The Game: Using Sovereign Status of Tribes to Funnel Federal Funds

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Mar 022025
 

Benefit for Native Americans, or a grift for NGOs?

By Elizabeth Morris  – March 2, 2025

Introduction
Economist Milton Friedman taught that competitive capitalism is both a vehicle for economic freedom and a necessity for political freedom (Friedman and Friedman 2002) (E. Morris 2025). Government control of resources and property destroys liberty and government control of the media destroys free speech – thus it is impossible to preserve political freedom in a system where the government controls the economy. As both the federal and tribal governments practice extreme over-reach upon tribal members, the free-market theory of economics and private property ownership is paramount with regard to political and economic conditions within the reservation system (E. Morris 2025).

“Economist Shawn Regan, in his article, Ways The Government Keeps Native Americans In Poverty, examined federal policies that impede tribal members from attaining financial success and hinder economic development in Indian Country (Regan 2014)” (E. Morris 2025). Regan, along with economists Sowell (2009, 244-245), Alston, and T. Anderson, believes full title to property is necessary for financial leverage – and thus individual and community health and growth (E. Morris 2025).

Economic development in Indian Country requires the establishment of financial institutions and proper stewardship of resources. But it also requires proper oversight, accountability and audit. While much attention has recently been brought upon the widespread corruption within the federal government, the corruption that flows to and through tribal entities with the help of federal dollars remains almost a taboo topic.

Case Point #1: Selling bonds on the Pine Ridge Reservation. Was Hunter Biden Trying to Exploit Tribal Sovereignty?

Many Americans know that on May 12, 2014, Hunter Biden was placed on the board of Burisma, the Ukrainian private oil and gas company (U.S. HSGAC – Finance Committees 2020, 66). His partner, Devon Archer, had been placed on the board three weeks earlier. According to State Department records, the United States Agency for International Development (USAID) funded the Municipal Energy Reform Program (MERP), which entered into a ‘Memorandum of Understanding’ with Burisma on October 13, 2014” (U.S. HSGAC – Finance Committees 2020, 15 ftn).

What many are not aware of was Biden’s involvement in a financial crime that used a relatively unregulated bond opportunity on the Pine Ridge Reservation. A payday loan company, established by Raycen Raines around 2012, was initially unaffiliated with Biden and his friends. Located within Oglala Lakota County, which was designated by the U.S. Census Bureau in 1980 as the poorest county in the nation,” loans were made around the country as an “official tribal entity,” free from interference by state regulators” (Morris 2020). It was reported that the payday business charged “an annual percentage rate of 782.00% and a daily interest rate of just more than .021%, meaning that if an individual borrowed $25.71 they would be required to pay back $325.71 if they miss the first scheduled payment that is due two weeks after a loan is taken out” (Ecoffey 2014).

At the time, the “Biden group” was still putting together their own financial vehicles. In an email thread dated October 5, 2013, in which Archer, John Galanis, and Bevan Cooney go over changes to be made in their “bios” as part of organizational affairs, they reference adding Hunter Biden to the group and “putting a little honey in his pocket” (Morris 2020).

Archer and former Secretary of State John Kerry’s stepson, Christopher Heinz, had met at Yale where they were roommates. Over time, they built a business relationship with Hunter Biden. Rosemont Capital was their initial primary business vehicle. However, in October 2013, they decided to use a “Rosemont Seneca SPV” (special purpose vehicle) because “Rosemont Capital was too close to the Heinz family” and using an SPV would “bring Hunter into the mix.” Archer wanted “to leverage Hunter” in a way that did not involve Heinz as much, because Heinz was “more risk averse’” (Morris 2020). They also mentioned that “Hunter will work if we need him too [sic]” (Morris 2020). Within a week, Biden’s business associate Jason Galanis has set up Rosemont Seneca Partners. Archer, pleased, stated, “Perfect. Let us just keep to that. We get the Biden lift and stay out of Heinz panties” (Morris 2020).

Hunter, Archer and Heinz briefly became “primary business partners on matters involving Ukraine and China” and co-partners in “a variety of investment-focused firms under the name Rosemont Seneca” (Morris 2020). For almost two years, Burisma:

sent 48 wires to Rosemont Seneca Bohai, totaling $3,489,490.78. Of the 48 transactions, 39 are described as “Consulting Services” and 39 of the 48 are in the amount of $83,333.33, with the last of the payments occurring on Feb. 12, 2016. Between June 5, 2014, and Oct. 5, 2015, Rosemont Seneca Bohai sent 38 wires totaling $701,979.00 to three of Hunter Biden’s bank accounts. (U.S. HSGAC – Finance Committees 2020, 67)

Heinz began making moves to sever his formal business ties with Archer and Biden in May 2014. Meanwhile, Biden and Archer joined with the Galanis and Cooney to take over the payday scheme and begin the bond ruse. Attorney William Shipley wrote,

…a group of white-collar ‘fraudsters’ with a long track record of dubious and illegal financial dealings, pitched a proposal to the Wakpamni Lake Community Corporation of the Oglala Sioux Tribe, in Pine Ridge, South Dakota, to issue a series of tax-free tribal bonds to raise money for improvements and public works projects on Tribal land. The fraudsters claimed they would take the proceeds from the bond sales and purchase annuities with a reputable insurance company. The revenue from the annuities would pay the interest on the bonds to the investors, and the excess revenue would be used to fund projects on the Tribal land. …What happened instead was that, through a series of fraudulent acts and sham transactions, after the Tribe issued three sets of bonds with an aggregate total value of $64 million, none of the proceeds from the sales of the bonds were used to purchase annuities as promised. Only the first interest payment to investors was made — with money obtained from another source — and a sizeable amount of the $64 million was spent by the promoters on themselves, as well as being used in other business operations with which they were involved. (Shipley 2020)

Shipley put together the following timeline summary of the Pine Ridge scheme:

• At a Las Vegas Indian Economic Development event in March 2014, Jason and John Galanis met the tribal members who ran the payday loan company. The tribal members did not actually represent the tribe, had little capital, no land base and no collateral (Waste 2020). Many individual tribal members have no land title to leverage for investment and loans from banks because the federal government holds their land captive in a “trust.” However, the Galanis, who came to the event looking for poorly regulated tribal partners, sold them on the idea of issuing bonds (Morris 2020).
• The Galanis then took steps to divert funds for the project. Archer knew about this.
• The first bonds were sold in August 2014 “with revenue from the sale totaling $28 million.”
• The second set of bonds were sold in September 2014, “with revenue from the sale totaling $20 million. The purchase of the second set is made with $20 million taken from the $28 million sitting in a bank account. Archer takes “ownership” of one-half of the second set of bonds, and lists them as assets of Rosemont Seneca Bohai, LLC, a real estate investment company that is funded with money from a Chinese investment company partner. At this point, it seems that Rosemont Seneca Bohai has Archer as the only US partner, not Biden or Heinz.”
• The third set of bonds is sold in April 2015, raising $16 million. The funds to buy those bonds come from one client of the second investment advisory company purchased by Galanis and Archer.”
• “At that point, the Tribe has issued $64 million worth of bonds — that it will one day have to buy back — and none of the $64 million has been invested for the benefit of the tribe. The fraud is clear and absolute.”

According to a joint report between the senate committees for Finance and Homeland Security/Governmental Affairs, “In May 2016, Hunter Biden’s business partner, Archer, and five others were arrested and criminally charged in a scheme to defraud investors and a tribal entity of millions of dollars” (U.S. HSGAC – Finance Committees 2020, 68). Charges “were brought in connection with the President’s Financial Fraud Enforcement Task Force,” which conveniently left the Vice President’s son totally out of the picture (Morris 2020).

Nevertheless, documents filed in Hunter Biden’s paternity case showed he was subject to multiple criminal investigations related to “fraud, money laundering and a counterfeiting scheme,” including investigations related to Burisma Holdings, and allegations that “Biden had a hand in a plot … to rip off Sioux Native Americans to the tune of $60 million through the shady sale of tribal bonds”… and Biden “did drum up business for the scheme” (Rosner and Feis 2019). Further, Cooney, who was convicted in the Tribal bond fraud, has released about 26,000 emails, suggesting many implicate Hunter Biden in the bond scheme. Cooney stated that he released the emails because “Hunter Biden improperly escaped accountability and responsibility for his role in the fraud for which seven other people have gone to prison” (Shipley 2020).

Beware of smooth talkers. Look for what is underneath: Watch for the fruit.
While much has been made about how these crimes were foisted on an impoverished, unsuspecting tribe, it needs to be noted that while it was indeed forced on much of the tribe, several leaders were very aware of the illegality of what was happening and ultimately approved it. The leaders approved the scam with the intention of enriching themselves through predatory lending – lending that would intentionally prey upon poor people who could not afford the interest rates (Morris 2020). In fact, Wakpamni Lake Community Corporation is currently “wholly owned by the Wakpamni Lake Community government, a subsidiary municipal tribal government of the Oglala Sioux Tribe on the Pine Ridge Indian Reservation and serves as the wholly-owned economic development arm” of the community (Wakpamni Lake Community 2020). According to the Better Business Bureau (2025), WLCC does business under about 100 different names, including Arrowhead Advance, Fast Day Loans, Enableloans.com, and WLCC Lending. Several of these entities had federal RICO and other charges filed against them in the years 2021 to 2025 in several states (SEE: Marquez v. Wakpamni Lake Community Corporation et al; Banas v. WLCC Lending FDL et al; Rainey v. WLCC Lending JEM et al; Rushin v. Black Hawk Financial et al; Bridges v. Raines; Green v. WLCC II et al; Ohlemeyer v. Fast Fund Lending et al; Harris v. WLCC Lending FHC et al; Knotts v. WLCC Lending FFG d/b/a Falcon Funding Group et al) (PaceMonitor 2024), (Justia 2025), (Justia 2024), and more.

Case Point #2: The Federal Reserve of Minneapolis
What is the Federal Reserve? “The Federal Reserve Act of 1913 established the Federal Reserve System as the central bank of the United States to provide the nation with a safer, more flexible, and more stable monetary and financial system” (Board of Govs Federal Reserve 2017).

According to the Board of Governors for the Federal Reserve, (2025), “The Federal Reserve System …performs five general functions to promote the effective operation of the U.S. economy and, more generally, the public interest:

• conducts the nation’s monetary policy to promote maximum employment, stable prices, and moderate long-term interest rates in the U.S. economy;
• promotes the stability of the financial system and seeks to minimize and contain systemic risks through active monitoring and engagement in the U.S. and abroad;
• promotes the safety and soundness of individual financial institutions and monitors their impact on the financial system as a whole;
• fosters payment and settlement system safety and efficiency through services to the banking industry and the U.S. government that facilitate U.S.-dollar transactions and payments; and
• promotes consumer protection and community development through consumer-focused supervision and examination, research and analysis of emerging consumer issues and trends, community economic development activities, and the administration of consumer laws and regulations.

While economic development can be interpreted as an aspiration of the Federal Reserve, it is unclear why the Fed partners with social justice NGOs to establish their agendas.

The Federal Reserve’s Investment in Indian Country
According to Federal Reserve historian Jonathan Rose, “significant interactions between the Federal Reserve and Native American communities began in the 1990s, spurred by the Federal Reserve’s responsibilities under the Community Reinvestment Act (CRA)” (Rose 2023). Since the establishment of the CRA, “engagement between the Federal Reserve and Native American communities has expanded, “including through the creation of the Center for Indian Country Development (CIDC) at the Minneapolis Fed in 2015” (Rose 2023).

What is the Community Reinvestment Act (CRA)?
“The Community Reinvestment Act (CRA), enacted in 1977, requires the Federal Reserve and other federal banking regulators to encourage financial institutions to help meet the credit needs of the communities in which they do business, including low- and moderate-income (LMI) neighborhoods” (Board of Govs Federal Reserve 2024).
Banking Regulators for the CRA
“Three federal banking agencies, or regulators, are responsible for the CRA. Banks that have CRA obligations are supervised by one of these three regulators. Each regulator has a dedicated CRA site that provides information about the banks they oversee and those banks’ CRA ratings and Performance Evaluations” (Board of Govs Federal Reserve 2024)

• Federal Deposit Insurance Corporation (FDIC)
• Federal Reserve Board (FRB)
• Office of the Comptroller of the Currency (OCC)

Federal Reserve’s Role
“The Federal Reserve supervises state member banks–or, state-chartered banks that have applied for and been accepted to be part of the Federal Reserve System–for CRA compliance” (Board of Govs Federal Reserve 2024). To carry out its role, the Federal Reserve

• examines state member banks to evaluate and rate their performance under the CRA;
• considers banks’ CRA performance in context with other supervisory information when analyzing applications for mergers, acquisitions, and branch openings; and
• shares information about community development techniques with bankers and the public.

Who authorized the Federal Reserve to funnel money through the CIDC?
While it is unclear whether the CIDC is what the enacting laws intended, the Board of Governors has the authority to

act in its own name and through its own attorneys in enforcing any provision of this title, regulations promulgated hereunder, or any other law or regulation, or in any action, suit, or proceeding to which the Board is a party and which involves the Board’s regulation or supervision of any bank, bank holding company…or other entity, or the administration of its operations. (Board of Govs Federal Reserve 2017, (p))

The President of the Federal Reserve of Minneapolis states:

Native nations are determined to design their own futures. I’m proud that the Center for Indian Country Development, based here at the Minneapolis Fed, informs these economic development efforts through high-quality research and analysis and events that bring experts and stakeholders together. —Neel Kashkari, President, Federal Reserve Bank of Minneapolis. (Federal Reserve 2025)

Was the CRA intended to be a nation-building mechanism?
Sharing community development techniques with bankers and the public is a role that is apparently open to Board interpretation and can include promotion, advocacy and activism for change to public policy. Lofty goals are often sprinkled in with more dangerous rhetoric. The Center for Indian Country Development (CIDC) was established with the purpose of “advancing the economic self-determination and prosperity of Native nations and Indigenous communities through actionable data and research that make substantial contributions to public policy” as well as “close the data gap to inform the implementation of effective policies in Native American communities, increase the accessibility of financing and commercial credit, and optimize tribal taxation authority to raise predictable revenue for public investment” (Rose 2023).

The mission of the Federal Reserve’s CIDC goes beyond data collection and increasing commercial credit. The CIDC is involved in changing public policy and advocating for the distribution of federal funds to tribal governments. Casey Lozar, Vice President at the Federal Reserve Bank of Minneapolis and Director of the CIDC, has done policy work “to ensure that Tribal Nations are not overlooked in public finance” including “federal funding to address energy needs among Tribal Nations” (PMP 2024).

Meeting energy needs is important – which is why encouraging self-sufficiency is important. Policies to support energy could include those that encourage growth of the economy through oil production, as the Fort Belknap Reservation is doing. Economic Development could also mean encouragement of private land ownership free from the constraints of the Bureau of Indian Affairs (BIA).

Even the Fed admit that poverty within reservation boundaries is largely due to land being held “in trust” by the federal government. The Federal Reserve states that “For such land, lenders cannot execute a standard mortgage, as they cannot acquire the underlying land” (Rose 2023). However, rather than encourage the federal government to release full titles to the adults holding land allotted to them, allowing stewardship of their own property as other adults are allowed, the Fed encourages “workarounds,” such as “securing a loan by a leasehold interest or by some other type of property or revenue stream.” At the same time, the Fed concedes that “lending institutions may have to invest in learning how they can underwrite loans differently while also maintaining profitability” (Rose 2023).

Interestingly, most tribal members do not live within reservation boundaries and might benefit more from policies that assist economic development apart from the watchful eye of the BIA. The Fed states that “Statistically, 45 percent of the American Indian and Alaska Native population lives in census tracts that are low- or moderate-income, distressed, or underserved, and therefore the kind of areas that the CRA was intended to benefit” (Rose 2023). However, according to the last three U.S. censuses, over 75% of tribal members do not live within Indian Country (US Census Bureau 2000) (US Census Bureau 2010) (U.S. Census Bureau 2020). Many have left due to the high rate of crime, violence and poverty on many reservations. According to numerous reports and studies,

…types of crimes that Native Americans are likely to be victimized by include: murder, assault, drug trafficking, human trafficking, and gang violence” (Tighe, 2014) (Hyland 2014, 4). In 2014, the Center for Native American Youth had reported, “Violence, including intentional injuries, homicide and suicide, account for 75% of deaths for AI/AN youth age 12 to 20” (SAMHSA) (Center for Native American Youth 2014). The CNAY also stated, “Adolescent AI/ANs have death rates 2 to 5 times the rate of whites in the same age group (SAMHSA), resulting from higher levels of suicide and a variety of risky behaviors” (Center for Native American Youth 2014) …and… Recent research shows that while the US child mortality rate for children ages 1 to 14 has decreased by 9% since 2000, it has increased by 15% among AI/AN children (National Court Appointed Special Advocate Association) …Alcoholism mortality rates are 514% higher than the general population” (Center for Native American Youth 2014). (Morris 2019, 212)

All this to say, if it is true that 45% live in low to moderate housing – AND 75% do not live within reservation boundaries, many AI/AN are living in “areas that the CRA was intended to benefit” – OUTSIDE of reservation boundaries, where lenders CAN “execute a standard mortgage” under the same rules every other citizen benefits from.

Innovations in Financial Services and policy in Indian Country
On August 27, 2018, the Federal Reserve of Minneapolis hosted a “Native Financial Institution Gathering” on the Flathead Reservation in Montana (Federal Reserve 2018).

The director of the CICD at the Federal Reserve Bank of Minneapolis, Patrice Kunesh, moderated a panel concerning ‘Innovations in Financial Services in Indian Country” (Federal Reserve 2018). One of the invited panel participants was Kim Pate, of the newly formed NDN Collective, from the Pine Ridge Reservation in South Dakota.

Founded just months earlier in Rapid City, South Dakota, The NDN Collective is a “left-of-center Native American advocacy organization” active in environmentalist activism (InfluenceWatch 2025). The Executive Director of the Thunder Valley Community Development Corporation, Nick Tilsen, had made an announcement on February 14, 2018, that he was transitioning over the next few months to a position as the CEO and President of the newly founded NDN Collective (Greager 2018) (Trahant 2018). Information shared at the Flathead Reservation meeting concerning NDN Collective included their mission to

Build the collective power of Indigenous Peoples, communities, and Nations to exercise our inherent right to self-determination, while fostering a world that is built on a foundation of justice and equity for all people and the planet (Federal Reserve 2018).

They also shared that the vision of NDN Collective is for a “world that is just and equitable for all people and the planet,” with the theory that change will come through three ‘D’s: “Defend, Develop Decolonize” (Federal Reserve 2018).

Other moderators throughout the meeting included Charlene Herrick and Michou Kokodoko of the Federal Reserve Bank of Minneapolis, Doug Gray of the Federal Reserve Bank of Kansas City, Tesia Lemelle of the Federal Reserve Bank of Philadelphia, Nikki Pieratos of CICD, and Amanda Roberts, Federal Reserve Board of Governors” (Federal Reserve 2018). Ms. Roberts moderated a panel called “Moving to Action – Reaching Native America” (Federal Reserve 2018).

