Democratic Senators say ignoring tribal IDs violates federal trust responsibilities and fuels fear in Native communities
U.S. Sens. Martin Heinrich, D-N.M., and Brian Schatz, D-Hawaii, vice chairman of the Senate Indian Affairs Committee, led 13 Democratic colleagues in urging the Department of Homeland Security to end what they call wrongful Immigration and Customs Enforcement searches and interrogations of Tribal members. In a letter to DHS Secretary Kristi Noem, the lawmakers said ICE’s actions since President Donald Trump’s executive order challenging birthright citizenship have stoked fear among Native communities and violate federal trust and treaty responsibilities.
The senators requested that DHS issue clear guidance and training for ICE agents on acceptable forms of Tribal identification, consult with Tribal governments, and provide answers by March 4, 2025. They noted that Native citizens may carry only Tribal identification, which should be recognized as valid proof of U.S. citizenship, and raised concerns about agents’ lack of understanding or respect for Native rights. The letter highlights the potential impact on Tribes whose lands cross international borders and emphasizes Congress’ authority and Supreme Court rulings affirming the citizenship status of Native Americans born in the United States.