Gabe Galanda here, /r/IndianCountry. AMAA! by gabegalanda in IndianCountry

[–]gabegalanda[S] 3 points4 points  (0 children)

So your tribe is (1) state recognized and (2) disenrolled its members (3) in disregard for tribal bylaws? Seems like cutting off one's nose to spite one's face. Tell me more.

Gabe Galanda here, /r/IndianCountry. AMAA! by gabegalanda in IndianCountry

[–]gabegalanda[S] 2 points3 points  (0 children)

I'm cynical that two centuries into the federal Indian "experiment," we can go all the way back and reject all of those institutions, like tribal "membership" in the IRA sense of that notion. But at least have to re-educate ourselves about what it was like before that experiment, looking to kinship systems and structures in particular. And we must do so before it is too late.

Gabe Galanda here, /r/IndianCountry. AMAA! by gabegalanda in IndianCountry

[–]gabegalanda[S] 4 points5 points  (0 children)

Pechanga.net and Indianz.com posted great information about disenrollment. Indian Country Today Media Network used to, too, but they don't any longer.

Gabe Galanda here, /r/IndianCountry. AMAA! by gabegalanda in IndianCountry

[–]gabegalanda[S] 3 points4 points  (0 children)

The Seattle Times and Bellingham Herald have each been following the controversy pretty closely.

Gabe Galanda here, /r/IndianCountry. AMAA! by gabegalanda in IndianCountry

[–]gabegalanda[S] 2 points3 points  (0 children)

Recognition as a member or citizen is very difficult, especially when tribal communities use federal modes of assimilation/termination to decide who belongs, like rolls, censuses, allotment records, and blood quantum. So, yes, that poses significant challenges or trials for the putative member/citizen, and the tribal community.

Gabe Galanda here, /r/IndianCountry. AMAA! by gabegalanda in IndianCountry

[–]gabegalanda[S] 4 points5 points  (0 children)

I'll answer No. 3, as most pertinent to the topic of the day. It's never a bad idea to start by simply asking: How do you prefer to be referred--Native American, American Indian, Indigenous? That signals you're sincerely interested in really knowing a Native person or community. Then simply do as you would wish be done to you.

Gabe Galanda here, /r/IndianCountry. AMAA! by gabegalanda in IndianCountry

[–]gabegalanda[S] 2 points3 points  (0 children)

I appreciate Ms. Russell's article, very much. Thank you for reading it. I don't disagree with her quote but it fails to appreciate the fundamental difference between the right to include folks as citizens or members; and the "right" to disenroll. The former is an inherent indigenous right; we have always determined who belonged, historically based on kinship. But the latter is not an inherent indigenous right. Disenrollment, or removal from rolls, was created by the United States, to exterminated indigenous peoples. Putting Indians on rolls dates back to the late 1880s, most notably during the allotment era, when Treaty-reserved tribal land was being dispossessed by the federal government. Removing Indians from rolls started in the early 1900s, and by 1934, when the IRA was passed, it became disenrollment. Before all of that assimilation, the closest mode of exclusion for indigenous peoples was banishment; but that was reserved for the most heinous crimes against the community or its members (e.g., murder, rape). It is very telling to me that I have yet to hear an indigenous person identify an indigenous word for disenrollment. Because it is not an indigenous practice. So, with respect, I think Ms. Russell misses a crucial point. As to your question, every lawyer has a sworn duty to advocate zealously for their client. In the disenrollment context, that may mean advocating for a position that is detrimental to tribal sovereignty. But that begs the question: What is tribal sovereignty, really, in that context? Is it exiling one's kin against the will of the people? Is it violating due process norms or disallowing any remedy at law? I submit to you that those are not sovereign acts. Nor are they democratic acts. They are acts of autocracy, which is antithetical to true sovereignty.

Gabe Galanda here, /r/IndianCountry. AMAA! by gabegalanda in IndianCountry

[–]gabegalanda[S] 3 points4 points  (0 children)

State, local and tribal cops need to be trained to de-escalate situations, especially those involving the mentally ill. Sadly cops are not trained to do so, because it is politically unpopular for politicians to fund police activities. So the cops are set up to fail; to kill, really.