Casey Family programs, a NGO focused on “safely reducing the need for foster care in the United States” (Casey Family 2025), was one of the sponsors for the networking reception held on Flathead Lake following the meeting (Federal Reserve 2018). Critics have claimed that Casey Family achieves its goal of reducing foster care by pushing legislation that makes it more difficult to remove children from unsafe homes. It is unclear how they were involved in a meeting concerning “Innovations in Financial Services.”

CIDC serving as an intermediary to the funneling of funds to Indian Country
On February 1, 2020, Casey Lozar succeeded Patrice Kunesh as director of the CICD at the Minneapolis Fed. Director Casey Lozar announced this in his February 25, 2020, post “Moving forward in Indian Country” (Lozar 2020). In it, he stated,

Our emphasis on robust academic and applied research, or as we call it “actionable research,” brings much needed data and policy insights into the data deserts of Indian Country. Our partnerships in Indian Country tap into the collective motivation to accelerate economic and community development for tribal nations and indigenous peoples. The Bank’s commitment to Indian Country is palpable, and the energy to seek change and elevate best practices in education, homeownership, and access to capital is invigorating. …We are proud of the wide range of research we produced, the public outreach we engaged in, and the follow-up conversations that spurred collective action and policy considerations to advance our tribal communities. We are eager to amplify our efforts in 2020” …Last October, my predecessor Patrice Kunesh testified before the Senate Committee on Indian Affairs on housing and lending in Indian Country… Sen. John Hoeven (R-North Dakota) highlighted some of the core issues in his opening remarks: “The dream of homeownership is a foundational principle in any society. … However, rural and tribal communities often have a difficult time accessing credit and the ability to secure a mortgage on trust lands. (Lozar 2020)

Lozar also noted that Project manager Nikki Pieratos, formerly of the CIDC, “found new opportunities with the NDN Collective,” and Kenneth Whaley’s “article on the low-income housing tax credit program in Indian Country was recently published and supported the CICD’s testimony to the Senate Committee on Indian Affairs” (Lozar 2020).

Climate Justice Alliance
In December 2023, the Environmental Protection Agency (EPA) announced that because of the Inflation Reduction Act, $600 million in grants for 2024 would go to 11 national and regional grantmakers serving as pass-through entities. These grants were appropriated through the 2023 Environmental Justice Thriving Communities Grantmaking (EJ TCGM) Program, which was created to “reduce barriers” to the application process and (specifically) “increase the efficiency of the awards process for environmental justice grants” (CJA 2023)(NDN Collective 2024). The EPA had decided that this pass-through model would increase access to funding for small organizations by “reducing the burden of having to navigate the federal grants process as a prime recipient,” and “reduce the amount of time from application to receipt of funding” (CJA 2023). All this was to get federal money into the hands of left-leaning “environmental justice” NGOs as easily as possible.

On Dec 20, 2023, the Climate Justice Alliance (CJA) announced it had been selected by the EPA to serve as the National Grantmaker pass-through in Regions 8-10 for the EPA’s EJ TCGM program. The CJA received $50 million of the $600 million for 2024 from the EPA. The $50 million would be distributed through CJA’s United Network for Impact, Transformation, & Equity in Environmental Justice Communities (UNITE-EJ) application (CJA 2023). From there, it was said to go to community-based organizations and entities for “capacity building and projects addressing local environmental and public health issues” (CJA 2023).

The “CJA led and submitted the UNITE-EJ proposal” with the help of NDN Collective and other left leaning, federally funded groups (CJA 2023). Nick Tilsen, President and CEO of the NDN Collective stated,

The climate and environmental investments through the Inflation Reduction Act implemented over the next few years will set the groundwork for generations to come. We are excited to partner with UNITE-EJ to ensure that Native communities can access EPA grants, including through Thriving Communities, lead with vision and experience, and move policymakers, tribal governments, and grassroots communities to not only dream but also lean into sovereignty. (CJA 2023)

Case Point #3: Congressional Report: NGOs or Radical Activist Movements?

Seven months later, on July 23, 2024, the US Senate Committee on Environment & Public Works issued a Congressional report titled “Investment in Radical Activists: A Case Study on the NDN Collective – Supported by the Democrats’ Inflation Reduction Act” (EPW/Senate 2024). The report signed by Senator Shelley Moore Capito stated:

Almost two years ago, Democrats rammed through $41.5 billion in funding for the Environmental Protection Agency (EPA) as part of the so-called Inflation Reduction Act (IRA). I was very concerned. The funding totaled four times what the EPA receives through annual appropriations in a typical year, and the Democrats provided no funding to the EPA’s inspector general to oversee and audit the IRA. Democrats wrote the legislation to funnel billions to “community-based nonprofit organizations” with no accountability for how they spent taxpayer dollars. I feared that would be code for bankrolling extreme progressive environmental causes and propping up radical energy activists.

Senator Capito began work to expose “how the IRA supports groups with anti-Israel, pro ‘defund the police’ agendas” (EPW/Senate 2024). Her first conference “focused on Climate Justice Alliance, a radical group receiving $50 million in IRA funding”(EPW/Senate 2024). She then took a deeper dive into their partner, the NDN Collective. The Committee found:

The NDN Collective is an activist group that is a partner of the Climate Justice Alliance, which is being awarded $50 million in taxpayer funding from the Inflation Reduction Act. (NDN is also going to have a say in disbursing $50 million in other IRA funds.) The NDN Collective wants to dismantle bedrock institutions of the United States, and has stood firmly against Israel and in support of pro-Hamas radicals (EPW/Senate 2024).

The organization Influence Watch echoed the Commission’s finding that NDN was a partner of the Climate Justice Alliance and had received $100 million (two $50 million grants) in federal funding provided by the U.S. Environmental Protection Agency (EPA) through the IRA” (InfluenceWatch 2025). Yet, the Biden administration essential response to the oversight work was “nothing to see here” (EPW/Senate 2024). When questioned, the EPA told Fox News that the agency engaged in a “rigorous, multi-level application process” and that “[p]olitical affiliations played no role in the evaluation, scoring, and selection of Grantmakers” (EPW/Senate 2024). Nevertheless, the facts are:

(1) The Biden administration selected the NDN Collective as a partner to administer $100 million in taxpayer resources while the group was actively engaged in radical anti-American and anti-Israel advocacy;
(2) NDN’s positions are not just politically radical—they are stridently anti-American; and
(3) The Biden’s administration support for the NDN Collective as an IRA partner is not a one-off decision; the Administration has sought out the Collective as a trusted advisor throughout President Biden’s term (EPW/Senate 2024).

NDN Political demandsThe Congressional Report revealed:
1) In March 2022, NDN released a “position paper” on Palestine, “which designated Zionism as ‘a racist colonial movement’ and called on Palestinians to resist ‘against [the] colonialism and occupation’ of Israel” (EPW/Senate 2024).

2) “Following Hamas’ invasion of Israel on October 7, 2023, the NDN Collective undertook an aggressive anti-Israel campaign that continues to present day. Despite NDN’s public advocacy campaign, the EPA named the NDN Collective as a partner to two $50 million awards under the Inflation Reduction Act’s Environmental Justice Thriving Communities Grantmaking Program in December 2023” (EPW/Senate 2024).

3) On October 19, 2023, The NDN Collective defended Hamas’ “ongoing war against Israel as resistance against ‘settler colonialism’” (EPW/Senate 2024). NDN made a Ceasefire statement: “A ceasefire, and end to the U.S. funding Israel’s military, and true Palestinian land rights and liberation are a path to peace” (EPW/Senate 2024).

4) On November 4, 2023, despite numerous accounts of “widespread brutality” and “rampant sexual violence inflicted on Israeli women,” Tilsen spoke at the “National March on Washington for Palestine” and urged “revolution” against “the U.S. and Israel and cast both countries as enemies against peace and justice” (EPW/Senate 2024). He stated, “We are in struggle. Therefore, we are in REVOLUTION…. “And in this battle we will not stop no matter what” (EPW/Senate 2024).

5) On December 8, 2023, the NDN Collective “broadcast a poetry reading for Gaza’s ‘martyrs’ where participants advocated for violence against Israel and cast the U.S. as a ‘terrorist nation’” (EPW/Senate 2024). Words included:

NDN Collective political poetry

6) In December 2023, “at the United Nations annual climate conference in Dubai, the State Department invited the NDN Collective to host a panel on ‘Investing in Effective Climate Resiliency: Climate Finance for All Peoples.’ …One NDN panelist displayed her anti-Israel advocacy by donning a ‘ceasefire’ totebag, Palestinian keffiyeh, and ‘solidarity’ with Palestine necklace” (EPW/Senate 2024).

7) On December 20, 2023, the EPA named the NDN Collective “as a partner to two $50 million awards under the IRA’s Environmental Justice Thriving Communities Grantmaking Program.” Awardees were “praised by EPA Administrator Regan and Vice President Harris” (EPW/Senate 2024).

8) On December 25, 2023, the NDN Collective called for “the release of all Palestinian prisoners in Israel, —including those guilty of terrorism and the mass murder of innocent civilians.” They did not call for the release of Israeli hostages held captive in Gaza (EPW/Senate 2024).

9) In May 2024, While protests disrupted Universities across the United States, the NDN “deployed tactical media units to broadcast footage from at least five encampments—including Columbia University and Harvard University—to deny reports of anti-Semitism against Jewish students and amplify pro-Hamas narratives” (EPW/Senate 2024). The NDN Collective blogged on May 7, “Zionism, settler-colonialism, and the US are losing the narrative battle” (EPW/Senate 2024).

Long before the10/7 Attacks, the NDN had made clear their stance that the “U.S. government is illegitimate and should be resisted” (EPW/Senate 2024). “NDN Collective publications and personnel often refer to the United States as the ‘so-called United States’ and the office of President as the ‘so-called President of the United States’” (EPW/Senate 2024).

NDN Collective Statements

Additional NDN tenets:

• “The U.S. government, including the military and police, must be dismantled and abolished” (EPW/Senate 2024).
• “Israel has no right to exist and must be demolished. The NDN Collective considers its anti-Israel advocacy to be a core part of its mission.
• “The United States and Israel are twin evils that must be resisted by a united movement” (EPW/Senate 2024).
• “The NDN Collective embraces their anti-American and anti-Semitic beliefs by designating the United States and Israel as the primary source of the world’s problems” (EPW/Senate 2024). According to Tilsen, “Settler colonialism [the United States and Israel] is the biggest threat to climate [change]” (EPW/Senate 2024).
• “In March, the NDN Collective hosted a webinar that sought to unify radical far-left movements, including the anti-Semitic Palestinian Youth Movement (PYM), against the United States and Israel” (EPW/Senate 2024). Lenna Nasr of the PYM recapped the words of NDN panelists, stating, “We really see our role…to confront and dismantle Zionism wherever we find it” (EPW/Senate 2024).

NDN Collective political posterAccording to the Committees report, the NDN Collective “has advised President Biden and his administration on environmental justice issues since the former NDN Director of Policy and Advocacy Jade Begay began serving on the White House Environmental Justice Advisory Council (WHEJAC) in 2021” (EPW/Senate 2024) and held the ear of many top Biden administrative officials. In April 2023, “Biden signed an executive order positioning environmental justice at the center of his administration’s radical policy agenda” (EPW/Senate 2024). Begay has stated, “How do we decolonize something as bureaucratic as federal grants? … This is about shifting power…to change these processes and systems so that equity is at the center of how these types of grants and dollars move into our communities” (EPW/Senate 2024).

 

With a start date of October 1, 2024, and an end date of September 30, 2027, the EPA awarded the “pass-through entity,” the Minneapolis Foundation, $52,000,000.00 in federal funds under the Inflation Reduction Act (IRA) for the NDN Collective to receive and redistribute. Starting as a $40 million in grant funding, later amended to $50,000,000, the Collective claimed it would be “awarding 206 grants over the project period with 30% of awards allocated to tribes and indigenous groups, 25% to rural and remote environmental justice (EJ) communities, and 45% to urban EJ communities” (HigherGov 2025).

NDN Collective Ads

The NDN Collective would use the final $2 million for “administrative costs, hiring contractual support and other overhead.” (HigherGov 2025). A portion of the $2 million would also be allocated for “personnel to support the subawardees as project officers” (HigherGov 2025).

“The Great Lakes grantmaking program (comprised of the Minneapolis Foundation and their partner, NDN Collective)” intended to use the allocated funds to open applications during October 2024 (HigherGov 2025).

Following the congressional report and two weeks after the 2024 presidential election, on Nov 20, 2024, the Climate Justice Alliance issued a press release stating that “the EPA has yet to fulfill its financial obligations and obligate [its 2025] funds” (CJA 11 2024). The CJA then insisted that the Biden Administration and EPA “deliver on the promises of the Inflation Reduction Act and obligate remaining funds to organizations immediately” (CJA 11 2024). The CJS warned that the $50 million dollars for 2025 must be released before President Trump takes office (CJA 11 2024). KD Chavez, the new executive director of the Climate Justice Alliance, further explained:

At a time when communities will likely experience increased devastation from continued climate catastrophes, it’s important that the promise of the Inflation Reduction Act can actually be accessed by the communities that need it most.  …Withholding this funding based on what could be seen as viewpoint discrimination, would set a troubling precedent that undermines our constitutional right to free speech and would also have far-reaching implications for other advocacy organizations representing marginalized and vulnerable populations. (CJA 11 2024)

The Minneapolis Foundation
The Minneapolis Foundation also funnels federal money to social justice organizations under the pretense of public health – and partners with the NDN Collective to do it.

The Minneapolis Foundation was created to partner with nonprofits, facilitate grantmaking, drive research and advocacy, and provide services to donors. It aims to “drive collective action to realize strong, vibrant communities” and “cultivate generosity by taking action on the greatest civic, social, and economic needs” (Mpls Foundation 2024).

In the December, 2024 launch of their Great Lakes Environmental Justice Thriving Communities grantmaking program, the Minneapolis Foundation announced that “Communities in a six-state region may now apply for funding to support environmental justice and public health projects through a new grant program that opens today” (Mpls Foundation 2024). Despite the Congressional report six months earlier, the Foundation proudly announced its partnership with the NDN Collective – who it described as an organization that “creates sustainable solutions ‘on Indigenous terms,’… while fostering a world that is built on a foundation of justice and equity for all people and Mother Earth” (Mpls Foundation 2024).

According to the Foundation, the program “marks a major public investment in local communities that are too often underserved, with a particular focus on rural, urban, and Indigenous communities” using money from the U.S. Environmental Protection Agency (EPA) (Mpls Foundation 2024). The three-year program involves partnership between the Minneapolis Foundation, the NDN Collective, and two other organizations: the Midwest Environmental Justice Network (MWEJN) – a network that works to increase “impact of environmental justice… organizations based in the tribal nations; and the RE-AMP Network – a relatively inoffensive organization that works to “equitably eliminate greenhouse gas emissions in the Midwest” by “building capacity and funding efforts in rural Midwestern communities on clean energy, air and water quality, and energy efficiency,” and believing “strategy and solutions should be set for the Midwest by Midwesterners,” reflecting “the Midwest” (Mpls Foundation 2024).

The Great Lakes grantmaking program is just one of 11 regional “grantmakers” the EPA chose “to issue subgrants through its national Environmental Justice Thriving Communities program” (Mpls Foundation 2024). The Minneapolis Foundation claims that through this partnership, $40 million in grants will be distributed “to support priorities identified by local communities,” from “clean air and water,” “ensuring all residents have access to healthy food,” “workforce development and training for developing and installing clean technologies,” and “resident-led solutions to environmental justice, extreme weather, and public health challenges”(Mpls Foundation 2024). But was the money ear-marked for those specific causes? R.T. Rybak, President and CEO of the Minneapolis Foundation seemed to downplay limitations, stating, “By helping local groups get access to federal funds, we are delivering much-needed resources so that communities across the Great Lakes region… can pursue the work that matters to them” (Mpls Foundation 2024).

Importantly, the Foundation assured that the door to apply was open to Nonprofit organizations, local municipalities, tribal governments, and institutions of higher education that work in the Great Lakes region. However, no matter the response to the open door invitation, the percentage of rural communities to tribal communities, and despite RE-AMP’s assertion that “Rural communities are disproportionately affected by our society’s biggest challenges,” the partnership planned to distribute 30% of grant funding through this program to Indigenous communities, 25% to rural areas, and 45% to urban areas” (Mpls Foundation 2024). They also planned to hold some funds aside for “invitation-only, noncompetitive grants” (Mpls Foundation 2024). Tilsen added that “This program represents a major shift for Indigenous communities, which have spent years advocating for the resources necessary to create a sustainable future” (Mpls Foundation 2024).

Again, despite the Congressional report six months earlier, the EPA announced on January 15, 2025 that the Minneapolis Foundation and its partners (including NDN Collective) are taking applications for the Great Lakes Environmental Justice Thriving Communities Grantmaking Program on a “rolling basis” and “applications submitted by January 31, 2025 will be considered in the first round of reviews” (EPA 2025).

THE NDN COLLECTIVE

NDN Collective press releases identify the network as “an Indigenous-led organization dedicated to building Indigenous power. Through organizing, activism, philanthropy, grantmaking, capacity-building, and narrative change, we are creating sustainable solutions on Indigenous terms” (NDN Collective 1 2025).

In practice, the NDN Collective claims that Mount Rushmore is an “international symbol of white supremacy and racial injustice” built on stolen land (InfluenceWatch 2025). On a July 3, 2020, Tilsen was arrested for his role in a protest near Mount Rushmore prior to President Donald Trump’s Independence Day remarks. His charges included two counts of simple assault against law enforcement officers and second-degree robbery and grand theft, after Tilsen stole a shield from a member of the National Guard. Officers also testified that “Tilsen engaged in physical menacing and made threats against them, in addition to three misdemeanor offenses” (InfluenceWatch 2025). NDN Collective has also used funds to organize get-out-the-vote efforts and voter engagement drives on social media” (InfluenceWatch 2025).

In October of 2020, using a $3 million fund from a Bezos Earth Fund grant, NDN Collective launched the “Landback Campaign… aimed at giving federal lands to tribal organizations” (InfluenceWatch 2025). (Note, number one, the request was for tribal organizations – not tribal communities, and two, except for the Black Hills, most tribes settled the land question with the U.S. Indian Claims Commission over 50 years ago).

Along with demanding federal land grants, the campaign demanded the dismantling of the Bureau of Land Management, the National Park Service (NPS), Customs and Border Patrol (CBP), and Immigration and Customs Enforcement (ICE), claiming that they all support “white supremacy” (InfluenceWatch 2025).

