#ProtectTribalRights

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Protecting Native American Rights: The Threat of Exclusion and What You Can Do

In recent days, there has been a disturbing trend of attempts to undermine the citizenship and civil rights of Native Americans. During the Trump administration, the Justice Department argued that Native Americans should not be entitled to birthright citizenship under the 14th Amendment, citing outdated and discriminatory 19th-century laws. These arguments are not just historical footnotes—they reflect a broader effort to roll back the rights of Native Americans and other marginalized groups.

What makes this moment even more alarming is the terrifying speed at which executive orders and policy changes are being introduced. On January 20, 2025, alone, a sweeping array of executive actions were announced, targeting everything from immigration and border security to energy policy, gender identity, and federal workforce protections. These changes are happening so quickly that it’s nearly impossible to keep up, let alone mount an effective response.

For Native Americans, the stakes are particularly high. Tribal sovereignty, treaty rights, and access to federal programs are all under threat. The rapid pace of these changes leaves little time for communities to organize, advocate, or mount legal challenges. It’s a deliberate strategy to overwhelm opposition and push through policies that could have devastating long-term consequences.

The Threat to Native American Rights

The Trump administration’s arguments against birthright citizenship relied on a dangerous reinterpretation of the 14th Amendment and the Civil Rights Act of 1866. Specifically, the Justice Department cited a clause in the 1866 Act that excluded “Indians not taxed” from citizenship and argued that this exclusion should still apply today. They also referenced the 1884 Supreme Court case Elk v. Wilkins, which denied citizenship to Native Americans on the grounds that they owed “immediate allegiance” to their tribes and were not “subject to the jurisdiction” of the United States.

These arguments are not only legally flawed but also morally reprehensible. Here’s why:

The Indian Citizenship Act of 1924 Native Americans are U.S. citizens by law. The Indian Citizenship Act of 1924 explicitly granted citizenship to all Native Americans born in the U.S., rendering the Trump administration’s arguments based on 19th-century laws irrelevant.

The 14th Amendment The 14th Amendment guarantees citizenship to “all persons born or naturalized in the United States, and subject to the jurisdiction thereof.” Native Americans are unequivocally subject to U.S. jurisdiction, and their citizenship is firmly established under both the 14th Amendment and subsequent laws.

Tribal Sovereignty and Dual Citizenship Native Americans are citizens of both their tribal nations and the United States. Tribal sovereignty does not negate their U.S. citizenship—it complements it. The Trump administration’s arguments dangerously conflate tribal allegiance with foreign allegiance, ignoring the unique political status of Native American tribes.

Historical Context of Exclusion Native Americans have faced centuries of systemic discrimination, forced assimilation, and broken treaties. The Trump administration’s arguments echo the same racist and exclusionary policies that sought to deny Native Americans their rights in the past.

What You Can Do

The potential exclusion or marginalization of Native Americans is unacceptable. Here are concrete steps you can take to stand up for their rights and ensure justice prevails:

1. Raise Awareness

Share Information: Use social media, blogs, and community forums to spread the word about the risks posed by these arguments. Highlight the historical and legal context of Native American citizenship.

Educate Others: Many people are unaware of the unique legal and political status of Native Americans. Share resources about tribal sovereignty, treaties, and civil rights protections.

2. Advocate for Native American Rights

Contact Elected Officials: Reach out to your representatives in Congress and demand that they protect Native American rights. Urge them to pass legislation explicitly safeguarding tribal sovereignty and civil rights.

Support Tribal Leaders: Tribal governments are on the front lines of this fight. Amplify their voices and support their efforts to advocate for their communities.

3. Partner with Advocacy Organizations

Native American Rights Fund (NARF): NARF provides legal assistance to Native Americans and works to protect tribal sovereignty and resources.

National Congress of American Indians (NCAI): NCAI advocates for federal policies that support tribal nations and their citizens.

American Civil Liberties Union (ACLU): The ACLU works to defend civil rights and can help challenge discriminatory policies in court.

4. Take Legal Action

Monitor Implementation: Watch for any policies or executive actions that threaten Native American rights and document their effects.

File Lawsuits: If these arguments lead to violations of civil rights or treaty obligations, affected individuals or tribes can file lawsuits to challenge their legality.

