Immigration and Customs Enforcement agents arrest a fugitive in 2020. (Photo courtesy of U.S. Immigration and Customs Enforcement)
In the weeks following President Donald Trump’s crackdown on undocumented immigrants nationwide, several tribal nations have expressed their concerns about their citizens being stopped and questioned by Immigration and Customs Enforcement agents.
In light of these concerns, 15 U.S. senators wrote a letter to Secretary of Homeland Security Kristi Noem.
“Whether it is simple ignorance or worse — outright disrespect for and harassment of Tribal citizens — ICE’s law enforcement tactics reflect an abdication of U.S. trust and treaty responsibility with Tribal nations and their citizens and cannot stand,” the senators wrote in the letter.
The letter is headed by U.S. Sens. Martin Heinrich (D-NM) and Brian Schatz (D-HI), who also serves as the vice chair for the Senate Indian Affairs committee.
“These incidents have stoked fear and panic for many Tribal citizens living on and off (the) reservation, resulting in at least one Tribal government issuing its own guidance and standing up a citizen hotline to report incidents and receive assistance,” the senators added.
The tribe the senators reference in the letter is the Navajo Nation. Tribal leaders from the Navajo Nation reported in January an increase in concerns among tribal citizens living in urban areas about being stopped and questioned by ICE agents.
In response, the Navajo Nation launched the Immigration Crisis Initiative, which provides resources for tribal citizens to navigate these issues, including a hotline for immediate help.
The letter requested that the U.S. Department of Homeland Security issue clear guidance and training for ICE agents, communicate and consult with tribal governments, and respond to questions about how the department works with tribes.
In particular, the senators want DHS to ensure that ICE agents understand the various forms of tribal identification acceptable as proof of United States citizenship. They also request that the department issue internal guidance for ICE agents on how to “lawfully engage with federally recognized Tribes and their citizens.”
The letter also urged the department to engage with tribal governments to ensure they receive timely and accurate information, which can then be shared with their tribal citizens to prevent unnecessary searches, interrogations and detentions related to immigration enforcement efforts.
The senators asked the department to respond by March 4 and include all documentation of its policies and practices related to the questions presented in the letter.
The letter also sought evidence of any actions the department is taking to communicate with and consult with tribes regarding ICE enforcement efforts on and off tribal lands.
The senators who signed the letter are: Heinrich, Schatz, John Hickenlooper (D-CO), Ben Ray Lujan (D-NM), Kirsten Gillibrand (D-NY), Jeffrey Merkley (D-OR), Michael Bennet (D-CO), Patty Murray (D-WA), Ron Wyden (D-OR), Alex Padilla (D-CA), Angus King Jr.(I-ME), Catherine Cortez Masto (D-NV), Tim Kaine (D-VA), Tina Smith (D-MN) and Mark Warner (D-VA).
Arizona Democratic Senators Ruben Gallego and Mark Kelly did not sign the letter, even though Arizona is home to 22 federally recognized tribes and has a large Native American population. The Arizona Mirror contacted their offices for comment.
A spokesperson for Gallego said the senator has a proven record of fighting for Arizona’s tribes and will continue fighting for them in the Senate.
“The Senator is concerned about reports of mistreatment of Tribal members and will hold the Trump Administration accountable for any chaos caused by chaotic executive orders that impact the people of Arizona,” the spokesperson said in an emailed statement.
A spokesperson for Kelly stated that he is concerned about reports of mistreatment of tribal members and has been in close contact with tribal leaders while also raising this issue directly with ICE.
“The Senator is working to ensure Tribal leaders have lines of communication with ICE officials in Arizona to prevent members from being wrongfully and illegally stopped,” the spokesperson said in an emailed statement.
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Arizona Mirror, like Oregon Capital Chronicle, is part of States Newsroom, a nonprofit news network supported by grants and a coalition of donors as a 501c(3) public charity. Arizona Mirror maintains editorial independence. Contact Editor Jim Small for questions: info@azmirror.com.