Despite the proposed Keystone XL Pipeline route not running through any federally recognized Native American land, NDN Collective was involved in protests to stop its construction (InfluenceWatch 2025). After President Joe Biden cancelled the pipeline, NDN Collective announced that it would return to protesting “the Dakota Access and Enbridge Line 3 pipeline projects” (InfluenceWatch 2025), despite the DAPL also not encroaching on any tribal land. Interestingly, Tilsen has made no effort to shut down pipelines owned by Native Tribes, including those of Fort Bethold, less than 150 miles north of the Dakota Access line near Bismark.

Beginning in 2021, the NDN Collective started supporting anti-Israel and Palestinian-nationalists. They claimed Israel was a product of “Zionism, settler colonialism, white supremacy, and imperialism” and called for the U.S to stop providing it military aid. (InfluenceWatch 2025).

NDN Collective position statement on Palestine
In 2022, the NDN Collective published a paper by Palestinian journalist Ghassan Kanafani. In the paper, titled, “The Right of Return is Landback,”
Kanafani declared that Israel was the product of “Zionism, settler colonialism, white supremacy, and imperialism” and ends with the phrase “From the River to the Sea, Palestine will be Free,” signifying support for the eradication of Israel (InfluenceWatch 2025).

Nonetheless, the organization, Influence Watch, reports that tNDN Collective received “$2,203,226 million in contributions and grants” in 2018, its very first year of operations. In 2019, NDN Collective received $11,369,310, with “$2.5 million from the Doris Duke Charitable Foundation, $810,000 from the Surdna Foundation, and $400,000 from the Tides Foundation” (InfluenceWatch 2025).

In 2019, NDN Collective received a $12 million grant from the Bezos Earth Fund to support environmentalist activism. From this funding, NDN earmarked $9 million to disburse in separate, $100,000 grants to other Native American organizations as a part of NDN’s Self Determination Grant program. The program was meant to fund other organizations “defending native lands against the fossil fuel industry” (InfluenceWatch 2025).

“In the same year, NDN Collective received $750,000 from the Robert Wood Johnson Foundation, $550,000 from the Tides Foundation, $400,000 from the Ford Foundation, and $100,000 from the Libra Foundation. The Robert Wood Johnson Foundation also listed a $750,000 grant approved for future contributions to NDN Collective in its 2019 filings” (InfluenceWatch 2025).

NDN also received:
…$300,000 from the Rudolf Steiner Foundation by way of a grant made by the Foundation to the Thunder Valley Community Development Corporation with the purpose of supporting NDN Collective. Tilsen left the Thunder Valley Community Development Corporation in 2018 to lead NDN Collective” (InfluenceWatch 2025).

In 2020, the Bush Foundation awarded NDN Collective a $500,000 grant for a COVID-19 Response Project. NDN Collective also received a Paycheck Protection Program (PPP) loan on April 16, 2020, valued between $150,000 and $350,000” (InfluenceWatch 2025).
Propublica (2025) reports that revenue for the NDN Collective for the period of 2018-2023 totaled $21.6 million. Expenses for the five-year period were $51.1 million. Total assets were $90.8M and liabilities were $19.6 million (Propublica 2025).

NDN Partners, a for-profit organization affiliated with NDN Collective, distributed about 7 million dollars of grants to 200 organizations for NDN Collective (InfluenceWatch 2025). The Collective is a snake with several heads. While registered as a charitable organization, Nick Tilsen calls the collective a “movement infrastructure organization” (InfluenceWatch 2025) or an “NDN Ecosystem.” By the descriptions of the affiliates (Federal Reserve 2018), one wonders if the environment just a side hustle:

NDN Foundation 501(c)(3) – increasing philanthropic investment into Indigenous led organizations, communities, people, tribes, and movements working to create a world that is just and equitable for all people and the planet;
NDN Fund 501(c)(3) – increasing access to capital investments and loans for Indigenous led organizations, communities, people, tribes, and movements working to create a world that is just and equitable for all people and the planet;
NDN Partners LLC – increasing the capacity and skills of Indigenous led organizations, communities, people, tribes, and movements to utilize systems and design thinking to create pathways towards a world that is just and equitable for all people and the planet;
NDN Action 501(c)(3) – advancing the rights of Indigenous Peoples and the environment through organizing, advocating, and building Indigenous-led movements and campaigns;
NDN Action Network 501(c)(4) – advancing the rights of Indigenous Peoples and the environment through direct action, policy, and lobbying efforts” (Federal Reserve 2018).

On December 11, 2024, the NDN Collective announced that it had been selected as “an outreach partner for two regions within the Environmental Justice Thriving Communities Grantmaking Program (EJ TCGM) by the Environmental Protection Agency (EPA)” (NDN Collective 2024). They were now tasked with outreach to over 400 federally recognized tribes – and distribute “over $200 million to environmental justice communities” (NDN Collective 2024).

Davis Price, Climate Justice Initiative Director at NDN Collective, claimed this was the “…result of decades of advocacy by climate justice advocates to protect our environment and the communities directly impacted by the climate crisis,” and “This funding is urgently needed to confront environmental and public health issues in communities experiencing disproportionate burdens of environmental hazards, and will provide frontline communities with necessary support in adapting to the climate crisis.” (NDN Collective 2024). Nick Tilsen added, “NDN Collective is committed to ensuring this program is executed with its intended purpose – to provide federal resources to historically underserved communities – while continuing our own grantmaking to resource Indigenous-led solutions to the climate crisis” and “We see this program as a robust tool to protect people and the planet…” (NDN Collective 2024).

Grants were intended to support projects that “focus on issues including but not limited to” (NDN Collective 2024):

• Environmental health
• Air, soil, and water quality
• Healthy homes
• Access to healthy food
• Stormwater and green infrastructure
• Emergency preparedness and disaster resiliency
• Environmental job training

On January 22, 2025, the NDN Collective announced “Wizipan Little Elk Garriott will serve as the organization’s new president. Founder Nick Tilsen will continue to serve as CEO” (NDN Collective 1 2025). Garriott is:

Sicangu Lakota and served as the Principal Deputy Assistant Secretary – Indian Affairs in the U.S. Department of the Interior from 2021 – 2024. In this role, he served as the first assistant and principal advisor to the Assistant Secretary – Indian Affairs, in the development and interpretation of policies affecting Indian Affairs bureaus, offices, and programs. (NDN Collective 1 2025)

Garriott stated, “The opportunity to continue to work on behalf of Indian country at NDN Collective is a blessing. I’m honored to join such an amazing team driving and connecting grassroots, on-the-ground work with national movements and policies” (NDN Collective 1 2025).

On January 29, 2025, NDN released a press release stating the application period was “opened for NDN Collective’s 2025 Community Action Fund (CAF). For the past five years, this grant has supported direct action and frontline organizing across Turtle Island (North America: US, Canada, and Mexico) and related Island Nations, including Boriken/Puerto Rico, American Samoa, Guam, the Northern Mariana Islands, and the US Virgin Islands” (NDN Collective 2025). The press release stated:

The Community Action Fund (CAF) furthers Indigenous Peoples’ mobilization strategies as it relates to the defense, development, and decolonization of people and Mother Earth. This $250,000 fund is available to support such efforts in 2025, with grants up to $20,000. The CAF has provided urgent funding for efforts including Stop Cop City on Ohlone land, resisting pipelines, organizing for the release of political prisoner Leonard Peltier, protection of sacred sites, defense of lands and water, and providing resources for climate change response efforts. (NDN Collective 2025)

Tina Kuckkahn, Managing Director of NDN’s Foundation, added that with

…the escalating climate crisis displacing people across the globe – from wildfires ravaging Tongva land aka Los Angeles, to deadly floods from Turtle Island to Libya, and so much more – it is more urgent than ever to support efforts to defend our lands, waterways and peoples. The courage, fortitude and determination of our people unites us with a sense of hope and solidarity, propelling us forward in the movement during these prophetic times. (NDN Collective 2025)

Funding Canceled by the Trump Administration
On February 13, 2025, a press release from the Climate Justice Alliance announced the EPA’s cancellation of the Climate Justice Alliance Grant. Completely ignoring the revealed behavior of their partners, KD Chavez, Executive Director of CJA, declared,

The Administration continues its attacks on working class communities, rural and urban families with its announcement of the cancellation of the Climate Justice Alliance’s UNITE-EJ program grant. Unfortunately, the Biden administration failed to process these obligated funds intended to help communities facing disasters from climate change and left the decision in the hands of the Trump administration. Despite claims that this administration will protect clean water and clean air for the nation it has attacked basic protections for neglected communities from day one. (CJA 2 2025)

Chavez further claimed the UNITE-EJ program “would have channeled resources into projects that not only protect public health and safety but also create sustainable economic opportunities for jobs” (CJA 2 2025).

Conclusion

On February 28, after a month of overseeing the Department of Government Efficiency as it scoured the waste of Washington DC, Elon Musk reported on the Joe Rogan radio show:

George Soros is like a systems hacker. He has figured out how to hack the system. He is a genius at arbitrage, …He figured out that you could leverage a small amount of money to create a non-profit… then lobby the politicians to send a ton of money to that non-profit so you can take what might be …a $10 million dollar donation to a non-profit… and leverage that into a $1 billion dollar NGO.” …”Then the government continues to fund that every year, …and it will have a nice sounding name like ‘The Institute for Peace’ or something like that. But really …it’s a graft machine. (Musk 2025)

In light of what some members of Congress and the organization, Influence Watch, have uncovered concerning NDN Collective, NDN is a textbook example of what Musk is referring to.

This is the first in a series of papers discussing the breadth of corruption in Indian Country. Corruption does not help average tribal members or their families. It uses them as mere pawns in the game – with no genuine regard for well-being. As said in the introduction of this paper, “economic development in Indian Country” requires not only “the establishment of financial institutions and proper stewardship of resources,” but very importantly, it requires “proper oversight, accountability and audit.” Corruption that flows to and through tribal entities with the help of federal dollars must not only be discussed but stopped.

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Read More

References from Influence Watch
1. Action Network, “Petition to Close Mt. Rushmore and Return All Public Lands in the Black Hills to THE OCETI SAKOWIN.” accessed February 7, 2021, https://actionnetwork.org/petitions/petition-to-close-mt-rushmore-and-return-all-public-lands-in-the-black-hills-to-the-oceti-sakowin.
2. NDN Collective July 2020 Newsletter. NDN Collective. https://ndncollective.org/newsletters/july-2020-newsletter/
3. Vincent Schilling. “NDN Collective offers millions to tribes, Indigenous nonprofits, artists and entrepreneurs.” Indian Country Today. April 27, 2020. Accessed via Web Archive. Captured February 7, 2021. http://web.archive.org/web/20200508003756/https:/indiancountrytoday.com/news/ndn-collective-offers-millions-to-tribes-indigenous-nonprofits-artists-and-entrepreneurs-DZwVRkJ5b0ChDHSyhYlxig.
4. Steven Mufson, “Bezos makes first donations from $10 billion Earth Fund for fighting climate change.” Washington Post. November 16, 2020. Archived from the original February 7, 2021. Accessed February 7, 2021. http://web.archive.org/web/20210207131336if_/https://www.washingtonpost.com/climate-environment/2020/11/16/bezos-climate-grants/
5. “Right of Return is Landback.” NDN Collective. Accessed December 5, 2024. https://ndncollective.org/right-of-return-is-landback/.
6. “NDN Collective Calls for Cease Fire, End of Military Aid to Israel.” NDN Collective. October 19, 2023. Accessed December 5, 2024. https://ndncollective.org/ndn-collective-calls-for-cease-fire-end-of-military-aid-to-israel/.
7. Michael Kavate. “Native American Activists Make Gains, but Philanthropy ‘Continues to Scratch the Surface.’” Inside Philanthropy. Accessed via Web Archive. Archived July 7, 2020. http://web.archive.org/web/20200728183601/https://www.insidephilanthropy.com/home/2020/7/28/native-american-activists-make-gains-but-philanthropy-continues-to-scratch-the-surface.
8. KOTA Staff. “NDN Collective gets awarded $12M from Jeff Bezos.” KOTA TV. November 26, 2020. Accessed February 7, 2021. https://www.kotatv.com/2020/11/26/ndn-collective-gets-awarded-12m-from-jeff-bezos/.
9. Arielle Zionts. “Mount Rushmore protest leader charged with two felonies.” Rapid City Journal. July 6, 2020. https://rapidcityjournal.com/news/local/crime-and-courts/mount-rushmore-protest-leader-charged-with-two-felonies/article_363e00b2-3a22-5de9-937f-2c518d3c5b6d.html.
10. Action Network, “Petition to Close Mt. Rushmore and Return All Public Lands in the Black Hills to THE OCETI SAKOWIN.” Accessed February 7, 2021. https://actionnetwork.org/petitions/petition-to-close-mt-rushmore-and-return-all-public-lands-in-the-black-hills-to-the-oceti-sakowin.
11. NDN Collective July 2020 Newsletter. NDN Collective. https://ndncollective.org/newsletters/july-2020-newsletter/.
12. NDN Collective June 2020 Newsletter. https://ndncollective.org/newsletters/june-2020-newsletter/.
13. Nick Tilsen. “Our Voices Won’t Be Silenced.” NDN Collective. April 12, 2019. Accessed via Web Archive. Captured November 28, 2020. http://web.archive.org/web/20201128212155/https://ndncollective.org/our-voices-wont-be-silenced-fighting-the-sd-riot-boosting-act-and-the-keystone-xl-pipeline/.
14. Arielle Zionts. “South Dakotans show mixed reactions to halting oil pipeline.” Rapid City Journal. February 1, 2021. https://www.wral.com/south-dakotans-show-mixed-reactions-to-halting-oil-pipeline/19494470/?version=amp.
15. Stuart Huntington. “Doubling Down on Native Values.” Indian Country Today. November 25, 2020. Accessed February 7, 2021, https://indiancountrytoday.com/news/doubling-down-on-native-values-45uW-FHqq0GecLZIhH4leg.
16. Landback Campaign Manifesto. Accessed from Web Archive. Febaruary 8, 2020. https://landback.org/manifesto/
17. “NDN Collective Responds to Inauguration of President Joe Biden.” NDN Collective Press Release. January 21, 2021. https://ndncollective.org/ndn-collective-responds-to-inauguration-of-president-joe-biden/.
18. “Investment in Radical Activists: A Case Study on the NDN Collective Supported by the Democrats’ Inflation Reduction Act.” U.S. Senate Committee on Environment & Public Works. Accessed December 5, 2024. https://www.epw.senate.gov/public/_cache/files/c/f/cf21df85-56ef-404c-a484-dc4f71c2ae39/AA62FE480253EB01FA71B5BC32EC0A89.ndn-collective-final-report-epw-committee-7-23-2024.pdf.
19. “NDN Collective.” Twitter. December 25, 2023. Accessed December 5, 2024. https://x.com/ndncollective/status/1739270120541692086.
20. “Nick Tilsen.” NDN Collective, January 26, 2021. https://ndncollective.org/people/nick-Tilsen/.
21. “Nick Tilsen.” Thunder Valley CDC. Accessed February 18, 2021. https://thundervalley.org/learn-more/our-team/nick-Tilsen.
22. Arielle Zionts. “Tilsen Case Heading to Trial after Judge Finds Probable Cause.” Rapid City Journal Media Group. last modified October 1, 2020. Accessed February 7, 2021. https://rapidcityjournal.com/news/local/crime-and-courts/Tilsen-case-heading-to-trial-after-judge-finds-probable-cause/article_df671a98-7c24-5503-8381-9c218e69828b.html.
23. Grant Pritchett. “Tilsen’s defense seeks training, pre-deployment materials in July 3 protest near Mt. Rushmore.” Rapid City Journal. December 18, 2020. Accessed February 7, 2021. https://rapidcityjournal.com/news/local/crime-and-courts/Tilsens-defense-seeks-training-pre-deployment-materials-in-july-3-protest-near-mt-rushmore/article_0820746b-bfdf-5965-8c11-583b01265bb0.html.
24. “Kim Pate.” NDN Collective, January 26, 2021. https://ndncollective.org/people/kim-pate/.
25. “Board of Directors.” NDN Collective. Accessed February 18, 2021. https://ndncollective.org/groups/board-of-directors/.
26. “Jade Begay.” NDN Collective. Accessed December 5, 2024. https://www.linkedin.com/in/jadebegay/.
27. NDN Collective, Return of an Organization Exempt from Income Tax (Form 990), 2019, Part I, Line 8. https://pdf.guidestar.org/PDF_Images/2019/823/776/2019-823776329-17224955-9.pdf.
28. Doris Duke Charitable Foundation, Inc., Return of a Private Foundation (Form 990-PF), 2019, Attachment 17, Page 10 of 26.
29. The Surdna Foundation, Inc. Return of a Private Foundation (Form 990-PF), 2018, Part XV.
30. Tides Foundation, Return of Organization Exempt from Income Tax (Form 990), 2018, Schedule I, Part II.
31. Rudolf Steiner Foundation, Return of an Organization Exempt from Income Tax (Form 990), 2018, Schedule I, Part II.
32. Mark Trahant. “Nick Tilsen Steps Down as CEO of Thunder Valley Corp to Lead NDN Collective.” Indian Country Today. March 20, 2018. https://indiancountrytoday.com/news/nick-Tilsen-steps-down-as-ceo-of-thunder-valley-corp-to-lead-ndn-collective-eHJ8HVHPLEalh0oK5yUqzQ.
33. Steven Mufson. “Bezos makes first donations from $10 billion Earth Fund for fighting climate change.” Washington Post. November 16, 2020. Archived from the original February 7, 2021. Accessed February 7, 2021. http://web.archive.org/web/20210207131336if_/https://www.washingtonpost.com/climate-environment/2020/11/16/bezos-climate-grants/.
34. Stuart Huntington. “Doubling Down on Native Values.” Indian Country Today. November 25, 2020, accessed February 7, 2021. https://indiancountrytoday.com/news/doubling-down-on-native-values-45uW-FHqq0GecLZIhH4leg.
35. Robert Wood Johnson Foundation, Return of a Private Foundation (Form 990-PF), 2019, Part XV.
36. Tides Foundation, Return of Organization Exempt from Income Tax (Form 990), 2019, Schedule I, Part II.
37. Ford Foundation, Return of a Private Foundation (Form 990-PF), 2019, Part XV.
38. The Libra Foundation, Return of a Private Foundation (Form 990-PF), 2019, Part XV.
39. Robert Wood Johnson Foundation, Return of a Private Foundation (Form 990-PF), 2019, Part XV – Contributions Approved for Future Payment.
40. “Grant for NDN Collective.” Bush Foundation. Accessed February 8, 2021. https://www.bushfoundation.org/grantees/2020-ndn-collective.
41. “NDN Collective, Inc.” Coronavirus Bailouts. ProPublica. Accessed February 8, 2021. https://projects.propublica.org/coronavirus/bailouts/loans/ndn-collective-inc-0d2b01ebb068c0b3215a64baf1b57b50.
42. Vincent Schilling. “NDN Collective offers millions to tribes, Indigenous nonprofits, artists, and entrepreneurs.” Indian Country Today. April 20, 2020. https://indiancountrytoday.com/news/ndn-collective-offers-millions-to-tribes-indigenous-nonprofits-artists-and-entrepreneurs-DZwVRkJ5b0ChDHSyhYlxig.
43. Request for Information from Qualified Vendors for Support Services. NDN Collective. PDF Document. Accessed February 8, 2020. https://ndncollective-org.nyc3.cdn.digitaloceanspaces.com/app/uploads/2020/04/COVID-RFI-SM.pdf.
44. The NDN COVID-19 Response Project. “Phase I Completed.” NDN Collective. Accessed February 8, 20201. https://ndncollective.org/covid-19/.
45. NDN Press Release. “NDN Collective Awards $4.5 million in grants to 105 Indigenous-led projects for transition & resilience.” NDN Collective. December 16, 2020. Accessed via Web Archive. February 8, 2021. http://web.archive.org/web/20210208164007/https://ndncollective.org/ndn-collective-awards-4-5-million-in-grants-to-105-indigenous-led-projects-for-transition-resilience/.
46. “NDN Foundation.” Cause IQ Organizational Profile. Accessed February 8, 2021. https://www.causeiq.com/organizations/ndn-foundation,832724212/.
47. NDN Collective June 2020 Newsletter. NDN Collective. https://ndncollective.org/newsletters/june-2020-newsletter/.
48. NDN Collective November 2020 Newsletter. NDN Collective. https://ndncollective.org/newsletters/november-2020-newsletter/.
49. “NDN Fund.” Cause IQ Organization Profile. Accessed February 8, 2021. https://www.causeiq.com/organizations/ndn-fund,832763481/.
50. “NDN Action.” Cause IQ Organizational Profile. Accessed February 8, 2021. https://www.causeiq.com/organizations/ndn-fund,832763481/.
51. “NDN Action Network.” Cause IQ Organizational Profile. Accessed February 6, 2021. https://www.causeiq.com/organizations/ndn-fund,832763481/.