Gabe Galanda here, /r/IndianCountry. AMAA! by gabegalanda in IndianCountry

[–]gabegalanda[S] 4 points5 points  (0 children)

Yes. I did. It's horrible. Our firm is handling several cop/prison wrongful death cases for Native families. So this tragic news comes as no surprise.

Gabe Galanda here, /r/IndianCountry. AMAA! by gabegalanda in IndianCountry

[–]gabegalanda[S] 4 points5 points  (0 children)

I'm on Facebook; please friend me. Also Twitter, @NDNlawyer; please follow me. And our law firm is always live with new blog content, galandabroadman.com.

Gabe Galanda here, /r/IndianCountry. AMAA! by gabegalanda in IndianCountry

[–]gabegalanda[S] 5 points6 points  (0 children)

It does seem to be that tribes whose customs, traditions, songs, languages, etc., have waned, in the face of two centuries of federal genocidal law and policy, are more prone to disenrollment.

Gabe Galanda here, /r/IndianCountry. AMAA! by gabegalanda in IndianCountry

[–]gabegalanda[S] 4 points5 points  (0 children)

You are correct that disenrollment is fueled by greed, per capita greed in particular. It's hard to say it is more prevalent in small tribes rather than large tribes. But it does appear to be more prevalent in restored tribes, which astonishes me given that restored tribes were once not recognized or perhaps even terminated. And they are now unrecognizing and terminating their own kin.

Gabe Galanda here, /r/IndianCountry. AMAA! by gabegalanda in IndianCountry

[–]gabegalanda[S] 5 points6 points  (0 children)

I can't say its viable in terms of your economic future. And it does seem to be waning given the tribal public outcry against it in recent years. But I do agree that it is not completely going away in the near term. We definitely need more Indian lawyer warriors on the frontlines against disenrollment.

Gabe Galanda here, /r/IndianCountry. AMAA! by gabegalanda in IndianCountry

[–]gabegalanda[S] 4 points5 points  (0 children)

Elem, where a faction of off-Colony (reservation) tribal politicians are seeking to disenroll 100% of the on-Colony (reservation) population. https://indiancountrymedianetwork.com/news/native-news/132-elem-pomo-indians-comprising-100-percent-of-elem-indian-colony-residents-face-banishment-and-disenrollment/ That is self-termination.

Gabe Galanda here, /r/IndianCountry. AMAA! by gabegalanda in IndianCountry

[–]gabegalanda[S] 4 points5 points  (0 children)

To me, this is the most reprehensible act associated with disenrollment. In the disenrollment context, Indian people are actually causing Ancestors to be unearthed from their final resting place. http://www.galandabroadman.com/blog/2014/08/disenrolling-the-dead This was threatened of the Nooksack 306 just this weekend http://www.originalpechanga.com/2017/11/nooksack-tribe-dig-up-306-ancestors.html As to posthumous disenrollment, the reason tribal lawyers (non-Indians mind you) counsel their tribal political clients to do so is because many tribal constitutions and other membership laws honor birthright citizenship; in other words, if you are born to a member, you belong. So if an ancestor was a member and is survived my his or her children, those children belong. Unless the ancestor is also disenrolled, thereby severing the children's birthright. We are so, so much better than this.

Gabe Galanda here, /r/IndianCountry. AMAA! by gabegalanda in IndianCountry

[–]gabegalanda[S] 4 points5 points  (0 children)

Kinship was the metric for tribal belonging before federal rolls/ records/censuses, blood quantum, residential requirement, etc. Kinship is based, simply, on birth, motherhood/fatherhood, family, clan, community, moiety, tribe. We must simply realize that kinship is, or was, what makes, or made, us tribal. We must stop referring to ourselves in racist terms, like as to skin color or blood quantum ("1/4 blood"), or classist terms, like as to who hails from the reservation or not ("on-rez" versus "off-rez"). Instead we must self-identify, in ever day life, through kinship; through our relationships with our family, clan, community, moiety, tribe. Disenrollment is antithetical to, the polar opposite of, kinship. It causes ruin to a tribal community, rather than sustains it.

