As of February 2025, the Trump administration has not implemented any official policy to deport Native Americans. However, recent intensified immigration enforcement has led to concerning incidents where Native American citizens have been harassed, detained, or questioned by Immigration and Customs Enforcement (ICE) agents. These actions have raised alarms about potential violations of civil rights and tribal sovereignty.
Incidents of Concern
Reports have emerged from various states, including New Mexico and Arizona, where Native American individuals have been stopped and questioned by ICE agents regarding their citizenship status. In one notable incident, a member of the Mescalero Apache tribe was approached by an ICE agent at a convenience store in Ruidoso, New Mexico, and asked to provide proof of U.S. citizenship. Similarly, the Navajo Nation has reported multiple cases of their citizens experiencing negative and traumatizing encounters with federal agents targeting undocumented immigrants. These incidents have prompted responses from Native American leaders and lawmakers. Navajo Nation President Buu Nygren has urged tribal members to carry state-issued identification and their Certificate of Indian Blood to prevent such situations. Additionally, a group of Democratic lawmakers has called on President Trump to direct ICE agents to cease harassment of Native Americans, describing the behavior as “unconstitutional and un-American.”
Legal Context
Native Americans born in the United States have been recognized as U.S. citizens since the Indian Citizenship Act of 1924. This citizenship status means that ICE does not have the authority to arrest or deport Native Americans for immigration violations. Despite this, the recent executive order titled “Protecting the Meaning and Value of Birthright Citizenship,” issued on January 20, 2025, has sparked debates due to its references to historical cases where Native American citizenship was denied. While the order does not target Native American citizenship directly, it has led to increased scrutiny and misunderstandings.
Actions to Support and Protect Native Americans
To address and prevent further incidents, consider the following steps:
1. Stay Informed: Keep abreast of the latest developments regarding immigration enforcement and how they may impact Native American communities.
2. Know Your Rights: Native Americans should be aware of their rights when encountering law enforcement. Resources such as the Native American Rights Fund (NARF) provide valuable information on this topic.
3. Carry Proper Identification: It’s advisable for Native Americans to carry tribal identification, state ID, or other forms of identification to demonstrate citizenship if questioned.
4. Community Support: Engage with local Native American organizations and support networks to share information and provide assistance to those affected.
5. Advocacy: Support legislative efforts that protect the rights of Native Americans and hold law enforcement agencies accountable for any misconduct.
By staying informed, knowing one’s rights, and fostering community support, we can work together to ensure that the rights and sovereignty of Native American citizens are respected and upheld.
Sources referenced in the article:
1. Reuters – Native Americans Say Tribal Members Harassed by Immigration AgentsThis article reports on incidents where Native Americans were stopped and questioned by ICE agents regarding their citizenship status.URL: https://www.reuters.com/world/us/native-americans-say-tribal-members-harassed-by-immigration-agents-2025-01-302.
Press Release from Rep. Jared Huffman – Demand to Stop ICE Harassment of Native American CitizensThis congressional letter calls on the Trump administration to halt unconstitutional ICE harassment of Native Americans.URL: https://huffman.house.gov/media-center/press-releases/in-letter-to-trump-huffman-leger-fernandez-house-and-senate-colleagues-demand-a-stop-to-unconscionable-ice-harassment-of-native-american-citizens
3. Native American Rights Fund (NARF) – Citizenship and Immigration Issues for Native AmericansA legal overview of Native American citizenship and immigration-related challenges, including historical and recent cases.URL: https://narf.org/citizenship-immigration-2025