 

Wiley Files Amicus Brief in High-Profile Supreme Court Case on Behalf of Christian Alliance for Indian Child Welfare and Former ICWA Children and Families

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Oct 172021
 

October 11, 2021

Washington, DC – Wiley, a preeminent DC law firm, submitted an amicus brief to the U.S. Supreme Court on behalf of the Christian Alliance for Indian Child Welfare in Brackeen v. Haaland. The brief was filed in support of adoptive families and states in this high-profile case, which urges the Court to review a Fifth Circuit decision involving the rights of Native American children and their families under the Indian Child Welfare Act of 1978 (ICWA). The brief was joined by seven individual signatories who are former ICWA children or are parents to ICWA children, all of whom have been harmed by ICWA.

Wiley partner Stephen J. Obermeier and associate Krystal B. Swendsboe, who authored the amicus brief, are members of the firm’s Issues and Appeals Practice and are representing the nonprofit Alliance on a pro bono basis.

The case, which stems from a child-custody dispute, addresses the harm suffered by Indian children and their families as a result of ICWA – such as the denial of the full range of rights and protections of the federal and state constitutions to the petitioners when subjected to tribal jurisdiction under the ICWA.

“For nearly fifty years, ICWA has imposed race-based classifications on Indian children and their families – a clear violation of Equal Protection – and has caused horrendous individual suffering as a result,” Obermeier and Swendsboe explained in the Alliance’s brief.

As noted in the brief, this case raises particularly significant issues for Alliance because its members are birth parents, birth relatives, foster parents, and adoptive parents of children with varying amounts of Indian ancestry, as well as tribal members, individuals with tribal heritage, or former ICWA children – all of whom have seen or experienced the tragic consequences of applying ICWA’s race-based distinctions. The brief includes, as examples, stories from the individual amicus signatories who have been harmed by ICWA’s race-based distinctions and discriminatory placement preferences.

In addition to violating the U.S. Constitution’s Equal Protection Clause, the ICWA exceeds the authority granted to Congress under the Indian Commerce Clause, according to the amicus brief.

Congress “may not exercise power over family and custody matters under the guise of regulating commerce with Indian Tribes,” the brief argued. “ICWA, therefore, exceeds Congress’s power to regulate commerce, as it is entirely unrelated to commerce and intrudes on noncommercial subjects belonging entirely to the states.”

https://www.wiley.law/pressrelease-Wiley-Files-Amicus-Brief-in-High-Profile-Supreme-Court-Case-on-Behalf-of-Christian-Alliance-for-Indian-Child-Welfare-and-Former-ICWA-Children-and-Families

Letter to Federal Agency re: Missing and Murdered Native Americans

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Oct 092020
 
dyinginindiancountry.com/

Re: Administration for Children and Families Missing and Murdered Native
Americans Framework

Dear Assistant Secretary Johnson:

We are writing in response to your request for comments on the Administration for Children and Families (ACF) Missing and Murdered Native Americans (MMNA) Framework.

The Christian Alliance for Indian Child Welfare is a Christian ministry and family advocacy dedicated to the safety and welfare of children and families affected by federal Indian policy.

Your framework states that the crisis is a result of the insufficiency of programs meant to target the housing, lack of employment, mental and physical health care, nutrition, and education of tribal members. We believe the problem does not lie in the insufficiency of government programs or funding. There is already too much of both. We believe the problem lies in not recognizing and addressing the root of the crisis. In fact, this crisis might not benefit from intervention by the ACF, a social service agency, at all.

CAICW holds that all United States citizens are individually guaranteed a personal and distinct right to life, liberty, and property, and that no government on earth can remove those rights. We welcome a federal administration that views citizens who are eligible to be tribal members as individuals with separate and unique visions and needs, not as property of a tribal government or as a caricature of who authoritarians claim them to be.

(1) The level of crime and alcohol/drug abuse condoned in many reservation communities has direct correlation to the health and safety of women and children.

Required to address the crisis:

(1) Provisions to control crime and drugs.
a. This tends to get lost in a focus on the “background” or “underlying” public health conditions; and
b. Trying to put everything under the rubric of public health leads to treating the issues indirectly rather than directly, implying as it does that people need treatment rather than protection.

(2) Provisions to address corruption of leadership on many reservations
a. This is rarely addressed by the federal government.
b. This is vital, as leadership affects the temperament of a community. Further, there are cases in which leadership themselves are complicit to abuses – as public testimony showed at a Spirit Lake town hall meeting in February 2013 and in witness testimony to the House Subcommittee on Indian, Insular and Alaska Native Affairs in June 2014.

(3) Provision for protection of women and children:
a. Tribal governments need to partner with proven organizations (such as Operation Underground Rescue, Veterans for Child Rescue, and others) to combat sex trafficking on reservations. These organizations have toolkits already to go, as well as resources to conduct operations to rescue victims. All they need is an ok and request from a tribal entity to partner with them.

b. REQUIRE ALL EMPLOYEES in tribal governments, police, social services, schools, courts and hospitals and ANY PROGRAMMING RELATED TO CHILDREN’S AND WOMEN’S ACTIVITIES to pass strict background checks. Anyone with any record related to domestic or sexual abuse should not be allowed to serve in these positions. Permanently fire any employee convicted of domestic or sexual abuse of any person.

c. Set up a National hotline/safehouse mechanism so that tribal victims can report abuse without fear of retribution from their community or corrupt state entities that are partnering with tribes. This hotline should not be run by the federal, state, or tribal governments or agencies and organizations beholden to them. It should be a system that uses groups mentioned in action item #1. Funding these groups would allow them to set up regional outposts that can quickly and effectively rescue and provide victim services.

d. Provide a mechanism for victims to emancipate themselves from their tribal community if they so choose.

Lastly, government at all levels needs to stop using tax dollars to fix problems created by earlier tax dollars. Government has viewed tribal families (and all other families) as wards of the state. This view was established in the 1930’s by Felix Cohen and the Roosevelt administration and has proven nothing but disastrous. The federal government implemented programs and appropriated funds that created dependency and destroyed personal responsibility and the role of parents. Government agencies then implemented more programs and appropriated more funds for yet more bureaucracy in attempt to address the problems created by the first wave of programs and funding. Each layer of additional programs and bureaucracy has only added to the crisis – never solving anything – as evidenced by the last 90 years of increasing crises in Indian Country under the Roosevelt era policies.

The ACF’s proposed framework calls for even more government funding and bureaucracy to solve what government funding and bureaucracy created in the first place, and throws in additional grants for programs such as Native American Language Preservation and Maintenance – which has no relevance in the crisis of Missing and Murdered Native Americans.

Governments–and government bureaucrats–do not make good parents. Intact families, with fathers who understand and honor their God ordained role as guide, protector, and provider — are the surest defense against having missing and murdered Americans.

Sincerely,

Elizabeth Morris
Chairwoman
Christian Alliance for Indian Child Welfare
administrator@caicw.org

About the Author:

Elizabeth Morris is the administrator of the ‘Christian Alliance for Indian Child Welfare’ – a national non-profit she and her husband, a member of the Minnesota Chippewa tribe, founded in 2004. Ms. Morris has been writing, lobbying, and advocating on issues related to federal Indian policy since 1995 and is currently working on her PhD in Public Policy: Social Policy at Liberty University.

Ms. Morris was also a Commissioner on the congressional ‘Alyce Spotted Bear and Walter Soboleff Commission on Native Children.’ After holding several hearings in regions across the country, the Commission submitted its Final Report and Ms. Morris submitted her Minority Report to Congress in February 2024.

Ms. Morris earned her Bachelor of Science, Interdisciplinary Studies: Government and Policy, Communication, and Health Science magna cum laude in August 2016 and her Master of Arts in Public Policy with Distinction in July 2019, both at Liberty University. Her Master Thesis is titled: ‘The Philosophical Underpinnings and Negative Consequences of the Indian Child Welfare Act.’

Ms. Morris also holds a Bachelor of Arts in Christian Ministries; an Associate of Science (Registered Nurse), a Diploma of Bible & Missions, and is the author of the book, ‘Dying in Indian Country.’

CAICW.org
X.com/CAICW
Facebook.com/CAICW.org
Linkedin.com/in/elizabethsharonmorris/

Lloyd Omdahl: No demonstrations for Native Americans

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Sep 082020
 
Reveals result of tribal government corruption

[CAICW Note: While Mr. Omdahl is correct concerning the extent of corruption, protest demonstrations by Native Americans will NOT make a difference. This was already done for many years and included occupations of Alcatraz, Wounded Knee and the BIA building in DC. All that these protests did was cause the death of several people and give certain powerful tribal leaders even more power through underhanded corruption involving federal officials – resulting in increased tribal corruption, oppression and abuse of tribal members. The protests did NOT improve quality of life for a large number of tribal members. In fact, things have only gotten worse.
… What needs to happen is for Americans across the board to demand a genuine end to federal sanction, encouragement and empowerment of tribal government corruption.]

Written By: Lloyd Omdahl | Jun 17th 2020

Native Americans in North Dakota have been experiencing the same discrimination as the African Americans now demonstrating across America.

Hundreds of North Dakotas went to the streets to support African Americans even though we have only a few in the state. It was a demonstration of compassion worthy of the state.

In North Dakota, we shouldn’t think about the suffering of minorities without remembering that we have hundreds of Native Americans with grievances to redress.

In their recent demonstrations, the African Americans were fortunate in that they have been able to focus on a problem that was clearly identified. When it comes to Native Americans, our exploitation and their needs are general, making them difficult to rally societal support.

American Indians in North Dakota are faced with crisis living from the cradle to the grave. Their longevity is years behind whites; their educational system is second class; they experience chronic health problems; they are ill-prepared for off-reservation jobs.

And tribal councils fester with corruption, some highly paid and drawing double salaries, first as council members and second as economic development board members, or casino board members, or any other board that can be utilized. As they are feasting at the trough, their constituents are suffering all of the ailments of a Third World country.

If State Auditor Joshua Gallion was ever allowed on the reservation to identify the corruption in tribal operations, he would never be seen again. He would find at least 50 irregularities on each of the four reservations.

Patronage is still a big problem. Doreen Yellow Bird of the Fort Berthold Reservation once mourned about the rampant nepotism on reservations: “Employing people who support them allows leaders to stay in tribal government positions. Nepotism is hobbling program directors and law enforcement officers.”

And there is a worse kind of patronage in the form of foster care payments, patronage that has ended up with the deaths of several children in the past few years, one just weeks ago.

The problem involves the Indian Child Welfare Act that requires that foster children be returned to the tribe even though white foster parents have provided them with education, medical care and love that would not be available on the reservation.

And why would the tribe exercise the option of demanding children back? Why, Cousin George or Aunt Isabell needs the monthly stipend that goes with foster children. So children get passed around as patronage.

Writing in the Washington Post, the highly respected George F. Will called it “the blood stained Indian Child Welfare Act,” citing the case of a Methodist minister in Bismarck having to give up Indian foster children on the demand of the Spirit Lake Sioux, only to have one of them killed when a grandparent threw the child down an embankment.

Reservations are a curse for Native Americans who are not a part of the ruling cliqués. They are run like Central American republics, with the largesse consumed by a few at the top, and constituents who have little to say about tribal living.

All of the white man’s treaties should have been printed on toilet paper so they could have served some useful purpose. The promises were never kept. The most relevant one today is the assurance that the federal government would provide health care. Despite the chronic ailments suffered by Indians, federal health care was underfunded from the start.

Through the years, we have had study commissions, investigations, meetings with governors and senators, but nothing much has happened. To really solve problems will require money, and there will be no money until Native Americans can deliver huge demonstrations.

In the meantime, discrimination and deprivation on reservations will continue.

READ MORE: https://www.inforum.com/opinion/6538262-Omdahl-No-demonstrations-for-Native-Americans

Lloyd Omdahl is a political scientist and former North Dakota lieutenant governor. His column appears Sundays.

Senator Hoeven and Senate Committee push “historic levels of funding for Indian country in Phase III Coronavirus response”

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Apr 022020
 
Washington DC

While all communities are in need of support during this unprecedented world crisis, when reading the numbers below, note the amount of money given to federal agencies – not to communities, and the number of redundant programs within those agencies.

Remember as well, individual tribal members will be receiving the same $1200 all eligible citizens will receive, and are able to access county and state resources as citizens.

According to a March 26, 2020 Press Release from the Senate Committee on Indian Affairs;

Senator John Hoeven (R-ND), Chairman of the Senate Committee on Indian Affairs, today released the following statement after the United States Senate passed the Coronavirus Aid, Relief, and Economic Security (CARES) Act, the third phase of legislation to address coronavirus response and mitigation efforts across the country, including American Indian and Alaska Native communities.

“We worked hard to secure necessary resources to help Tribes combat the coronavirus outbreak,” said Hoeven. “This legislation delivers important resources for Indian Tribes to help health care providers, small businesses, schools, communities, and individuals mitigate the impact of COVID-19 in tribal communities.”

The CARES Act includes a number provisions for Indian Tribes, such as:

– $8 billion in the Tribal Stabilization Fund to provide emergency relief to tribal governments and offset costs incurred by Indian Tribes due to the COVID-19 pandemic.
– Ensuring that Indian Tribes and their businesses are eligible for the $454 billion loan guarantee funds and $349 billion under the U.S Small Business Administration (SBA) Loan 7(a) Program.
– $1.032 billion for Indian Health Service (IHS) for coronavirus response efforts, including treatment and preventing the spread of COVID-19 on tribal lands.
– $100 million for USDA’s Food Distribution Program on Indian Reservations.
– $453 million for Bureau of Indian Affairs (BIA) Public Safety and Law Enforcement.
– $327 million for Bureau of Indian Education (BIE) and Tribal Colleges and Universities (TCUs).
– $305 million for Indian Housing Programs at the Department of Housing and Urban Development (HUD).

This bill will now move to the U.S. House of Representatives for further consideration.

DETAILED SUMMARY OF TRIBAL PROVISIONS

U.S. Department of Treasury Tribal Stabilization Fund — Section 601 provides $8 billion in emergency relief funds to Indian Tribes. These funds will be available to tribal governments who certify that the funds will be used to offset expenditures incurred due to the COVID-19 outbreak. In consultation with the Bureau of Indian Affairs, these funds will be disbursed by the Secretary of Treasury.
U.S. Small Business Administration Loan 7(a) Program — Section 1102 makes tribal businesses and tribal government owned businesses eligible for the $349 billion loan guarantee program. Additionally, $265 million has been secured for the education, training, and advising of small businesses in dealing with COVID-19.
U.S. Department of Treasury’s Loans and Guarantee Loans — Section 4002 makes Indian Tribes, and their businesses, eligible for the $454 billion loan guarantee fund.
U.S. Department of Education and the Bureau of Indian Education schools clarification — Section 3511 clarifies that all Bureau of Indian Education schools, including contract and grant schools, are eligible to receive certain U.S. Department of Education waivers due to COVID-19.
Special Diabetes Program for Indians — Section 3832 reauthorizes the SDPI Program to the end of November 2020.
Native Inclusion of Education and Training Relating to Geriatrics — Section 753 awards grants to support the training of health care professionals who treat elderly Native Americans. $40.7 million was authorized in the Act for these grants to eligible entities, including those who prioritize serving older adults in Indian Tribes and tribal organizations.

The legislation also provided supplemental funding to help tribal communities respond to the COVID-19, including:

  • U.S. Department of Agriculture
    1. $100 million for the Food Distribution Program on Indian Reservations
    2. $50 million for Facility Upgrades
    3. $50 million for Additional Food Purchases
  • U.S. Department of the Interior
    1. $453 million for Bureau of Indian Affairs, including Public Safety & Justice, to address COVID-19 on tribal lands
    2. $69 million for Bureau of Indian Education (BIE), of which no less than $20 million is for Tribal Colleges and Universities (TCUs)
  • U.S. Department of Education
    1. $153.8 million for BIE schools
    2. $105 million for Institutions of Higher Education, which includes Tribal Colleges and Universities funding
  • U.S. Department of Health and Human Services
    1. Of the $1.032 billion in funding, the IHS resources will be allocated for:
    1. Up to $65 million for Electronic Health Record Stabilization
    2. Not less than $450 million for Tribal shares and contracts with Urban Indian Organizations
    3. Up to $125 million may be transferred to and merged with the “Indian Health Service, Indian Health Facilities” account
    4. All remaining funds are to be used at the discretion of the Director of the Indian Health Service
  • $15 million for Substance Abuse & Mental Health Services Administration Health Surveillance and Program Support for Indian Tribes
  • $15 million for Indian Tribes to utilize the Office of the Assistant Secretary for Preparedness & Response’s Public Health and Social Services Emergency Fund
  • $1.5 billion for Centers for Disease Control and Prevention (CDC) grants and cooperative agreements of which Indian Tribes, Tribal Organizations, and Urban Indian Organizations are eligible to apply
  • $125 million for CDC coronavirus funding directly to Indian Tribes, Tribal Organizations, and Urban Indian Organizations
  • U.S. Department of Housing and Urban Development
    1. $200 million for the Indian Housing Block Grant Program
    2. $100 million for Indian Community Development Block Grant Program
    3. $5 million for Office of Public and Indian Housing
  • U.S. Department of Commerce
    1. $300 million for assistance to Tribal subsistence, commercial, and charter fisheries affected by COVID-19.

