Indian Law

[Sally Wright]

What is the name of your state? California

I am a member of a tribe that is approaching federal recognition. During this process geneaology was completed on all members. This issue is that a large percentage of the members were identified as not being Indigenous to our Tribe. Our Constitution states you must have 1/8th or more indigenous blood to be a voting member of our tribe as well as sit on the council. One of the council members has been identified as having less than 1/64th of the required quantum. What is the legal avenue to have this member removed and dis-enrolled from this tribe?

Thank you,What is the name of your state?

 

[rmet4nzkx]

What is the name of your state? California

I am a member of a tribe that is approaching federal recognition. During this process geneaology was completed on all members. This issue is that a large percentage of the members were identified as not being Indigenous to our Tribe. Our Constitution states you must have 1/8th or more indigenous blood to be a voting member of our tribe as well as sit on the council. One of the council members has been identified as having less than 1/64th of the required quantum. What is the legal avenue to have this member removed and dis-enrolled from this tribe?

Thank you,What is the name of your state?

While I appreciate the problem, this board is for US laws only, thus we cannot advise on an unknown independent tribal government.

That being said, it is up to the tribal government to rule on this issue. Native Americans e.g. Indigenous persons have a history of accepting non members into the tribe just as US law allows for legal adoptions, thus it would be up to the judicial branch of the tribe to take the matter under considertion and issue a ruling.