Heinrich, Schatz Lead Colleagues in Demanding Trump’s DHS Immediately End Wrongful ICE Searches & Harassment of Tribal Members, Uphold U.S. Trust and Treaty Responsibility with Tribal Nations

WASHINGTON — U.S. Senators Martin Heinrich (D-N.M.) and Brian Schatz (D-Hawaii), Vice Chairman of the Senate Indian Affairs Committee, led 13 of their Democratic colleagues in demanding that the U.S. Department of Homeland Security (DHS) uphold the United States’ trust and treaty responsibility with Tribal nations and their citizens by ending wrongful searches and interrogations of Tribal members.

In the letter, the lawmakers raise concern over reports of Immigration and Customs Enforcement (ICE) agents stopping and harassing United States-born citizens on suspicion of being undocumented migrants since President Trump issued an Executive Order seeking to terminate birthright citizenship. These incidents have stoked fear and panic for many Tribal citizens living on and off reservation lands.

“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 a letter to DHS Secretary Kristi Noem.

The senators requested that DHS consult with Tribes and issue guidance on what forms of identification are acceptable as valid proof of United States citizenship, including Tribal government-issued identification. They also urged DHS to issue internal guidance for ICE agents on how to lawfully engage with federally recognized Tribes and their citizens, including on Tribal lands.

“Accordingly, we ask that the Department issue guidance and training to ICE agents on forms of Tribal identification that are acceptable as proof of United States citizenship (alone or in tandem with other documents). We also ask that your Department communicate and consult with Tribal governments to ensure they are given timely and accurate information to inform and protect their Tribal citizens from unnecessary searches, interrogation, and detention related to immigration enforcement efforts,” the senators continued. 

The senators also pressed Secretary Noem to answer the following questions:

1. Does ICE policy accept of Certificates of Indian Blood (CIBs), Tribal enrollment, or other Tribal identification documents as valid proof of United States citizenship?
   1. If yes, please provide a full description of these policies and how they are communicated within your Department, and with Tribal governments.
   2. If no, please clarify what information needs to be present on Tribally-issued identification documents for those to be accepted as valid proof of United States citizenship.

2. What training are ICE agents given about different forms of valid identification and documentation of United States citizenship for enrolled members of federally recognized Tribes, including CIBs, Tribal enrollment, or other Tribal identification?

3. What training are ICE agents, and other law enforcement personnel in your Department, given about interactions with citizens of federally recognized Tribes?

4. What specific corrective actions are you taking to ensure that the rights of United States-born Tribal citizens, as American citizens, are being upheld and respected by your Department?

5. How does ICE justify the use of taxpayer dollars and its limited resources to conduct enforcement actions involving United States-born citizens of federally recognized Tribes?

6. What has been the estimated cost of ICE enforcement actions within reservation boundaries thus far?  Will ICE enforcement actions occur within community locations such as schools, hospitals, clinics, and religious institutions that are on Tribal lands, including trust land, restricted fee, and fee simple lands, or located off of Tribal lands? 

7. What implications do ICE enforcement actions have for Tribal nations whose historic lands transcend the U.S.-Mexico and U.S.-Canada borders, including Tribes with members living in Mexico or Canada and/or having transborder migratory privileges using special identification documents, such as the Tohono O’odham Nation and the Kickapoo Traditional Tribe of Texas?  What will ICE do to ensure that tribal members residing in Mexico or Canada are not inappropriately detained as a result of these enforcement actions?  And how is ICE educating its agents about the access guaranteed in the Jay Treaty to the United States for Canadian First Nations members for cultural, trade, and other purposes?

The letter was led by U.S. Senators Martin Heinrich (D-N.M.) and Brian Schatz (D-Hawaii). The letter was signed by U.S. Senators John Hickenlooper (D-Colo.), Ben Ray Luján (D-N.M.), Kirsten Gillibrand (D-N.Y.), Jeff Merkley (D-Ore.), Michael Bennet (D-Colo.), Patty Murray (D-Wash.), Ron Wyden (D-Ore.), Alex Padilla (D-Calif.), Angus King (I-Maine), Catherine Cortez Masto (D-Nev.), Tim Kaine (D-Va.), Tina Smith (D-Minn.), and Mark Warner (D-Va.).

