Birthright Citizenship and Indigenous Peoples

One of Trump’s first executive orders in office was one that sought to end birthright citizenship for children of undocumented immigrants, a foundational principle of the U.S since the Civil Rights Act and 14th Amendment. In an attempt to interpret the Constitution regarding birthright citizenship, questions have been raised in the Justice Department about the validity of Native American’s birthright, causing fear and anxiety in our communities.

A Short History of Native American Citizenship

When the Constitution was ratified in 1788, Native Americans were denied citizenship, although they were completely sovereign before the  United States founding.

After the abolition of slavery, the question of citizenship came into question in order to define now freed people. They gained citizenship with the 14th Amendment, but it excluded Native Americans.

The 1884 Elk v Wilkins Supreme Court case excluded Native Americans from birthright citizenship, ruling that they were not automatically U.S citizens under the 14th amendment.

The Indian Citizenship Act was passed in 1924 which gave Indigenous people citizenship, but even then the privileges of citizenship were determined by the states and their right to vote was mostly denied until around the 1960s.

Why is this Important?

WE ARE ON STOLEN LAND! 

Questioning the validity of Native American birthright would mean having to question the birthright of us all. The Trump administration argued, “The United States’ connection with the children of illegal aliens and temporary visitors is weaker than its connection with members of Indian tribes. If the latter link is insufficient for birthright citizenship, the former certainly is,” citing Elk v. Wilkins (1884). It is an interesting comparison to attempt to invalidate children of immigrants who are born in this country that have upheld birthright citizenship for years. And especially, with the passing of the Indian Citizenship Act (1924), makes the argument seem invalid, unconstitutional and an attack on legal precedents and rights already put in place.

Know Your Rights

Unfortunately, the impacts of this bold executive order is causing chaos and trauma in Indigenous communities as ICE is wrongfully targeting Native Americans within the Navajo Nation. In this uncertain time it is important to know your rights.

The Native American Rights Fund has posted important frequently asked questions regarding Immigration Enforcement. Most importantly know that as a Native American born in the U.S you are a citizen by federal law and that will not be taken due to the birthright guarantee by Congress per the Indian Citizenship Act. ICE cannot arrest you.

Sources: 

https://research-ebsco-com.offcampus.lib.washington.edu/c/2onyl7/viewer/html/typ7ejcqa5

https://www.history.com/this-day-in-history/the-indian-citizenship-act

https://www.history.com/news/native-american-voting-rights-citizenship

https://thecirclenews.org/cover-story/trump-questions-native-american-birthright/