The total increase in the supplemental appropriations funding is $2.692 billion, with more available through competitive grants along with state and local governments, bringing total resources to $10.314 billion for Indian Tribes.

https://www.indian.senate.gov/news/press-release/hoeven-us-senate-passes-historic-levels-funding-indian-country-phase-iii

We will NOT be Intimidated – Send your Testimony for the Commission on Native Children

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Apr 012020
 
Phoenix Arizona

I never use alcohol or drugs – not in decades anyway – and have no intention of starting. While I struggle with ADD – which can definitely make situations more adventurous if not challenging – it hasn’t stopped me from ultimately doing what I need to.

If anyone wants a fuller listing of my faults, they can find them in the book ‘Dying in Indian Country.’ There are plenty of faults in there – (https://dyinginindiancountry.com/ ).

I have a job to finish with ICWA and fully intend to do so.

In fact – following recent events and the dishonest manipulations those events exposed – I have renewed motivation. We cannot leave our families at the mercy of those bent on political agendas, greed and/or personal power.

I have had less time to work with CAICW over the last five years or so because I was in school, working on my Master of Arts: Public Policy, then began my doctorate.

I had also toned down my work over the last three years because I had been nominated to the Commission on Native Children and was advised not to rock boats for a little while.

Well…“a little while” is done. I will no longer remain ‘toned down.’

As some of you know, we have filed Amicus briefs in the Brackeen case. With the Brackeen case and others along the pipes, we might see an end to this horrid law within a couple years. Praise God.

I have also published my Master thesis – which, at 350 pages, is a wealth of documented history from colonial times as well as legislative history and case law concerning various aspects of Indian law. You might be surprised by some of the facts that came out of that research.

“The Philosophical Underpinnings and Negative Consequences of the Indian Child Welfare Act”
https://digitalcommons.liberty.edu/masters/591/

Further, there is the Commission on Native Children. I hope each and every one of you will SUBMIT TESTIMONY.

When you consider the testimony you will be sending to the Commission on Native Children – form it as the message you know CONGRESS needs to hear.

We need genuine talk from genuine people about the best interest of their children, grandchildren, nieces, nephews, siblings, students, foster children, playmates, neighbors, “2nd Cousin’s girlfriend’s grandma’s nieces”… anyone that has anything at all to say. We need to know: What things genuinely helped the children to grow – and which things did not.

We especially need testimony from young adults that have tribal heritage – explaining what they felt helped or hurt them.

The testimony from tribal entities and their supporters, which the writers of the final report will focus on and play up, is that participation in tribal programs, tribal services, language immersion, etc, are the only way our children can be healthy and happy.

To prevent Congress from continuing to sign the lives of our children over to these tribal entities, we need Congress to accept that there is a full range of possibilities for our children – not just the politically-favored viewpoint. If the other options and experiences are not mentioned to the Commission, they won’t be included in the data as acceptable and effective avenues of healthy growth for the children.

One does not need to mention tribal programs if tribal programs haven’t been a part of that child’s experience. That is fine. One could elaborate on what the child HAS experienced as a normal part of growing up. For example – how high school sports impacted a child, or learning jazz dance, or participation in school plays, or an interest in gardening, raising sheep, playing the harp, or the child’s relationship with the church or a particular school teacher.

However, it is also important to mention experiences that were detrimental to health and growth – including whether tribal programs or services were harmful. It is very important to include those experiences if the child has had them. Congress needs to accept that this has been a reality for many, many children.

Did the above make sense? For more information, including where to send your testimony – read this post on CAICW’S blog…

https://caicw.org/2020/03/13/tell-congress-how-to-best-meet-the-needs-of-native-children/?fbclid=IwAR2WTqWCQyNB4nRsldDmjvcRV0_puANlE-9I86M4ZR10cz0M2-wu7VPJFnY

Tell Congress How to Best Meet the Needs of Native Children

 Comments Off on Tell Congress How to Best Meet the Needs of Native Children
Mar 132020
 
Little girl on trike

The Alyce Spotted Bear and Walter Soboleff Commission on Native Children (also known as the congressional Commission on Native Children, or CNC) wants to hear your experience as a child with tribal heritage – OR – raising children who have tribal heritage. Too often, Commissions such as this have heard from only one segment of the population. However, this Commission – which is tasked by Congress to identify new strategies for lasting solutions and report back to them – wants to hear from ALL who have experience – no matter the relationship. Everyone matters.

– If you are an individual with tribal heritage – what were some of the most beneficial experiences you had growing up? What programs, entities, or individuals helped your growth most? Which experiences were most hurtful or destructive? Again, you can do this anonymously if you choose.

– If you are a parent, grandparent, other relative or foster/adoptive parent who is eligible for membership in a federal tribe but prefer to raise your child outside of the reservation system, please let the Commission know why. Your testimony can be anonymous and will help them to understand tribal members who choose not to be under tribal jurisdiction, as well as help them to assess whether living outside of government programs is beneficial to children.

– If you are a parent, grandparent, extended relative, or adoptive parent who is NOT eligible for membership, YOUR TESTIMONY IS JUST AS RELEVANT AND VITAL.

Has any government – federal, state, tribal or county – attempted to interfere with your

  • chosen worldview?
  • relationship with your extended family/parents/child/children, or
  • method of raising children

If so – how has this affected the well-being of child/children involved?

~

HOW TO SEND

Written testimony is to be given just as much weight as oral testimony and CAN be anonymous.

To send signed testimony identifying you and/or the child – Send your testimony directly to the Commission at: asbwsnc@gmail.com

See near the bottom of the page for how to submit testimony anonymously.

~

WHAT TO SEND

“The Commission will focus its recommendations on solutions to issues that would improve the health, safety, and well-being of Native children, including: child welfare; physical, mental, and behavioral health; educational and vocational opportunities; school district policies and practices; access to cultural and extracurricular activities; juvenile justice; early education and development; wraparound services for Native children.”

It is important to tell your child’s story. Your honest opinion about any of what is described above is important. The Commission needs to know your observations and experience – good or bad. They won’t know the full spectrum of experiences if they continually hear only from the same sources.

Also – if your child has struggles in certain areas, let the Commission know why you think that might be and what methods have been used to try to resolve it.

One federal program, the Administration of Children and Families (ACF), has a budget of about 50 billion and “awards on the average $647 Million to Native Americans through programs like Head Start… TANF, LIHEAP,…and the Administration for Native Americans, to name a few.” Have any of ACF programs benefited your child? Why or why not? Which government programs have helped? Which have hurt?

If your child is doing well physically, emotionally, academically, and/or spiritually – let the Commission know and tell them which factors you believe helped your child attain that well-being. Was there a close relationship that inspired them? A particular tribal, federal, school or church program? – OR no program at all – just stable, loving home life? If so, the Commission NEEDS to know this.

If a Commission hears only from Social Service professionals who continually say ALL Native Children suffer from (fill in the blank) and All NEED a certain social service program to get better… than that is what they will decide needs to be done. If the Commission is not able to obtain alternate data, it will rely on the data social services, organizations and agencies give it.
If you have a different story – please tell it. If the best outcome for a child is in a stable and loving home setting, independent of government programs, the Commission needs to know this.

All the below suggested topics are OPTIONAL. We are putting them here merely to generate thought concerning current federal Indian policy.

You could choose to include any other issue related to your child that you feel needs addressing, including any words or phrases commonly used by governments or organizations when referring to children of heritage that you feel diminish your child.

These are some of the words, phrases and sentences found in the legislation enacting the Commission or providing data to the Commission. What are the thoughts and inferences behind those words? Do they paint a correct or incorrect perception of your child? Are they truthful or paternalistic and condescending? Do they promote children or protect victim-hood? Do you feel ‘triggered’ by any of the words and inferences made by government agents and policies, or do they seem correct to you?

  • “The Wrongs We Are Doing Native American Children,”
  • “The protective role of Native American culture and language”
  • “Complex program requirements and limited resources stymie efforts to reduce the disparities among Native children.”
  • “Acts of Self-Determination Foster Strong Native Families and Communities”
  • “Native Language Holds Culture, Culture Holds Language, and Both Hold Wellness”
  • “Stakeholders” (when referring to a selective group that you don’t believe includes you)
  • Data on all “Native children” is required “to see how well children are cared for” and that the “rights of children and families are adhered to.”
  • ICWA “protects the best interest of the Indian Child and promotes the stability and security of Indian tribes and families.”
  • “Part of ensuring the safety and security of American Indian and Alaska Native (AI/AN) children is having basic data collected that provides information on their circumstances.”
  • Under the AFCARS Rule, agencies can collect and keep “information on children who are not enrolled.”
  • They will examine the “unique challenges Native children face”
  • They will build “on the strengths and leadership of Native communities, with the goal of developing a sustainable system that delivers wrap-around services to Native children.”
  • “Resources and supports for Native children are currently inappropriate, insufficient, or limited by bureaucracy so that they are ineffective.”
  • “The vision of Native children and youth who are resilient, safe, healthy, and secure requires many types of evidence, including a wide range of evaluation data, descriptive research studies, performance measures, innovative practice models, financial and cost data, survey statistics, and analyses of program administrative data; all contributing to shared strengths-focused narratives relevant and useful to tribal leadership and stakeholders.”

OPTIONAL Adoption/Foster care Questions: [Wording is pulled from the conclusions of a 1998 pilot study report]
1. Does placing American Indian children in foster/adoptive non-Indian homes puts them at great risk for experiencing psychological trauma leading to the development of long-term emotional and psychological problems in later life?
2. Are there unique factors of Indian children being placed in non-Indian homes that create damaging effects in the later lives of the children?
3. Do American Indians have a cognitive process different from non-Indians – a cognitive difference in the way Indian children receive, process, integrate and apply new information—in short, a difference in learning style”?
a. Is the difference in learning style a cognitive difference in race, a familial difference, an issue unique to your child, or a symptom of fetal alcohol effects?
4. Are the ties between Indian children and their birth families and culture extremely strong, and the ties between Indian children and non-Indian foster/adoptee families only “foster parent-tie-to-Indian child, not Indian child-ties-to-foster parent?”
5. Do American Indian adults who were adopted into non-Indian families as children have greater problems with self-identity, self-esteem, and inter-personal relationships than do their peers from non-Indian and Indian homes?
6. Do Indian adoptees, regardless of age at placement, list identity with their family and their tribe as their first priority, and the sorrow of not knowing their culture, language, heritage and family as a life-long, often emotionally debilitating anguish?

Encourage as many people as possible to send in their testimony. There has been a long history of misinformation concerning children who have heritage, and it will take the stories of quite a few people to begin to correct the mind-view of government agencies.

~

TO PROVIDE ANONYMOUS TESTIMONY TO THE COMMISSION:

For the Commission to receive anonymous testimony, signed testimony must be given to a trusted CNC Commissioner who will then verify it, remove identifying data, and deliver as anonymous to the full Commission. Elizabeth Morris, chair of CAICW, is a CNC Commissioner.
Elizabeth will keep your signed copy in a protected file and deliver the anonymous copy to the Commission.

You can submit your testimony to Elizabeth Morris at:
administrator@caicw.org

or mail through USPO to:
PO Box 460, Hillsboro, ND 58045

Other Commissioners of the Alyce Spotted Bear and Walter Soboleff Commission on Native
Children
who can receive signed testimony and provide an anonymous copy to the Commission are:

Gloria O’Neill (Chair)
President/CEO, Cook Inlet Tribal Council, Inc.
Alaska

Tami DeCoteau, Ph.D. (Co-Chair)
DeCoteau Trauma-Informed Care & Practice, PLLC
North Dakota

Carlyle Begay
Former State Senator
Arizona

Dolores Subia BigFoot, Ph.D.
Director, Indian Country Child Trauma Center
Oklahoma

Jesse Delmar
Director, Navajo Nation Division of Public Safety
Arizona

Anita Fineday
Managing Director, Indian Child Welfare Program, Casey Family Programs
Minnesota

Don Atqaqsaq Gray
Board Member, Ukpeagvik Inupiat Corporation
Alaska

Leander R. McDonald, Ph. D.
President, United Tribes Technical College
North Dakota

Elizabeth (Lisa) Morris
Administrator, Christian Alliance for Indian Child Welfare
North Dakota

Melody Staebner
Fargo/West Fargo Indian Education Coordinator
North Dakota

Lawmakers Pressure U.S. Indian Health Service to Release Sex Abuse Report

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Feb 252020
 
Stanley Patrick Weber

By Dan Frosch and Christopher Weaver
Updated Feb. 24, 2020 8:03 pm ET

Lawmakers who oversee the U.S. Indian Health Service are demanding the health care agency release a report on its mishandling of a pedophile doctor that it wants to keep confidential, saying the agency must be held accountable.

On Monday, Sen. Tom Udall, (D., N.M.), vice chairman of the Senate Committee on Indian Affairs, said in a statement that the IHS ran the risk of an “appearance of a desire to avoid accountability” if it didn’t disclose “as much of the report as is possible, as soon as possible.” The report focused on the IHS’s failure to protect children during the nearly 30-year-career of staff pediatrician, Stanley Patrick Weber, who was later convicted of sexually abusing Native American boys.

Also on Monday, Sen. Steve Daines (R., Mont.), in a letter to Alex Azar, the secretary of the Department of Health and Human Services, which includes the IHS, wrote: “I am concerned over the lack of transparency with this report, and I strongly urge you to make this report public.”

The IHS commissioned the independent investigation last May, months after The Wall Street Journal and the PBS series Frontline jointly reported that IHS employees ignored warnings about Weber’s abuse of Native American boys for years and shuffled him from one reservation to another despite suspicions.

Last week, the agency said it wouldn’t release the report prepared by contractor Integritas Creative Solutions LLC, because it considered its findings confidential under a 2010 law. That stance prompted anger from victims’ families, former employees and tribal officials.

Mr. Udall said that IHS, which provides health care to about 2.6 million Native Americans, needed to provide a detailed justification to Congress of any legal barriers it was using to keep the report confidential.

Mr. Daines said the agency could release the report but make “appropriate redactions” to protect the privacy of patients and Weber’s victims.

The IHS said it is committed to transparency and is following the law in keeping the report confidential. “Staff are encouraged to participate in these reviews and to be as transparent as possible with the understanding that the goal is to improve the system, not to take punitive action,” the agency said.

The IHS also said it would release a report to Congressional committees overseeing the agency with certain redactions “as soon as possible.”

Other lawmakers joined Messrs. Udall and Daines in urging more transparency from the IHS after its contractor completed the report last month.

“Montanans, and all Americans, expect accountability from their government, perhaps no more so than when a government agency has deeply failed the people it is intended to serve,” said Sen. Jon Tester (D., Mont.), in a statement.

READ MORE – https://www.wsj.com/articles/lawmakers-pressure-u-s-indian-health-service-to-release-sex-abuse-report-11582586359?mod=hp_lista_pos3

(Video) The Implications of Native American Heritage on U.S. Constitutional Protections

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Apr 142017
 
child abuse

Three-yr-old Lauryn Whiteshield was murdered a little over a month after her arrival to her grandfather’s home in the spring of 2013.
This twenty minute video examines the effect of federal Indian policy on the lives, liberty, and property of U.S. citizens across America.
Although the last two U.S censuses show that 75% of tribal members do not live within Indian Country and many have never had any association with the reservation system, federal policies mandate tribal government jurisdiction over individuals of lineage in several areas.
1) Across America, children who have never been near a reservation nor involved in tribal customs – including multi-racial children with extremely minimal blood quantum – have been removed from homes they love and placed with strangers. Some children have been severely hurt in the process.
2) Women victimized by violence can be denied the option of county court, regardless whether they believe justice cannot be obtained in tribal court.
3) Further, the Department of Interior holds title to the property of millions of individual tribal members. Adult citizens are not allowed to sell or use their property as collateral without permission.
This study looks at the practical impact and documented repercussions of policies that, based solely on a person’s lineage, set limitations on what they may do with their lives, children, and property.

Please share this with your friends.

PLEASE also share with YOUR Congressmen. MANY of them take a stand on all kinds of things – from orphans in Russia to immigrants and refugees from overseas. DEMAND that they take a strong stand for children in the United States – CITIZENS subject to abuse by a law they – Congress – created and MUST remove.

Most especially – share your thoughts on this video with the Chairman of the Senate Committee on Indian Affairs – Senator John Hoeven.

Find your State’s Senator and Congressmen here:
https://www.senate.gov/
https://www.house.gov/

Thank you – and PLEASE Share….

Learn More.

https://DyingInIndianCountry.com

https://www.facebook.com/CAICW.org/

Spirit Lake plans to take the twin sister of murdered Laurynn

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Mar 012017
 
https://caicw.org

3-yr-old Laurynn and her twin, Michaela, were thrown down an embankment. The woman caring for her – their grandfather’s wife – then told her children to go down and beat them senseless. They did. When they were done, both girls were alive, but Laurynn was “not right.” Her eyes were funny.

Following the beating that day in June 2013, the family took the twins home, gave them a bath, and put them to bed. Sometime later that night, lying on the bed next to her twin, Laurynn died.

3-yr-old Michaela was the first to see her sister dead. She remembers waking up and finding her (in her words) “blue, and gray.” She also still remembers the beatings. It had happened more than once.

But she has forgotten the actual people she was living with. They are mercifully gone from her memory.

She hasn’t had to see them for three years. She was thankfully allowed to return to an off-reservation foster home she and her sister had lived in the first two years of their lives – where they both had felt safe and loved. We will call this the “Loved Home.”

They had only lived in their grandfather’s house a few weeks. In May 2013, they were taken from the “Loved Home” they had lived in since they were babies, and – despite Spirit Lake services being under the oversight of the BIA and US Attorney Tim Purdon – were placed with their grandfather and his wife – who had her own children removed from her in prior years due to neglect and child abuse.

Let this sink in. Under the oversight of federal gov’t agencies, the twins were removed from a safe and loving home they had lived in for over two years and were placed with a woman known to be physically abusive.

Let us also remember why the BIA and US Attorney Tim Purdon were asked to be there, doing oversight at Spirit Lake. It is because so many children were being abused, raped, and murdered, that tribal elders (NOT the tribal council) were very upset and ASKED the federal gov’t to come help.

The child abuse came to a head after a little boy and his sister were both raped and had their throats slit. Nothing had been done about their murders for over a year.

That is why tribal elders asked the BIA to take over tribal social services and law enforcement. That is why US Attorney Tim Purdon and the FBI were supposed to do oversight. All this was already in place when it was decided to take the twins from the Loved Home and put them into a dangerous home.

Spirit Lake Town Meeting, February , 2013
Had Tim Purdon and others done their jobs, perhaps Lauryn would still be alive today. Had he and others listened to tribal members at a February 2013 town-hall meeting, where tribal members made it very clear to Tim Purdon, the tribal council, the BIA and Congressional representatives that things are very, very bad at Spirit Lake and they want SOMEONE to take real action – perhaps Lauryn would still be alive today.

