed $1100 and agreed to pay $272 bi-weekly, with the thought that I would have that paid off in under 4 months," one borrower complained. "To my shock, I logged on to my account shortly after receiving the funds and my balance due is over $4000!"
Minnesota sued the tribe's lenders, which led to this settlement stopping that lending and canceling over $1 million in outstanding loans.
"My approach to this case and other tribal lending is to stop violations and harm while also preserving and respecting the tribes' sovereign status," stated Attorney General Ellison. "I am grateful for the defendants' cooperation in this investigation and agreement to cease further lending and collection activity in Minnesota."
Biden designates national monument at site of Carlisle Indian school
President Joe Biden has created a new national monument on the grounds of a former Indian boarding school in Pennsylvania, which served as the blueprint for hundreds of similar institutions across the United States.
“I want everyone to know,” Biden said. “I don't want people forgetting, 10, 20, 30, 50 years from now.”
Indian children from 140 tribes were taken from their families, tribes and homelands and forced to spend years at the school in the borough of Carlisle, he noted.
“It was wrong, and by making the Carlisle Indian School a national monument, we make clear that [that's] what great nations do. We don't erase history. We acknowledge it. We learn from and we remember, so we never repeat it again.”
Biden told the 2024 Tribal Nations Summit in Washington Monday that the monument will encompass 10 hectares (24.5 acres) inside what is today the Carlisle Army Barracks, including historic buildings and structures that once made up the school’s campus. These will include the brick and marble gateposts at the school’s entrance, which Carlisle students built by hand in 1910.
The U.S. Army will maintain operational control over the site, which is now home to the U.S. Army War College. The Army will collaborate with the National Park Service to oversee the planning and management of the new national monument, consulting with federally recognized tribes to ensure that the monument accurately reflects historic and contemporary impacts of the boarding school system on tribal members and communities.
“This addition to the national park system that recognizes the troubled history of U.S. and Tribal relations is among the giant steps taken in recent years to honor Tribal sovereignty and recognize the ongoing needs of Native communities, repair past damage and make progress toward healing,” said National Park Service Director Chuck Sams, a citizen of the Confederated Tribes of the Umatilla Indian Reservation in Northeast Oregon.
The announcement comes just six weeks after Biden’s visit to the Gila River Indian Community in Arizona. There, he gave a long-awaited apology to Native Americans for the boarding school era, calling it “one the most consequential things I've ever had an opportunity to do in my whole career as president of the United States.”
Earlier Monday, Interior Secretary Deb Haaland opened the summit with a speech focusing on the Federal Indian Boarding School Initiative she launched in May 2021.
The initiative resulted in a two-volume report that documented the history of the school system, accounting for 417 known schools and confirming more than 900 child deaths.
The initiative also included The Road to Healing, in which Haaland and Assistant Interior Secretary Bryan Newland traveled to 12 Native communities, giving survivors and their descendants an opportunity to share their boarding school experiences.
“So many of you spoke bravely and forthright[ly] … about the horrors you endured or the trauma that was passed down over generations. Those stories must continue to be told,” Haaland told the summit leaders.
As part of the initiative, the Interior Department engaged the National Native Boarding School Healing Coalition to conduct video interviews with boarding school survivors to create a permanent oral history collection.
Haaland announced that the Library of Congress and the Smithsonian’s National Museum of American History will partner to preserve their accounts for the public.