The text of the letter is here and below:

Dear Secretary Noem:

We write to express our growing concern over reports that, since President Trump issued the Executive Order on birthright citizenship, United States-born citizens of federally recognized Tribes have been stopped and questioned by Immigration and Customs Enforcement (ICE) agents on suspicion of being undocumented migrants.  These incidents have stoked fear and panic for many Tribal citizens living on and off reservation, resulting in at least one Tribal government issuing its own guidance and standing up a citizen hotline to report incidents and receive assistance. 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. 

Accordingly, we ask that the Department issue guidance and training to ICE agents on forms of Tribal identification that are acceptable as proof of United States citizenship (alone or in tandem with other documents).  We also ask that your Department communicate and consult with Tribal governments to ensure they are given timely and accurate information to inform and protect their Tribal citizens from unnecessary searches, interrogation, and detention related to immigration enforcement efforts.

Both Congress, exercising its plenary authority over Indian Affairs, and the United States Supreme Court have established that Indians born in the United States are United States citizens. Indians may also be citizens of federally-recognized Tribes, making them dual citizens of both the United States and their Tribal nations.  As such, Tribal citizens may possess multiple forms of identification, including Tribal government-issued identification, such as enrollment cards and Certificates of Indian Blood (CIB), and state-issued or federally-issued identification.  However, it is not uncommon for Tribal citizens to only carry their Tribal government-issued identification, which is often accepted as valid proof of United States citizenship for purposes of federal benefits.

In addition to consulting with, and issuing guidance for, Tribes on what forms of identification ICE will accept as valid proof of United States citizenship, including Tribal identification, we also request that your Department issue internal guidance for ICE agents on how to lawfully engage with federally recognized Tribes and their citizens, including on Tribal lands. Lastly, we request that you reply, in detail, to the following questions:

• Does ICE policy accept of Certificates of Indian Blood (CIBs), Tribal enrollment, or other Tribal identification documents as valid proof of United States citizenship?
  • If yes, please provide a full description of these policies and how they are communicated within your Department, and with Tribal governments.
  • If no, please clarify what information needs to be present on Tribally-issued identification documents for those to be accepted as valid proof of United States citizenship.

• What training are ICE agents given about different forms of valid identification and documentation of United States citizenship for enrolled members of federally recognized Tribes, including CIBs, Tribal enrollment, or other Tribal identification?

• What training are ICE agents, and other law enforcement personnel in your Department, given about interactions with citizens of federally recognized Tribes?

• What specific corrective actions are you taking to ensure that the rights of United States-born Tribal citizens, as American citizens, are being upheld and respected by your Department?

• How does ICE justify the use of taxpayer dollars and its limited resources to conduct enforcement actions involving United States-born citizens of federally recognized Tribes?

• What has been the estimated cost of ICE enforcement actions within reservation boundaries thus far?  Will ICE enforcement actions occur within community locations such as schools, hospitals, clinics, and religious institutions that are on Tribal lands, including trust land, restricted fee, and fee simple lands, or located off of Tribal lands?

• What implications do ICE enforcement actions have for Tribal nations whose historic lands transcend the U.S.-Mexico and U.S.-Canada borders, including Tribes with members living in Mexico or Canada and/or having transborder migratory privileges using special identification documents, such as the Tohono O’odham Nation and the Kickapoo Traditional Tribe of Texas?  What will ICE do to ensure that tribal members residing in Mexico or Canada are not inappropriately detained as a result of these enforcement actions?  And how is ICE educating its agents about the access guaranteed in the Jay Treaty to the United States for Canadian First Nations members for cultural, trade, and other purposes?

We ask that your response include documentation of all Department policies and practices related to the questions above by March 4, 2025, along with evidence of any actions your Department is taking to communicate and consult with Tribes on ICE enforcement efforts, both on and off of Tribal lands.

Sincerely,

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