Vice President Kamala Harris’ mixed record on Indigenous issues

‘We've seen an evolution in Vice President Harris' positions, advocacy, and understanding of tribal sovereignty, and tribal lands’ *Corrected

Vice President Kamala Harris is likely to be the Democratic nominee in this year’s presidential election after a shocking move by President Joe Biden to drop out of the race. Harris already has enough committed delegates to become the nominee, but it has to be confirmed at the Democratic National Convention in August.

“As I understand the Democrat rules, those that were dedicated to Biden are now open to vote their conscience; they may or may not vote for Kamala Harris to be the nominee. Right now it looks like it’s the most likely outcome. But there are some issues with Kamala,” Michael Stopp, ICT regular political contributor, said.

If Harris wins the election, she would be the first woman to serve as president of the United States. She has been endorsed by Biden, House Minority Leader Hakeem Jeffries, and Senate Majority Leader Chuck Schumer.

Kansas Rep. Sharice Davids, Ho-Chunk, has endorsed Harris. Minnesota Lt. Gov. Peggy Flanagan, White Earth Nation, also has endorsed the vice president.

“The choice in this presidential election is clear. Kamala Harris will fight MAGA extremism, protect our reproductive rights, and defend our democracy,” Davids said on X. “Most importantly, uniting behind her gives us the best chance to prevent another term for Donald Trump.”

Alaska Rep. Mary Peltola, Yup’ik, has yet to endorse Harris. Peltola, who represents the entire state of Alaska, said in a press conference that she would like to know Harris’ policies before making her decision.

“I am really going to lean in, and be looking at where Kamala Harris is coming from in energy and other issues that are important to Alaska,” Peltola said.

The three other Indigenous members of Congress, all Republicans from Oklahoma, Sen. Markwayne Mullin, Reps. Tom Cole and Josh Brecheen already have endorsed former President Donald Trump.

Harris’ record with Indigenous issues and tribal sovereignty as California’s attorney general and then its U.S. senator, and most recently as vice president, is mixed. She spent six years as a state attorney general fighting against tribal nations, four years in Congress where she sponsored a number of progressive Native American legislations, and one term with the Biden administration, which has arguably been one of the strongest, if not the strongest, presidential allies to Indigenous nations in history.

The Biden administration has appointed more Native Americans to various departments across the federal government than any other administration, funneled historic amounts of federal funding to tribal governments through various legislations, and appointed the first Native American cabinet member.

“Where she had the opportunity to be a partner and an advocate, as the U.S. senator from California, and certainly in this historic Biden-Harris administration, that has seen record investments in Indian Country, the protection of sacred sites, the most ambitious climate protection agenda that includes Indian Country. That is the record that Vice President Harris will be able to stand on when she goes out and meets with tribal leaders,” Holly Cook Macarro, ICT’s regular political contributor, said.

As attorney general, her office, independent of the governor’s input, sent 15 letters to the Bureau of Indian Affairs objecting to land-into-trust applications. At the time, California Governor Jerry Brown and his senior aide told tribal leaders they were unaware Harris’ office had sent those letters, according to a 2014 article by Pechanga.net.

“I don’t make excuses because I also think there’s always opportunities for advocacy, and for the recognition of tribal sovereignty in a way that is positive. But I believe we’ve seen an evolution in Vice President Harris’ positions, advocacy, and understanding of tribal sovereignty, and tribal lands,” Cook Macarro, Red Lake Nation, said. 

At the 2019 Frank LaMere Native American Presidential Forum, Harris shifted the blame to her client, the state of California and the governor’s office.

“I strongly believe and take very seriously that we must acknowledge that the government of the United States stole land, took lands, from the tribes, and that there must be a restoration of that ownership for those lands that were possessed by the tribes,” Harris said in 2019. “When I was attorney general, I had a number of responsibilities, including being a lawyer for the governor. And it was in that capacity when the governor, I was the lawyer for the governor, and the governor made decisions about the fee-to-trust applications by California tribes. As the lawyer, as the law office for the governor, we had to file those letters. But that was never a reflection and has never been a reflection of my personal perspective, and when I have had the ability to independently act, not on behalf of a client, I think my history and my positions are very clear.”