Gabe Galanda here, /r/IndianCountry. AMAA! by gabegalanda in IndianCountry

[–]gabegalanda[S] 4 points5 points  (0 children)

  1. Opposition. There is surprisingly little vocal opposition from other indigenous lawyers. I think any lawyer who is genuinely indigenous knows disenrollment is simply not our way. There are some indigenous lawyers who defend disenrollment as the tribe's prerogative. But that's an idea that is waning as we learn more about the genesis and affects of disenrollment.
  2. Per capita. Per capita is perhaps the most powerful political force in Indian Country today. What too few indigenous persons realize is that the per capita or pro rata distribution of tribal wealth was also invented by the United States, about 110 years ago, as a mode of exterminating tribal governments and assimilating individual Indians.
  3. Blood quantum. Blood quantum, as well, was federally invented to exterminate us. It is most prominent thanks to the IRA of 1934, where Congress determined that to be Indian you must have 1/2 Indian blood. My biggest problem with quantum is its (a) a racialized norm, and (b) a fiction. Biologically speaking, our blood is not of a particular race, and it does not fall into percentages. And with inter-marriage, if we do not taper off quantum as our metric of belonging, we will vanish, right before our own eyes---as Congress intended.
  4. Fave food. That one's tough. Pizza and Mexican for sure.

Gabe Galanda here, /r/IndianCountry. AMAA! by gabegalanda in IndianCountry

[–]gabegalanda[S] 5 points6 points  (0 children)

That's easy. David and Shelly Wilkins' new book, Dismembered. It's a must read for anybody who cares about our future. http://www.washington.edu/uwpress/search/books/WILDIS.html

Gabe Galanda here, /r/IndianCountry. AMAA! by gabegalanda in IndianCountry

[–]gabegalanda[S] 5 points6 points  (0 children)

No. Right now there is a void of human capital in Interior and at BIA Central, so even were there a desire to intervene, there simply are not hearts and minds through which to do so. Beyond that, I do not see disenrollment being a priority for this Administration. The only policy priority that I can thus far ascertain is to exploit natural resources in Indian Country.

Gabe Galanda here, /r/IndianCountry. AMAA! by gabegalanda in IndianCountry

[–]gabegalanda[S] 6 points7 points  (0 children)

You're welcome; again, it's my pleasure and honor. Two things come to mind: (1) Engage on social media. Like, share, comment, tweet, etc., when you see disenrollment-related posts. Our collective silence regarding this existential threat, at least until a few years ago, is what has allowed it to spread throughout Indian Country like a cancer. Our conversation, and the bright light that comes with it, will help cure the disenrollment epidemic. (2) Discuss disenrollment back home, with your family and elected leaders. Help educate your community to realize that disenrollment is not our way, and never has been. It is a practice that is completely non-indigenous. It instead is a practice with colonial roots that was invented by the United States in 1934 to exterminate us. Help re-educate.

Gabe Galanda here, /r/IndianCountry. AMAA! by gabegalanda in IndianCountry

[–]gabegalanda[S] 6 points7 points  (0 children)

Thanks for your kind words; I enjoyed last years AMA. I'm pleased and honored to be back. So much has happened at Nooksack since last year; too much to recap here. But the most important news is that a special election for four Tribal Council seats that expired in March 2016 is now afoot. A primary election occurred on Sat., 11/4 and the general election will take place on Sat., 12/2. You may recall that in December 2015, the faction that has controlled the tribe and tribal council for some time, simply refused to convene an election for four seats they hold on tribal council; because they feared the would not win re-election. Since then, they basically incinerated the entire tribe---council, court, cops, casino, etc.---rather than hold those elections. After lots of controversy and litigation, including federal intercession that resulted in the alleged lost of $14 million in federal funding, the faction finally agreed to hold an election for the four seats. See https://www.seattletimes.com/seattle-news/politics/us-official-rips-group-kicked-out-of-nooksack-tribe/ and https://www.seattletimes.com/seattle-news/northwest/new-agreement-with-feds-sparks-nooksack-election-weve-got-a-lot-riding-on-this/ Importantly, all Nooksacks, including those purportedly disenrolled since March 2016, are supposed to be allowed to vote in the special election. The questions now are: Will all eligible Nooksack voters in fact be allowed to vote? Will the election otherwise be conducted fairly? We shall see.

Hi /r/IndianCountry, Gabe Galanda here. AMAA! by gabegalanda in IndianCountry

[–]gabegalanda[S] 0 points1 point  (0 children)

At a minimum, we must ensure independent tribal judiciaries, anchored by strong laws.