Instead, Tim Purdon basically accused the membership of exaggerating, accused former ACF Director Tom Sullivan of lying about the child abuse, and went on doing nothing to stop the child abuse. The Tribal Council also ignored the pleas of the membership.

Initially, after Laurynn died, the Spirit Lake government decided to keep Michaela on the reservation. Despite the trauma of the beatings and murder, tribal social services ignored the request of the Loved Home to resume care of Michaela, and moved her to another house she was unfamiliar with. The Loved Home was told they would never get her back.

Fortunately, the tribal govt soon changed its mind and quietly allowed her to return to the Loved Home.

But that isn’t the end of the story. Three years later – (meaning at this time) – tribal social service has returned and is intent on moving Michaela to live with her birth mother, whom she barely knows. While mom might have genuine feelings for her daughter, she tested positive for drugs on the day she showed up for a recent visit – one of the first visits in a long time.

I normally never get involved in a situation unless directly asked by a parent, primary caregiver, or close extended family.

I was not given any of the intimate details concerning Michaela by the Loved Home. I have never been to the Loved Home. I have never met anyone who lives at the Loved Home. I was never asked to get involved by anyone at the Loved Home.

There are many people – in more than one community – who know what is going on, including tribal employees who worked at Spirit Lake at the time of Laurynn’s murder. Lots of people want Michaela to be left alone, untouched by the Spirit Lake tribal government.

I know these details to be accurate but will not say how I know. I am doing this – and will continue fighting for Michaela using her real name – because this is the most horrendous thing I have ever heard a tribal government do to a child.

Michaela is terrified of going back to Spirit Lake. Michaela wants to stay at the Loving Home. What caring person in their right mind would find that surprising? She woke up next to her murdered sister, after enduring weeks of abuse together.

The Loving Home has been the only home she has ever felt safe in – and she has lived there most of her 6-years. Only extremely cold, emotionally disconnected hearts empowered by dysfunctional social service policy could ever even dream of moving her from there.

Self-interest and narcissism at its worst.

PLEASE –
– SHARE this post with your friends
– CALL your Senators and Congressmen and ask them to write a letter to the Spirit Lake Tribal Chair respectfully asking her to ensure everything is done in Michaela’s best interest.

– Please especially contact the new Chair of the Senate Committee on Indian Affairs – Senator John Hoeven –

Hoeven, John – (R – ND)
338 Russell Senate Office Building Washington DC 20510
(202) 224-2551
Contact: www.hoeven.senate.gov/public/index.cfm/email-the-senator

– FURTHER – ask your Senators and Congressmen to introduce legislation to clarify the Indian Child Welfare Act – so that NO child ever again goes through what Michaela has gone through and is still going through. Please INSIST this stops. Please insist to your Congressmen that Michaela Whiteshield be left alone, as she wishes to be, permanently – and INSIST the law be changed to make the protection of children a priority over politics.

Find the contact information for your Congressmen at

http://Senate.gov
http://House.gov

BTW – Tim Purdon resigned as US Attorney a couple years ago in order to work for tribal leaders in the Dakotas.

– Maybe ask your Congressmen to have Purdon’s activities investigated as well.

Apr 082016
 
BIA Issues Devastating ‘Anti-Family’ ICWA Rules

I speak not only as the Chair of a national non-profit advocating for the rights of families who have chosen their own political affiliations and disengaged from Indian Country, but as the birth mother and grandmother of enrollable citizens.

As many of you know, on Monday, March 21, 2016, a 6-year-old girl of 1/64 Choctaw ancestry was taken crying from her home by social services, placed in a car, and driven to another state.

To date, her removal has caused the biggest reaction from America as dozens from within her community gathered around her home in prayer – and then personally witnessed her removal in tears. Hundreds of thousands more watched video clips of the event online and cried with them, knowing this little girl – who is not Indian in the eyes of most Americans – was removed from her home solely because of the Indian Child Welfare Act.

Many Americans already knew that our paternalistic federal Indian policy has been hurting tribal members. But in witnessing the pain of a child such as 6-yr-old Lexi, America awakened to the truth that federal Indian policy is hurting citizens of all heritages. What most Americans still don’t know is the extent of hurt. They don’t know there are dozens of children across the country right now facing the same situation Lexi faced – if not worse. In fact, the Cherokee Nation alone has admitted it has over 100 attorney’s targeting over a thousand children across the nation.

ICWA has been around long enough for a generation of children victimized by this law to have grown up. Some former ICWA children are speaking out – saying that due to the forced transfers, they unfortunately grew to hate the reservation. This is the opposite of the purported intent of the law – but should have been expected given the way so many children have been treated under it.

After all – our children are NOT chattel and children of tribal ancestry are NOT cookie-cutter replicas of each other. Nor are they any different from any other child in the United States when ripped from the ones they love.

This should be common sense, but for some reason, a large number of people are willing to believe racist rhetoric to the contrary. Unfortunately, many of those people are within federal government and have control over federal Indian policy.

America – as we all know – is angry with the lack of common sense in our federal government. We are angry over rouge and corrupt bureaucracies, mismanaged funds, lack of protection for U.S. citizens, and inaction by Congress – all of which are evident in the BIA, HHS and DOJ’s protection of tribal sovereignty over the rights and needs of children.

These federal agencies were at the NICWA conference in St. Paul, Minnesota this first weekend in April – celebrating a Memorandum of Understanding between the agencies to enforce the ICWA against our families as well as the formation of a national database on our children which would identify them as property of a tribal government should anything happen to us – their parents. We have tried to bring this process to your attention several times in 2015, but to this date, no one has stopped it.

How many more Lexi’s must be hurt before Congress moves to protect our children from the insanity?

  • On December 3, 2014, U.S Attorney General Eric Holder vowed to give permanent jurisdiction of multi-racial children across the nation to Tribal Governments. In reference to the Indian Child Welfare Act, he stated,

    “…We are partnering with the Departments of the Interior and Health and Human Services to make sure that all the tools available to the federal government are used to promote compliance with this important law.” And “… because of the foundation we’ve built – no matter who sits in the Oval Office, or who serves as Attorney General of the United States, America’s renewed and reinforced commitment to upholding these promises will be unwavering and unchangeable; powerful and permanent.”

  • The BIA is on the verge of implementing new ICWA rules making it almost impossible for dissident enrollable parents to protect their children from tribal governments. https://www.federalregister.gov/articles/2015/03/20/2015-06371/regulations-for-state-courts-and-agencies-in-indian-child-custody-proceedings
  • The ACF under the HHS has recently proposed a rule (https://www.federalregister.gov/articles/2016/04/07/2016-07920/adoption-and-foster-care-analysis-and-reporting-system ) that would place our children on a national database. Our children are NOT chattel for tribal governments and DC officials – and should not be monitored on a database based on an aspect of their heritage. U.S. citizens have a right to choose or refuse political affiliation – as well as protect their children from forced political affiliation based on racist mandates.
  • Principal Deputy Assistant Attorney General Sam Hirsch spoke at the NICWA conference in St. Paul this last weekend and reiterated Attorney General Holder’s threat concerning permanent control over our children and grandchildren. He stated,

    “… To this end, the three departments represented here today have been engaged in extensive interagency collaboration to promote compliance with ICWA. We’ve been talking at all levels – from staff on the ground and in the regions, to the folks on this stage, to our bosses – about how we can creatively use the authorities and resources that each of our agency has to assess and promote compliance with this important federal law. And we’ve taken steps to make sure that this effort lasts beyond our time, by formalizing the agreement to continue this interagency collaboration. Just this past week, our three agencies signed a Memorandum of Understanding, in which we commit to work together on these issues, and in particular, to regularly meet as an interagency workgroup.”

  • Director of Tribal Justice, Tracy Toulou has told us directly on several occasions over the last 15 years that the U.S. Department of Justice is to protect tribal governments, not individual citizens.
  • The DOJ appears to have looked the other way when the Cherokee Nation refused to allow a father to voluntarily relinquish his membership and that of his daughter. (in Matter of M.K.T., C.D.T. and S.A.W., 2016 OK 4.) …This – while tribal governments continually claim their right to discriminate is due to political affiliation, not race.

Our Federal government has literally made the decision to protect tribal sovereignty at all cost – even at the cost of our children.

Many families of heritage, knowing the rate of child abuse, crime, and even murder on their reservations, have in the last few decades moved away from Indian Country. According to the last two U.S censuses, 75% of persons eligible for tribal membership do not live in “Indian Country.” As more families left, tribal leaders – panicked by declining membership – pushed Congress for increased control over children of heritage.

This includes children who are multi-heritage – with one of their parents being totally non-tribal, children who have never been near Indian Country, and even children whose only connection is one dissident great-grandparent who purposefully left the reservation system decades ago. All that matters to the federal government is whether the tribe itself believes the child is enrollable. Individual citizens are being robbed of choice – forced into affiliation based on heritage.

Some tribal governments, as evidenced by the proposed BIA rules and the NICWA conference in St. Paul, demand complete control over our children. Some have been extreme enough to refuse to allow the kids to live in foster homes off the reservation – even if there is no safe home available on the reservation.

Documentation of this abounds. There have been at least two federal studies/hearings held on abuse within Indian Country in the last three years. Regional Director for the Administration of Children and Families, Mr. Tom Sullivan has also documented the resultant placement of children into homes of known child abusers and sex offenders. There have also been known deaths of children after having been placed in dangerous homes.

Mr. Sullivan reported this multiple times to his DC superiors, who told him to cease reporting it, and when he refused, recently began the process of firing him.

Again, America is fed up with officials who don’t do what they were hired to do. Mr. Sullivan is one man who was honestly attempting to do what he was hired to do – protect the children in Indian Country – and he is on the verge of losing his job because of it.

Despite documented deaths of children and mass exodus from Indian Country, Federal government consistently looks the other way while tribal leaders claim to speak for everyone – asking Congress for additional funds and increased control over our children. We understand it is easier to look the other way. But that’s not what we want from our government.

America is angry with DC’s ‘business as usual” and the lack of common sense.

The bottom line is, tribal leaders, NICWA, NARF, the NAIC and Casey Foundation do NOT speak for every person of heritage, nor do they know what is best for every individual child of heritage – no matter whether that child is 100% or 1%. Despite claims of looking out for youth, the reality is tribal leaders have a vested financial interest in maintaining control over our children.

Our Congressmen need to put children before politics.

  • Rescind the Indian Child Welfare Act – which will then do away with the need for draconian rules by federal agencies.
  • Protect an honest and brave public servant – whistle-blower Tom Sullivan.
  • Finally – end the practice of funding tribal governments based on enrollment. Stop putting a price on our children’s heads. – Recognize that treaties did NOT promise everlasting funding. In most cases, treaties promised funding for only twenty years. If the demand is that treaties be upheld – then uphold the twenty-year limit.

Crime and corruption didn’t end just because Jack Abramoff went to prison. Crime and corruption are never made better and can never be made better by giving those responsible for the crime and corruption more money and power.

SEXUAL ABUSE OF CHILDREN – Endemic on Many of our U.S. Indian Reservations –

 Comments Off on SEXUAL ABUSE OF CHILDREN – Endemic on Many of our U.S. Indian Reservations –
Nov 162015
 
Spirit Lake Town Meeting, February , 2013

On Nov 22, 2013, Mr. Martin, below, senior aide to Senator Cantwell, made several disparaging remarks concerning ACF Regional Administrator, Thomas Sullivan.

In a rant, Mr. Martin said Mr. Sullivan no longer had his job, Mr. Sullivan lied about his mandated reports, and a hearing would prove the lie. Mr. Martin also accused me of “cherry picking” tragedies within Indian Country and said Spirit Lake is a story on its own.

However, THAT SAME DAY, I was forwarded the email at the bottom of this note. It is an email from ACF Regional Director Tom Sullivan to his superiors. It is timed stamped just three hours after my meeting with Mr. Martin. When shown the letter, Mr. Martin apologized.

Despite Mr. Martin’s claim in his apology below, he did know who Mr. Sullivan was – as he interrupted me with an exclamation before I had even finished introducing Mr. Sullivan to the conversation. ie: I was in the middle of saying, “Tom Sullivan, Regional Director of the… ” when Mr. Martin cut me off with his initial disparaging statement.

At any rate – we do need to continue to share Mr. Sullivan’s letter with as many as possible. Most importantly, we need to share it with the new chair of the House Government Affairs committee – ie “Oversight committee” – The Honorable Chairman Jason Chaffetz of Utah.

Mr. Sullivan has repeatedly reported that the ACF, BIA, FBI and US attorney have not been doing their jobs at Spirit Lake and other reservations. They are allowing tragedy to occur despite the pleas of the people living there. We do need our government to investigate Mr. Sullivan’s claims and the claims of others on reservations across our nation. We want that hearing Mr. Martin suggested.

Yet – two years later, a thorough hearing has not happened and the problems remain – again swept under the rug.

We need friends from every state to contact their Congressional offices as well as their own State Senators and Representatives, and ask for an investigation of Mr. Sullivan’s horrific claims.


Further — IF YOU HAVE PERSONAL STORIES CONCERNING SEXUAL AND PHYSICAL ABUSE THAT HAS BEEN IGNORED BY FEDERAL AND TRIBAL OFFICIALS – PLEASE REPORT YOUR STORY TO –

Report.ToOGR@mail.house.gov

~ PLEASE SHARE THIS WITH YOUR FRIENDS.

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———- Forwarded message ———-
From: “Elizabeth Morris”
Date: Nov 22, 2013 10:16 AM
Subject: Re: Mr. Tom Sullivan’s email concerning Spirit Lake
To: “Martin, Kenneth (Indian Affairs)”
Cc: “Thompson, Mariah (Indian Affairs)”

Thank you for your note, Mr. Martin. I appreciate it.I hope you will also concede at some point that we are not “cherry picking.” It is time to admit the depth of what is happening on many reservations. No more playing politics with the lives of a vulnerable community – let alone vulnerable children.

My sisters-in-law, brothers-in-law, nieces, nephews – at the very least – are worth much more than that, (if I can speak personally. It is after all, for personal reasons that my husband and I began this work in the first place.)

But I will not stop with just our extended family. Too many people have come asking for help.

We insist that the facts Mr. Sullivan and others have presented be acted upon.

Thank you again for your response.

—————

On Fri, Nov 22, 2013 at 8:31 AM, Martin, Kenneth (Indian Affairs) wrote:
Ms. Morris,

Thank you for the email. I apologize as I must have misspoke, as I have no information on the issues surrounding Mr. Sullivan and did not intend to insinuate otherwise. Thank you for the opportunity to clarify.

Kenneth Martin

—————-

From: Elizabeth Morris [mailto:administrator@caicw.org]
Sent: Thursday, November 21, 2013 8:15 PM
To: Thompson, Mariah (Indian Affairs); Martin, Kenneth (Indian Affairs)
Subject: Mr. Tom Sullivan’s email concerning Spirit Lake
Ms. Thompson and Mr. Martin

Shortly after our conversation concerning Mr. Tom Sullivan of the ACF, I received this email. It appears to address some of the very issues we had discussed.

Mr. Martin, you had suggested that a hearing would prove Mr. Sullivan had lied. I wonder if it might come to that.

I would appreciate your comments concerning the below. Thanks –

—————————————-

Begin forwarded message:

From: “Sullivan, Thomas (ACF)”
Date: November 21, 2013 1:45:05 PM EST
To: “Mcmullen, Marrianne (ACF)”
Cc: “Chang, Joo Yeun (ACF)” , “McCauley, Mike (ACF)” , “Greenberg, Mark (ACF)”
Subject: Spirit Lake

Marrianne:

In the early evening of October 21, 2013, CNN broadcast a detailed and substantive report entitled “Sex Abuse Rampant on Indian Reservation” about the epidemic of child sexual abuse on the Spirit Lake Reservation. That broadcast ran a little more than 6 months after former Acting Assistant Secretary Sheldon’s April 15, 2013 letter to me prohibiting me, in my official capacity as Denver Regional Administrator for the Administration for Children and Families (ACF), from filing any more Mandated Reports about child sexual abuse at Spirit Lake. Since that policy applied only to me, I believed it was retaliatory and discriminatory.

Your refusal to announce this new policy with any of the other 1500 ACF employees across this country is a clear signal to me that I have been singled out for this retaliatory and discriminatory action which, because of your silence, continues to this very day.

Your continuing exclusion of me from any participation in efforts to address the problems at Spirit Lake is further evidence of retaliation and discrimination.

Mr. Sheldon’s letter to me was accompanied by letters to the BIA’s Ms. Settles and US Attorney Purdon. Unlike his letter to me, his letters to them were full of high praise for their efforts in addressing the epidemic of child sexual abuse at Spirit Lake..

Since I had no contact with Mr. Sheldon after October 11, 2012 and since at that time he had made clear his displeasure with my Mandated Reports, and since I had responded to that displeasure with extensive factual documentation of conditions at Spirit Lake, I was surprised by his letter to me. His unqualified endorsement of the efforts of Ms. Settles and Mr. Purdon was and still is shocking, lacking, as it did, any factual basis for the high praise heaped on them. This contrasted sharply with the factual detail provided in my Mandated Reports.

Believing that Mr. Sheldon must have had some factual basis for the position detailed in his letters to Ms. Settles and Mr. Purdon, I have asked twice for those facts. None have been provided. My emails have been ignored by both you and Mr. Sheldon. I can only presume there are no facts available to justify your position.

My sources have been complaining to Tribal, state and federal agency leadership for more than five years about conditions at Spirit Lake and the maltreatment of children there. Their complaints have been ignored and continue to be ignored. Their documentation unread and then shredded.

I have filed 13 Mandated Reports. All have been ignored or characterized as rumors or exaggerations by Tribal, state, BIA, DOJ as well as other federal agencies. Facts and truth mean little to those charged with defending both the status quo at Spirit Lake and themselves. More importantly the safety of abused American Indian children at Spirit Lake appears to have meant even less. As a result of their misleading puffery more than 100 children remain in the full time care and custody of sexual predators available to be raped daily.

On September 23, 2013, I sent an email to Mr. Sheldon concerning the situation with a young suicidal boy who had fled his foster home. You responded that “Marilyn Kennerson is working with the BIA and tribe to make sure all appropriate measures are being taken to assure this child’s safety.” My sources inform me that nothing has changed for this young boy.

Claims have been made that every allegation in my Mandated Reports have been investigated. Many of my sources say otherwise because they have not been interviewed by anyone in law enforcement. This claim becomes even harder to believe when the US Attorney for North Dakota has indicted, sought a plea deal or prosecuted only one case of child sexual abuse originating on the Spirit Lake Reservation in the last 25 months. I have been told by experienced child protection workers from Spirit Lake that in a typical year there are, on average, 50 cases of child sexual abuse reported, investigated, confirmed and referred for prosecution. Why has the US Attorney prosecuted only one case of child sexual abuse from Spirit Lake in the last 25 months, a case where the actual sexual abuse occurred between 2007 – 2009. Just learned the US Attorney for North Dakota has filed one more charge of child sexual abuse in the last few days, doubling his numbers for the prior 24 months.