5. Support Native-Led Initiatives

Donate to Tribal Programs: Many tribes run programs to address education, healthcare, and environmental issues. Your support can help strengthen their resilience.

Buy from Native-Owned Businesses: Economic empowerment is a powerful tool for preserving cultural heritage and self-determination.

6. Engage with Federal Agencies

Department of the Interior (DOI): The DOI, particularly the Bureau of Indian Affairs (BIA), has a trust responsibility to protect Native American rights. Demand that they uphold this responsibility.

Department of Justice (DOJ): The DOJ enforces civil rights laws. Pressure them to investigate and address any discrimination resulting from these arguments.

7. International Advocacy

United Nations: Native American tribes can bring attention to potential violations of their rights through international bodies like the United Nations, particularly under the UN Declaration on the Rights of Indigenous Peoples (UNDRIP).

Why This Matters

Native Americans have endured centuries of systemic injustice, yet they continue to fight for their rights, their lands, and their cultures. The Trump administration’s arguments against birthright citizenship are a stark reminder that these rights are still under threat. By standing together, we can ensure that Native Americans are not excluded or forgotten. Their rights are our rights, and their fight is our fight.

Key Resources

Native American Rights Fund (NARF): www.narf.org

National Congress of American Indians (NCAI): www.ncai.org

American Civil Liberties Union (ACLU): www.aclu.org

Indian Citizenship Act of 1924: Read the Text

Civil Rights Act of 1964: Read the Text

Targeting Native Americans is not just a violation of their rights—it’s an attack on the principles of justice and equality that define our nation. The policies enacted on January 20, 2025, represent a profound threat not only to Native Americans but to all marginalized communities. By standing together and taking action, we can resist these changes and protect the rights of all.

But this fight cannot be won in isolation. It requires international solidarity, intersectional organizing, and the building of local power structures to ensure we are stronger together than we are divided. Here’s how you can contribute to a broader movement for justice:

Call to Action

Build Intersectional Solidarity

Recognize that the struggles of Native Americans are interconnected with those of other marginalized groups, including Black, Latino, LGBTQ+, and immigrant communities.

Support movements that fight for racial justice, environmental justice, workers’ rights, and gender equality.

Join or Form Local Organizations and Unions

Organize within your community to create networks of mutual aid, advocacy, and resistance.

Join labor unions or workers’ collectives to strengthen collective bargaining power and protect workers’ rights.

Foster Dual Power Structures

Learn from historical movements like the Black Panther Party (BPP), which built community programs (e.g., free breakfast programs, health clinics) while advocating for systemic change.

Create local initiatives that meet immediate needs—such as food distribution, healthcare access, or legal aid—while challenging oppressive systems.

Stay Connected and Communicate

Build and maintain communication networks with other activists, organizers, and communities.

Use social media, community forums, and local meetings to share information, resources, and strategies.

Engage in International Solidarity

Connect with Indigenous and marginalized communities worldwide to share knowledge, resources, and support.

Advocate for global human rights and environmental protections through international organizations and campaigns.

Educate and Mobilize

Host workshops, teach-ins, and discussions to educate others about the issues facing Native Americans and other marginalized groups.

Mobilize your community to participate in protests, rallies, and direct actions.

Support Legal and Political Advocacy

Push for legislation that protects Native American rights, tribal sovereignty, and civil rights for all.

Support candidates and organizations that align with these values at the local, state, and national levels.

Explore Revolutionary Theory

Study revolutionary theories, including communism, that emphasize collective ownership, equity, and the dismantling of oppressive systems.

Understand how these principles can inform our fight for justice and help us build a society that prioritizes people over profit.

Engage in discussions about how to apply these theories in practical, community-centered ways to address the root causes of inequality and exploitation.

Learn more here: https://docs.google.com/document/d/1HVm0-wE6fJH0OZ3Ri-WQ5Rmit0IwpDzVX5a8lyIeEfw/edit

Final Thoughts

The fight for justice is not just about resisting harmful policies—it’s about building a world where everyone can thrive. By standing in solidarity with Native Americans and other marginalized communities, we can create a future rooted in equality, dignity, and respect. Share this article, take action, and join the fight for justice. Together, we are stronger.