As U.S. Immigration and Customs Enforcement intensifies its efforts to apprehend and deport undocumented immigrants throughout the country, concern is rising among Indigenous communities residing in urban areas about reports of Indigenous people being detained in the Valley.
Since President Donald Trump issued his executive order for an increase in ICE raids, Navajo tribal leaders have received alarming reports that their tribal members are being detained, heightening uncertainties over the implications these actions have for their communities and the safety of their people.
“We now know that Navajo people and enrolled members of other tribes are being detained in Phoenix and other cities by ICE,” Navajo Nation Council Speaker Crystalyne Curley said during a committee meeting on Thursday. “The reports that we have received indicate that we need to coordinate an operation or some type of response to help our enrolled tribal members here on the Navajo Nation.”
On Thursday, Navajo tribal leaders reported that they have received calls and text messages from Navajo people living in urban areas who have been stopped, questioned or detained by ICE. Those reports sparked outrage among Navajo Nation Council members and prompted a detailed discussion of the topic during a Naabik’íyáti’ Committee meeting.
“These raids have sparked significant fear, especially among tribal members in urban areas who face challenges with documentation,” the Navajo Nation Council said in a press release. A verified number of the Navajo people who have been detained was not shared during the committee meeting.
State Sen. Theresa Hatathlie joined the committee meeting virtually and shared her report and concerns in Navajo. Hatathlie represents the Legislative District 6, which encompasses the Navajo Nation.
Hatathlie reported to the Council that she received a call about a case involving a Navajo citizen who was detained for nine hours. She did not share the individual’s identity. Hatahtlie told council members that there is a need for emergency protocols because many tribal members already struggle with access to proper documentation, which can get worse under the ICE sweeps.
“Despite possessing Certificates of Indian Blood (CIBs) and state-issued IDs, several individuals have been detained or questioned by ICE agents who do not recognize these documents as valid proof of citizenship,” the Navajo Nation Council stated in a press release.
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In defending the constitutionality of the executive order, the U.S. Department of Justice erroneously argued in court that Indigenous people didn’t have birthright citizenship, so neither should the children of noncitizen immigrants.
“The United States’ connection with the children of illegal aliens and temporary visitors is weaker than its connection with members of Indian tribes,” DOJ argued in a filing. “If the latter link is insufficient for birthright citizenship, the former certainly is,” the Trump administration argued.”
The DOJ cited an 1884 U.S. Supreme Court case, Elk v. Wilkins, in which the high court decided that “because members of Indian tribes owe ‘immediate allegiance’ to their tribes, they are not ‘subject to the jurisdiction’ of the United States and are not constitutionally entitled to Citizenship.”
But the DOJ ignored congressional action, the Indian Citizenship Act of 1924, that explicitly gave Indigenous people U.S. birthright citizenship and effectively ended the rejection of citizenship that the Supreme Court had upheld four decades earlier.