Law enforcement at every level at Spirit Lake, including the FBI, BIA, Tribal police and the US Attorney have allowed the Tribal Council to determine which criminal activities will be investigated and prosecuted. For confirmation of this fact please review the last page of the Spirit Lake Tribal Council Meeting Minutes for September 27, 2013, attached for your convenience.

The apparent unwillingness of government at any level to protect the children at Spirit Lake from abuse creates the impression there is a large, unannounced experiment being conducted at Spirit Lake to determine what harm, if any, would be done to abused children who are returned to the care of either their abusive biological parents or abusive foster parents before these parents have completed their court-ordered rehabilitation therapy. But in order for such an experiment to be conducted there would have to be a rigorous research design, with control groups, opportunities for informed consent and extensive data collection. No such safeguards are apparent but children continue to be placed with abusive adults. How strange, all we have is abused children being returned to abusive parents with none of the other elements required for a legitimate research project. Why is such experimentation on these children being tolerated?

Certainly, no one can claim the hypothesis that abused children can be returned to their abusive homes without harm to those children has been proven. Who is responsible for attempting to prove it at Spirit Lake?

A perfect example of this experimentation and the Tribal Council’s control of criminal investigation and prosecution at Spirit Lake is the Tribal Court order from 5 – 6 months ago returning to a biological mother her children even though she has been charged with and convicted in Tribal Court of sexual abuse of her children – she was discovered by police in bed having sex with a male friend while all her children, one of them totally naked, were in the same bed.

The biological mom lives with her children’s grandfather. The children were recently evaluated at the Red River Advocacy Center (RRAC) and it was determined that two of the girls, ages 6 and 7, were being sexually abused by that very same grandfather. The recommendation of the RRAC was that these children were “not to be left alone with the grandfather”. There is a young teenage son in this family who attempted suicide three times before his 14th birthday. The grandfather who has never been charged or prosecuted for his criminal sexual assaults on his granddaughters is the uncle of a Tribal Council member. There is no indication that anyone from law enforcement has launched an investigation of the grandfather’s alleged sexual abuse. It is likely that Council Member would oppose any Council Motion to refer this situation for criminal investigation of his uncle.

The father of these children has petitioned Tribal Court to assume custody. I understand his petitions have been routinely dismissed even though he is ready, able and willing to assume responsibility for his children, caring for them in a safe home. The mother of these children is an enrolled Tribal member. Their father is not.

Conducting an assessment at this point after more than five years of complaints from my sources and after my 13 Mandated Reports seems to simply delay the desperately needed corrective action to get those 100 children to safety. As one of my sources recently wrote, “…when will the government realize we are serious about this….kids are being raped and nobody in law enforcement gives a damn”.

Natalie Stites, an enrolled member of the Cheyenne River Sioux Tribe, and former Project Coordinator in the Attorney General’s office on the Rosebud Reservation writing in LastRealIndians.com in December, 2011 speaks words that need to be considered here, “There are thousands of Lakota, Dakota and Nakota children experiencing abuse and neglect….. Over a third of women raped today were sexually assaulted as children. Sadly all too often abused and neglected children become perpetrators themselves as adolescents and as adults……..There are many complex reasons for the conditions facing the children today: lack of compassion, colonization, epigenetics, grief, violence, the feminization of poverty, the school-to-prison pipeline, organized sexual abuse, unemployment, mental illness, addiction, racism, cultural oppression. These are the roots of our current situation…………….

However, try explaining this to the 5 year old boy who hasn’t eaten a meal in two days, or a beaten 8 year old girl caring for an infant and a toddler like she’s the parent, or a 15 year old youth who faces and eventually joins his addicted parents and the drunken strangers they bring home to party every night. Try explaining to these children why family members, social workers, policy makers, police, courts, schools, health care providers cannot protect them, even after their own parents fail them, or abandon them, or hurt them. Who takes responsibility for this? We must.”

When will we take responsibility?

After your assessment? How long will that take?

How many more months will the Tribe allow this experimentation with their children to continue?

Have a great Thanksgiving.

Thomas F. Sullivan
Regional Administrator, ACF, Denver

———————————————-

From: Mcmullen, Marrianne (ACF)
Sent: Friday, November 01, 2013 6:22 AM
To: Sullivan, Thomas (ACF)
Cc: Chang, Joo Yeun (ACF/ACYF) (ACF); McCauley, Mike (ACF)
Subject: Spirit Lake
Good morning Tom: Attached and below is a memo about ACF’s work on Spirit Lake moving forward.

Tom, as a courtesy based on your expressed interest in matters at Spirit Lake, I wanted to let you know that Children’s Bureau has been actively working with the Spirit Lake tribe on improving their child protection services.

Currently, the National Resource Center for Child Protective Services, funded by CB, is conducting an assessment of Spirit Lake social services. As you may know, numerous assessments have been started over the past 18 months, but leadership changes have stalled and ultimately stopped these processes. Now, however, the new Tribal chair and the new social services director are moving forward with the assessment. Once this assessment is complete, it will provide a roadmap for the policies, practices, procedures and staffing levels that the Tribe needs to establish a successful agency. The Children’s Bureau will work hand-in-hand with the Tribe to follow that map and to ensure that all available resources are brought to bear for the Tribe to be successful in better protecting its children.

I want to be clear with you that the Children’s Bureau is leading this effort for ACF and will manage work with both the Tribal leadership and the Tribal social services staff moving forward. The Children’s Bureau will also be the principal liaison with the state of North Dakota, the Bureau of Indian Affairs and the Dept. of Justice to address child protective issues at Spirit Lake.

As the Immediate Office of the Assistant Secretary, the Children’s Bureau, and the Administration for Native Americans have worked to address concerns at Spirit Lake over the past year, it has become clear that Region 8 IORA involvement has damaged some of the most critical relationships needed for achieving progress for the children and families of Spirit Lake. It is our full intention to rebuild these relationships and move forward in a collegial and productive direction.

Tom, I know you share ACF’s goal of establishing a strong social service system at Spirit Lake that can act quickly and effectively to protect children who may be in danger. It is my expectation that you will refer all future inquiries to the Department concerning Spirit Lake to the Children’s Bureau and respect the Bureau’s role in leading and coordinating the Department’s efforts to achieve the goal of protecting Spirit Lake’s children.

————————————————————

### END FORWARDED MESSAGE

————————————————————

Received a couple days later from a friend – an attorney who has worked quite a bit with Indian law –

Lisa: Thanks for keeping me informed. I read your previous email a few mornings ago and it has been on my mind. In short, I will say that your good heart and good faith, I fear, have blinded you to the fact–I believe it is a fact–that in general not a single institution or person that works with them involved in federal Indian Affairs will ultimately decide to place the interests of individuals above that of Tribes.

And that is what allows so many wrongs, including to innocent children, Indian children, to continue unabated–unacknowledged and unaddressed. That and the personal self-interest of each and every one employed by the system that supports and implements federal Indian policy, from Congress on down.

There is nothing wrong with self-interest. We all have it. But when it combines with an institutionalized policy like federal Indian policy that so powerfully supports one group goal–tribal sovereignty–above all else, this serves to allow and even justify in some people’s eyes the submergence of the individual, their rights, their property, their lives, even their children.

The well-being, even the existence, of these, is sacrificed to the twin powers of federal Indian policy support for the preservation and expansion of tribal sovereignty and the self-interest of those involved.

It is difficult and tragic. In my opinion – and while you know I have worked with the law of this a long time, you should recall I have not worked in the trenches, with the individuals on the personal basis you have – the only way to make real change is through the courts recognizing the full individual worth and rights, most importantly federal constitutional rights, of each and every person in the U.S. in contact with tribal power; and that those rights, and the federal constitution, therefore, provide the limit of such tribal power beyond which it cannot go.

Without that, I think the institutions of federal Indian policy, and the individuals within them, will not help you and your allies accomplish the noble goals you have for Indian children.

====================

My response –

Elizabeth Morris
1:04 PM (14 minutes ago)

Thanks for your note. I appreciate your honesty.
I appreciate it as a confirmation of what we had suspected. It is such a hard thing to fathom. So impossible to absorb and accept – that even our FBI and our US Attorney won’t stand up against the atrocities being committed.

However – I can’t let it – even though true – stop our efforts to bring it down.

If nothing else – the knowledge that it is indeed, true, only strengthens my resolve. I can’t let the bad guys – the bullies – win. I just can’t.

I do want to continue working through the courts. I was encouraged by Justice Thomas’ concurrence in the June case. I haven’t given up on that avenue.

But I can’t stand down in this effort, either.
Thanks for your honesty – and thank you for being a good friend.

Lisa

~ ~ What, then, shall we say in response to these things? If God is for us, who can be against us? Romans 8:31

Elizabeth Sharon (Lisa) Morris
Chairwoman
Christian Alliance for Indian Child Welfare (CAICW)
PO Box 253
Hillsboro, ND 58045
administrator@caicw.org
https://caicw.org

Twitter: http://twitter.com/CAICW ( @CAICW )
Facebook:

May 232015
 
Roland and his newborn, 1990

A friend or relative appears to be struggling with the difficulties of parenting and appears to either not understand the needs of children at varied points in their development, or is overwhelmed with inside or outside stress and has been unable to complete certain tasks.

You want to help, but are uncertain how. Should you tell yourself it is none of your business and look the other way, speak to the parents privately and appear to be a busy-body, or anonymously call CPS and let them be the bad guys?

You need to decide what degree of danger the children are factually in and take steps based on that determination.

Wearing the same clothes for two days in a row is not necessarily child neglect. Some parents might simply be good stewards of limited resources. I once knew a wonderful mom who checked the clothes for soil, and if they were fine, hung them up again for use the next day. This family was cutting down not only on laundry expense, but the wear and tear of good clothing (the lint trap in your dryer is evidence of the wear and tear of frequent washing.) This was simply a lifestyle choice.

In fact, there is nothing wrong with living in what others might call “poverty.” Some of our best years as a family were when we lived extremely low income. In rural Montana, out in the middle of a cornfield, we opted to go without government welfare programs, despite the fact we would have easily qualified. Instead, we obtained goats and chickens (most of which were given to us by friends), taught our kids chores, baked bread from scratch, and raised a garden in glorious view of the Mission Mountains.

This was a lifestyle choice – and it was a healthy choice for our family physically, emotionally and spiritually.

Difficulties only arose when we felt compelled to take in extra children after being called by county social workers in accordance with the Indian Child Welfare Act. My husband’s adult children were struggling with addiction, and someone needed to take the grandchildren.

You see, ICWA had no qualms about our “poverty” status. That was a non-issue. However…our inability to handle that many children – theirs and ours – under the age of 8 was also a non-issue. ICWA workers weren’t at all concerned about whether we were capable and didn’t do any kind of home study or background check prior to placing four children with us. The only concern they had was to find a relative home – no matter what condition the home was in.

Twenty years later, after having raised all the children to adulthood, we belatedly know how the situation could have been handled much better for all concerned.

What I will tell you next is how I wish it had been handled and how I now advise others to handle similar situations.

Know this, first off. The placement of a child by tribal social services is not always in the best interest of the child. We have numerous documented accounts of placements made out of expediency for tribal government and tribal social services with little regard for the factual needs of the child. You do not want to take children out of the frying pan and put them into the fire.

There is financial incentive for a tribal government to take jurisdiction over a child. Tribal governments do get more money per head. Federal dollars are tied to tribal rolls and the U.S. census. The fact that a child in question has never been enrolled previously only increases the incentive, as it means an addition of dollars the tribal entity had not had up to that point. The true purpose of ICWA is to protect tribal sovereignty, not children.

For more explanation of this and what has been factually happening to children, Read: – https://caicw.org/2015/05/21/ive-messed-up-and-someone-is-threatening-to-call-cps/#.VWDZE6jlY6k

Second, if a child has even the smallest – or even a suspected – percentage of heritage. social services and court systems of every jurisdiction across the country are advised to contact a tribal government to take jurisdiction if the tribe so chooses. It is a guideline right now, but could become a permanent rule within the year.

What if the family you are concerned with has had no connection to or interest in being associated with tribal government? What if the family has purposefully decided to distance themselves from the reservation system? According to the BIA guidelines, that is irrelevant. The only matter of concern is whether the tribal government wants the child as a member. If they do, no other entity can stand in the way, including the parents.

With all this in mind, you need to decide whether intervention is necessary for the family you are concerned with, and if so, what kind of intervention.

If you decide to speak to the parents directly and offer personal assistance, the following points could help:

#1) Assure the parents that they are capable of raising their child, but simply need some short term guidance and teaching. Many parents respond better if they feel they are respected and not mocked. Assure them that you love them all and want to help before some stranger calls CPS and causes trouble for them.

#2) Determine to help them bond well and stay bonded to their child. If together you decide the child should be moved to your home or the home of another in order to give respite to the parents, make healthy reunification the primary and foundational goal. You do NOT want to raise their child to adulthood.

#3) Understand your own needs and limitations. I did not do this. I did not understand at the time that I was factually a loner who thrives on alone time. I could deal with my own children, but dealing with children I did not know very well almost broke me.

If you are a loner, see if other family or friends might share the responsibility with you. If, for example, you take actual custody, perhaps others can commit to scheduled and consistent respite care for you.

#4) If at all possible, leave CPS out of this, especially if the child has tribal heritage. You want the parents to be successful as a family – not destroyed. While there are many social workers and systems throughout the country that also want the family to be successful, there is no guarantee this will happen once a tribal government intervenes, and the current BIA guidelines can (and the probable rules will) tie the hands of all well-meaning social services and courts.

I am not afraid to make the last statement. Documentation of dangerous placements by tribal courts abound. See ACF Regional Director Tom Sullivan’s whistle blower report as just one example of documented evidence. READ – https://caicw.org/2015/05/10/acf-regional-director-blowing-the-whistle-on-child-abuse/#.VWDZfKjlY6k

#5) The success in helping the family won’t be the result of separating them from their child – but in how patiently and lovingly you can teach the parents to be the best parents they can be….together with how willing and open they are to being taught.

Willingness will have to come from both sides. – they need to be willing to submit to at least weekly hands on teaching in the comfort and care of a child – spending the day with you, if possible – and the more often they do this, the more willing to be taught, the sooner they can resume as an independent family. This doesn’t have to take many weeks. It could end up being just a short time. It will depend on how willing they are to be taught.

#6) Speak the TRUTH – with Love. Yes, the truth can hurt. But outside of the truth, little will change. You will need courage and wisdom to identify the true problem areas and speak about them with gentleness. The parents will need courage and wisdom to accept the truth with humility and deal appropriately with it. God be with you all in the process.

#7) Leave money out of the issue if at all possible. Do not make this about money if you can avoid it. But in your teaching, encourage the parents to take increasing personal financial responsibility for the child’s physical and educational needs.

Take the hit and appear to be a busybody.

The government should be called where children are in danger and there is no other way to protect them.

Dec 052014
 

U.S Attorney General Eric Holder Vowed to give Permanent Jurisdiction of Multi-racial Children Across the Nation to Tribal Governments on Wednesday, December 3, 2014.

In reference to the Indian Child Welfare Act, he stated,

…“We are partnering with the Departments of the Interior and Health and Human Services to make sure that all the tools available to the federal government are used to promote compliance with this important law.”
And “… because of the foundation we’ve built – no matter who sits in the Oval Office, or who serves as Attorney General of the United States, America’s renewed and reinforced commitment to upholding these promises will be unwavering and unchangeable; powerful and permanent.”

(READ his remarks in full here – https://caicw.org/2015/05/18/attorney-general-eric-holders-dec-3-2014-remarks-in-full/#)

He made this vow in remarks during the White House Tribal Nations Conference in Washington, DC. Below is a response from a Parent – the Chair of the Christian Alliance for Indian Child Welfare.

Attorney General Eric Holder;

Re: Your statement during the White House Tribal Nations Conference, Dec. 3, 2014, in regards to the Indian Child Welfare Act.

What is consistently left out of the ICWA discussion is the civil rights of United States citizens of every heritage – those enrolled in tribal communities and those who are not – who do not want tribal government interference in their families. Shortsighted placation of tribal leaders ignores these facts:

1. 75% of tribal members do NOT live in Indian Country
2. Most families falling under tribal jurisdiction are multi-racial, and
3. Many families have purposefully chosen to raise their children with values other than those currently popular in Indian Country.

Federal government does not have the right to assign our children to political entities.

Further, federal government does not have the right to choose which religion, customs or traditions a child should be raised in. This holds true for children who are 100% a certain heritage, let alone children who are multi-heritage. It holds true because we are a nation that respects the rights and freedoms of every individual citizen – no matter their heritage.

Please recognize that while we agree with you that “any child in Indian Country – in Oklahoma, or Montana, or New Mexico – is not fundamentally different from an African-American kid growing up in New York City” – neither is any child fundamentally different from a Hispanic Catholic, German Jewish, or Irish Protestant child growing up in any U.S. city or rural town. In fact, most enrollable children in America have Caucasian relatives – and many live with their Caucasian relatives. My own enrolled children are no different from their fully Caucasian cousins or their cousins with Filipino heritage. Children are children – with fundamentally the same emotional and physical needs. We agree 100% with you.

We also agree no child “should be forced to choose between their cultural heritage and their well-being.” Tragically, that is the very thing federal and tribal governments are doing to many of these children.

Enrollable children – and at times even children who are not enrollable but are targeted by a tribal government anyway – are currently forced to accept what is purported to be their cultural heritage – at the expense of their safety and well-being. This has even been done under the watchful eye of the Justice Department, as in the case of 3-year-old Lauryn Whiteshield, murdered in 2013.

Concerning your directive regarding cultural heritage, the federal government does not have the right to mandate that my children and grandchildren – or any of the children whose families we represent – be raised in a home “suffused with the proud traditions of Indian cultures.” As parents, my husband and I had a right to decide that our children’s Irish Catholic, German Jewish, and “American” Evangelical heritage is all equally important. It is the parent’s choice, not the government’s, as to how our children are raised (Meyer vs. Nebraska, 1923; Pierce vs. Society of Sisters. 1925)

My name is Elizabeth Sharon Morris. I am the widow of Roland John Morris, a U.S. citizen of 100% Minnesota Chippewa heritage who was born and raised on the Leech Lake Reservation, speaking only Ojibwe until he started kindergarten. I am the birth mother, grandmother, foster and adoptive mother to several enrolled or eligible members, and an aunt and sister-in-law to dozens. Our home was an accepted ICWA home for 17 years and we raised over a dozen enrolled children in it.

I am also the Chairwoman of the Christian Alliance for Indian Child Welfare, a national non-profit founded by my husband and myself in 2004. CAICW represents children and families across the nation who’ve been hurt by federal Indian policy – most notably ICWA – and who, as U.S. citizens, do not want tribal government control or interference in their families.