Harris was a prosecutor and attorney general in a public law 280 state, meaning the state has criminal jurisdiction on tribal lands and allows state courts to weigh in on civil lawsuits involving Indigenous nations. This is a concern for Stopp.

“There are a lot of tribes outside of California that are not PL 280 states. We are not a PL 280 state here in Oklahoma, and the tribes still assume much of that jurisdiction. So there may be some education on that side, because there is a big difference between those two types of tribes and their jurisdictional boundaries and their relationship with the federal government, and state governments,” Stopp said. “So, that’s probably one concern of mine with her and Indian Country. She’s used to being able to basically treat them like a subset of the state of California, where other tribes aren’t used to that.”

Another concern for Stopp is Harris’ policy that led to the increased incarceration of people of color in California, a consistent critique of the former state attorney general. Native Americans are overrepresented in the criminal justice system in the state, and nationally.

“Native reservation and trust land in California has an imprisonment rate of 534 per 100,000 people, nearly double the state average,” according to a 2022 report by the Prison Policy Institute.

In a 2023 interview on the ICT Newscast, Harris said representation of Native Americans within the administration and partnerships with Native nations is important to her.

“Let’s ask tribal leaders to be part of the leadership of an initiative and innovative initiative,” Harris said. “We feel very strongly that that is the appropriate way to do our work. … Partnership should be always grounded in full appreciation and respect for tribal sovereignty, always grounded in full appreciation and respect for the need to ensure and keep intact trust, and treaties.”

On the issues of murdered and missing Indigenous relatives, Harris said resources should be put toward addressing it but didn’t elaborate on what kinds of resources. She also failed to describe how this issue is being addressed by the Department of the Interior and Interior Secretary Deb Haaland, instead stating that the Missing and Murdered Unit had been created within the Interior but nothing about what the office is actually doing.

Harris said she has been closely monitoring appointments to the federal bench to ensure they are reflective of the country.

“We are very proud of what we have done to accelerate representation on the federal courts, and we’ll continue to do that,” Harris said.

Native vote

In the last election, the Native vote was key to getting Biden to the White House. This election will be no different, especially in three battleground states – Arizona, Nevada and Wisconsin.

“I think that the days are over, of when any candidate can take the Native vote for granted, and any party, either. Vice President Harris and whoever she picks for her vice president … they’re going to have to put forth good policy plans, and prove, and talk about what they will do to ensure that the federal government is a good partner in support of tribal sovereignty, and moving Indian Country forward,” Cook Macarro said.

It will be imperative for Harris to meet with tribal leaders in those battleground states and talk about her platform, according to Cook Macarro. In the last election, Harris released a platform for Indigenous nations, even before the Biden campaign.

Harris has yet to release any parts of her platform on her official campaign website.

It will also be a challenge for Harris to outperform Trump on the debate stage and, ultimately, the polls. It’s unclear if Harris is or will poll higher than Trump in swing states.

Stopp doesn’t believe Harris can beat Trump.

“I think when she stands up next to Donald Trump on the debate stage that it’s going to be quite evident that she can’t,” Stopp said.

The difference between the Trump administration and the Biden-Harris administration when it comes to Indigenous nations is stark.

“Indian Country suffered to some degree from benign neglect in the four years of the Trump administration,” Cook Macarro said. “Given his history with tribal gaming, and animosity towards tribal sovereignty and the primacy of tribal gaming and the relationship with the states, and just really complete disrespect for our tribal communities in the United States that I didn’t think bode well.”

Could this comparison sway Native voters in swing states? In some 100 days, the answer will be clear.

This story has been corrected to show that the Frank LaMere Native American Presidential Form took place in 2019.