The facts are:

1) According to the last two U.S. censuses, 75% of tribal members DO NOT live in Indian Country. Many, like our family, have deliberately taken their children and left in order to protect their families from the rampant crime and corruption of the reservation system. These families do NOT want their children turned over to tribal authorities under any circumstances – and having made a decision to disassociate, should not have to live in fear of their children being placed on the reservation if the parents should die.
2) The abuses at Spirit Lake in North Dakota are well known, but it is also known that Spirit Lake is just a microcosm of what’s happening on many reservations across the country.
3) Gang activity involving drugs is heavy and rampant on many reservations. My husband’s grandson was shot and left for dead at Spirit Lake in July, 2013. To date, your Justice Department, which you’ve highly praised for its work in Indian Country, has not charged anyone for the shooting despite family knowledge of who was involved in the altercation. Many children have been dying within Indian Country whose names don’t make it to the media – and for whom justice is never given.
4) These abuses are rampant on many reservations because the U.S. Government has set up a system that allows extensive abuse to occur unchecked and without repercussion.
5) Many, many times more children leave the reservation system in company of their parents, who have been mass exiting – than do children who have been taken into foster care or found a home in adoption. But tribal leaders won’t admit many parents consciously take their kids out of Indian Country in attempt to get them away from the reservation system and corrupt leaders. It makes a better sound bite to blame evil social services
6) There are many documented cases of children who have been happy in homes outside of Indian Country and who have fought being moved to the reservation, and who have been severely traumatized after being forced to do so. Many in federal government are aware of these children but, as done with the reports of ACF Regional Director Tom Sullivan, have chosen to ignore them.

It is claimed the cause of crime and corruption in Indian Country is poverty and “Historical Trauma,” and that additional funding will solve the problems. Yet, crime and corruption are never made better and can never be made better by giving those responsible for the crime and corruption more money.

It’s time to stop listening to those with vested financial interest in increasing tribal government power, and admit the physical, emotional, sexual and financial abuse of tribal members by other tribal members and even many tribal leaders.

Every time power to tribal leaders is increased, tribal members – U.S. citizens – are robbed of civil freedoms under the constitution of the United States. Equal Protection is a constitutional right.

To better protect children, we need to:

A. Guarantee protection for children of Native American heritage equal to that of any other child in the United States.
B. Guarantee that fit parents, no matter their heritage, have the right to choose healthy guardians or adoptive parents for their children without concern for heritage.
C. Recognize the “Existing Indian Family Doctrine” as a viable analysis for consideration and application in child custody proceedings. (See In re Santos Y, In Bridget R., and In re Alexandria Y.)
D. Guarantee that United States citizens, no matter their heritage, have a right to fair trials.

    • When summoned to a tribal court, parents and legal guardians need to be informed of their legal rights, including USC 25 Chapter 21 1911 (b)“…In any State court proceeding for the foster care placement of, or termination of parental rights to, an Indian child not domiciled or residing within the reservation of the Indian child’s tribe, the court, in the absence of good cause to the contrary, shall transfer such proceeding to the jurisdiction of the tribe, absent objection by either parent…”
    • Further, parents involved in any child custody proceeding should have a right to object to tribal jurisdiction. Many tribal members don’t take things to tribal court because they don’t expect to get justice there. For the Justice Department to deny this reveals the Justice Departments willingness to ignore how many tribal courts factually work.
    • Under the principles of comity: All Tribes and States shall accord full faith and credit to a child custody order issued by the Tribe or State of initial jurisdiction consistent within the UCCJA – which enforces a child custody determination by a court of another State – unless the order has been vacated, stayed, or modified by a court having jurisdiction to do so under Article 2 of the UCCJA.

E. Include well-defined protections for Adoptive Parents equal to protections afforded families of every heritage.
F. Mandate that a “Qualified expert witness” be someone who has professional knowledge of the child and family and is able to advocate for the well-being of the child, first and foremost – not tribal government.
G. Because it is claimed that tribal membership is a political rather than racial designation, parents, as U.S. citizens, should have the sole, constitutional right to choose political affiliation for their families and not have it forced upon them. Only parents and/or legal custodians should have the right to enroll a child into an Indian Tribe.

    • Remove the words “or are eligible for membership in” 1901 (3)
    • Remove the words “eligible for membership in” from 1903 (4) (b), the definition of an ‘Indian child’ and replace with the words “an enrolled member of”

Thank you for your willingness to hear our concerns and take action to protect our children and grandchildren from further exploitation.

Elizabeth Sharon Morris
Chairwoman
Christian Alliance for Indian Child Welfare (CAICW)

Cc: Tracy Toulou, Director, Tribal Justice
Members of Congress

Infant brutally murdered by father –

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Oct 252014
 

The death of 2 1/2 month old Joseph Jenkins on October 17, 2014, was just outside my husband’s reservation.

The Bemidji Pioneer news report states, “The St. Louis County medical examiner said the infant had experienced blunt force trauma as well as cuts and injuries to his chest, abdomen, hand, fingers, feet and toes, according to the complaint.

Investigators interviewed the infant’s mother, who said Jenkins bit their son many times because the baby was crying, according to the complaint. Jenkins wouldn’t allow the baby to go to a scheduled medical appointment because Jenkins did not want anyone to see the injuries.She also said they made up the story about the neighbor’s dog biting the baby, according to the complaint.Jenkins allegedly “committed multiple acts of child abuse on his infant son,” County Attorney John J. Muhar said in a statement.Jenkins has multiple convictions, including for domestic abuse and driving while intoxicated, according to court records.”

We don’t know yet if there was any tribal social service involvement – but the story illustrates again the pervasive violence within my husband’s community.

Many people (not all) in my husband’s community look the other way. That’s simple fact, whether admitted or not.

There is a climate of “mind your own business.” “This doesn’t concern you.” People who “stick their nose in where they don’t belong” can end up getting beaten, as well.

It is that climate, which disallows anyone from saying anything – that contributes to the cycle of depression, abuse, hopelessness, and suicide.

It is a climate of violence and fear. Increased federal funding or tribal sovereignty isn’t going to fix that. It just reinforces it – rewarding and protecting the lifestyles of abusers.

Blaming the past, or pushing hypotheses of “historical trauma,” and “white privilege” isn’t going to fix the extensive abuse, anger and depression either. Those faux concepts only INCREASE feelings of anger and hopelessness.

There are people at the top of the food chain who benefit from this garbage at the expense of everyone else. Power corrupts and absolute power corrupts absolutely.

They want people to keep on blaming – and never look inside to what is really going on.

Matthew 24:12 (NIV) “Because of the increase of wickedness, the love of most will grow cold”

Job 24:15,17 (NIV) “The eye of the adulterer watches for dusk; he thinks, ‘No eye will see me,’ and he keeps his face concealed… For all of them, deep darkness is their morning; they make friends with the terrors of darkness.”

Isa 29:15 (NIV) “Woe to those who go to great depths to hide their plans from the Lord, who do their work in darkness and think, “Who sees us? Who will know?”

Psalm 36 1-4 (NIV) “I have a message from God in my heart concerning the sinfulness of the wicked: There is no fear of God before their eyes. In their own eyes they flatter themselves too much to detect or hate their sin. The words of their mouths are wicked and deceitful; they fail to act wisely or do good. Even on their beds they plot evil; they commit themselves to a sinful course and do not reject what is wrong.”

Jeremiah 17: 9-10 (NIV) “The human mind is more deceitful than anything else. It is incurably bad. Who can understand it? I, the Lord, probe into people’s minds. I examine people’s hearts. And I deal with each person according to how he has behaved. I give them what they deserve based on what they have done.

1 Corinthians 4:5b “[God] will bring to light what is hidden in darkness and will expose the motives of the heart.

James 1:21 (NIV) “Therefore, get rid of all moral filth and the evil that is so prevalent and humbly accept the word planted in you, which can save you.”

Prov 28:13 (NIV) “He who conceals his sins does not prosper, but whoever confesses and renounces them finds mercy.”

1 Thes 5:5-8a (NIV) You are all sons of the light and sons of the day. We do not belong to the night or to the darkness. So then, let us not be like others who are asleep, but let us be alert and self-controlled. For those who sleep, sleep at night, and those who get drunk, get drunk at night. But since we belong to the day, let us be self-controlled.

Ps 119:105 (NIV) “Your word is a lamp to my feet and a light for my path.”

2 Cor 4:2,6 (NIV) “We have renounced secret and shameful ways… For God who said, “Let light shine out of darkness,” made his light shine in our hearts to give us the knowledge of the glory of God in the face of Christ.”

Ephesians 5:8-14 (NIV) “For you were once darkness, but now you are light in the Lord. Live as children of light (for the fruit of the light consists in all goodness, righteousness and truth) and find out what pleases the Lord. Have nothing to do with the fruitless deeds of darkness, but rather expose them. It is shameful even to mention what the disobedient do in secret. But everything exposed by the light becomes visible—and everything that is illuminated becomes a light. This is why it is said:

“Wake up, sleeper,
rise from the dead,
and Christ will shine on you.

http://www.bemidjipioneer.com/content/updated-itasca-county-man-charged-infant-sons-death

Aug 132014
 
https://www.youtube.com/watch?v=TEogtESN5Wo

Sage was 4-years-old and one of the first children to be hurt by the Indian Child Welfare Act in 1978. She was 6-years when she and the family she loved went on the run to protect her from the law that intended to force to live with an abusive birth parent. She was 13 when she was finally forcibly taken from her family to be placed on the reservation with the birth mother who had almost killed her.

She tells her story of going on the run with her chosen parents, her trauma of being taken from them, and ultimate relief when she was finally released from the reservation and allowed to return home. To this day, thirty-some years later, she is upset by what the government and ICWA put her through.

– http://youtu.be/TEogtESN5Wo

MN Teens Ask Us About ICWA –

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Mar 202014
 

A couple 8th grade students wrote to us, asking for information concerning the ICWA. This was my response…

———- Forwarded message ———-
From: Elizabeth Morris
Date: Thu, Mar 20, 2014 at 1:12 AM
Subject: The Indian Child Welfare Act (ICWA)
To:

Hello, Cecilia.

I am happy to help two students from northern Minnesota. I was raised in the Twin Cities and my husband, Roland John Morris, Sr., was a member of the Minnesota Chippewa Tribe – Leech Lake. He passed away in 2004.

Although he was born and raised near Cass Lake, spoke only Ojibwe until he started kindergarten, and was raised practicing many traditions, he was very opposed to tribal government control over him and his family. He believed that many tribal governments are deeply corrupt and are harming people more than they are helping them. He believed the Indian Child Welfare Act was particularly harmful to children and families – and was opposed to tribal government having any jurisdiction over his children or grandchildren.

He went to Washington DC many times to talk to Congressmen about how tribal governments were hurting people. The last time he went was just three weeks before he passed away. His doctor told him not to go, but it is what he wanted to do.

I will tell you what we know of the ICWA.

Almost twenty years ago, a six-year-old boy and his five-year-old sister searched for breakfast while the adults in the house slept off the previous night’s party. He was used to having to care for his four younger siblings. Many times it had been his job to keep them all in the bedroom while adults were enjoying themselves in other areas. During those frequent parties, according to the boy, they weren’t allowed out of the room except to go to the bathroom. Although He was enrolled in the first grade and his sister was enrolled in kindergarten, they rarely made it to school, their hair was infested with lice, and their parents sold the baby’s formula to support their drug habit.

On this morning, instead of finding cereal, the two small children found “long guns” in the cupboard. No, despite the behavior of the adults in his life, he didn’t shoot his sister. However, a social worker commented later that had these children been of white or black heritage, they would have been removed from that home a long time earlier. But because they were of Indian heritage, they were not allowed the same protection that other children would have received.

Thirteen years ago, a teenage girl from Leech Lake, angry at the world because she had been taken from a safe, happy home and placed with dangerous relatives because of the ICWA, went along with her boyfriend to do violence against the very people she loved most and felt safest with. http://www.startribune.com/local/190953261.html?refer=y

On June 11, 1999, a non-tribal mother was given 30 minutes notice to show up in Red Lake Tribal Court to defend her legal custody of her children. Not having any time to obtain counsel, she stood by helplessly as the court transferred physical custody of all three children to the man that had fathered the youngest two. The man, who was a tribal member, then turned around and obtained an order to forcibly remove her from the reservation. On June 13, she was served the order to get off the reservation and wasn’t given any time to return home to get clothes and possessions.

In November of 1999, an 8-year-old Brenda Swearington was beaten to death by her great uncle, whom she, along with her siblings, was placed with under the Indian Child Welfare Act. According to a court transcript, the uncle was quoted as saying, “I just lost my temper. Hit her, kicked her too hard when she wasn’t doing what she was supposed to be doing.” A witness stated having seen him pick the little girl up by her throat, “put her against the wall, let go of her, kicked her.”

According to the Native American Press, after the child’s death, other relatives begged the Leech Lake Reservation to pull out of the ICWA program, blaming the program’s priorities and staff for the little girl’s murder. One relative stated that if the ICWA staff had actually looked at the record of the great Uncle and Aunt, they should never have been chosen as caregivers.

Kayla, a fifth grader raised by her non-tribal aunt since she was 8 months old, wanted to stay in the only home she ever knew. She wanted to stay in Kentucky and continue with her basketball and cheerleading. But in 1994, the North Dakota Standing Rock Sioux Tribe sued. A reporter wrote for the Associated Press that the tribe was needed her because they were struggling to keep their cultural heritage and identity intact. In that same article, a representative of a group called NARF estimated that 1.96 million people of Indian ancestry live off the reservations. He said that puts the tribal courts at a disadvantage in custody cases. This is the true purpose of the Indian Child Welfare Act: to return children to the reservation for the tribal government’s benefit. All Kayla wanted was for life to go back to normal.

Around 1996, A young South Dakota mother was diagnosed with cancer. Wanting her three children raised in a better way than she had, she moved off the reservation and began going to a Christian church. Feeling so strongly about how destructive her life on the reservation had been, she refused to enroll her children or have them involved in tribal programs including “Head Start.” She also asked a friend to care for her children once she passed on. But before a legal will could be written, she died suddenly from a heart attack.

The State Court turned the children over to the tribe as mandated by the Indian Child Welfare Act, pulling them out of school and away from non-tribal relatives and friends and placing them into foster care on the reservation. Although an Indian/white couple that lived off the reservation was interested in adopting the children, the tribal court chose instead to leave them in a reservation foster home. During the process, a lawyer for the tribe confided that in this tribe of about five thousand members, they had about one thousand children in foster care.

On Jan 6, 2000 — more than 2 years from their first notice that “Carl” was living with non-Indians off the reservation — a tribal council voted to gain custody of the child, seeking to “protect his Native American heritage.” The tribal resolution indicated a transfer is more in the interest of the tribe than “Carl” when it stated; “Whereas, the Tribal Council has determined that there is no resource more vital to the continued existence and integrity of this Tribe than its children.”

However, the birth mother, an enrolled tribal member, voluntarily placed her baby in foster care with the county when he was 18 months old and told caseworkers she was opposed to her tribe’s intervention and that she had no ties to the tribe. The tribe subsequently declined jurisdiction, and continued to waive involvement over the next two years. The baby was placed in a white home. According to Carl’s custodial mother, “One problem we’re encountering is that when some of these people hear “ICWA” they just want to lay down and give up.”

This same scenario continues to be played out across America on a daily basis. Children who had never been near a reservation nor involved in tribal customs – including multi-racial children with extremely minimal blood quantum – have been removed from homes they know and love and placed with strangers chosen by tribal social services.

We hear story after story of children being used and abused by the system under the Indian Child Welfare Act, while tribal and federal authorities look the other way and pretend it isn’t happening. Everyone is too afraid to step on the toes of tribal government.

It is claimed that the Indian Child Welfare Act was passed in 1978 in effort to help prevent Native-American tribes and families from losing children to non-Native homes through foster care and adoption. We believe that was the story given to sell the bill to the American people, but evidence in the legislative record indicates that the real reason might have always been more about power and money than about helping kids.

The Act is now harming children all across the country as courts and tribes place culture and tribal sovereignty above children’s basic needs for permanency and stability.

1) Some Children have been removed from safe, loving homes and placed into dangerous situations.
2) Some families, Indian and non-Indian, have felt threatened by tribal government. Some have had to mortgage homes and endure lengthy legal processes to protect their children.
3) Equal opportunities for adoption, safety and stability are not always available to children of all heritages.
4) The constitutional right of parents to make life choices for their children including political associations has been interfered with.
5) The constitutional right for children of Indian heritage to enjoy Equal Protection has in some cases been denied.

Letters from tribal and non-tribal birth parents, extended family, foster parents and pre-adoptive families can be read at https://caicw.org/family-advocacy/letters-from-families-2/

The Indian Child Welfare Act of 1978 hurts children, parents, and caregivers. In addition to preventing children from getting the protection they need when they need it:

– Some Tribal governments have claimed jurisdiction over children that have little tribal heritage and are not enrollable according to their constitutions.
– Some Tribal governments have interfered in custody battles between parents, overturned county decisions in favor of the tribally enrolled parent and ignored child abuse, neglect and drug abuse in those decisions.
– Many county courts and social services back away when ICWA is involved because they can not afford to fight back.
– Several State Governments have given “Full Faith and Credit” to tribal courts and will not review or overturn tribal court custody decisions – no matter clear evidence of child abuse.
– This law requires Federal, State, and Tribal authorities to favor a child’s tribal heritage over their Irish, Afro-American, Scottish, Latino, or Jewish heritage, or any other heritage the child has, no matter the percentages.

We believe the Indian Child Welfare Act is blatantly unconstitutional – a violation of the 10th and 14th amendment. Supreme Court Justice, Clarence Thomas, intimated in a concurrence he wrote in June, 2013, that he believed it is unconstitutional as well. In agreement with the ruling in the case, “Adoptive Couple v. Baby Girl,” he wrote:

‘The ICWA recognizes States’ inherent “jurisdiction over Indian child custody proceedings,” §1901(5), but asserts that federal regulation is necessary because States “have often failed to recognize the essential tribal relations of Indian people and the cultural and social standards prevailing in Indian communities and families,” ibid.

However, Congress may regulate areas of traditional state concern only if the Constitution grants it such power. Admt. 10 (“The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people”).

The threshold question, then, is whether the Constitution grants Congress power to override state custody law whenever an Indian is involved.

(Side note: Justice Clarence Thomas’ concurring opinion cited the work of Rob Natelson, Senior Fellow in Constitutional Jurisprudence, Independence Institute & Montana Policy Institute. Rob Natelson was a friend to my husband, Roland.)

Dr. William B. Allen, Emeritus Professor, Political Science, MSU and former Chairman of the U.S. Commission on Civil Rights (1989) also stated about the Indian Child Welfare Act:

“… we are talking about our brothers and our sisters. We’re talking about what happens to people who share with us an extremely important identity. And that identity is the identity of free citizens in a Republic…”

Thank you so much for writing to us to ask about the Indian Child Welfare Act. I hope what I have shared here is helpful. If you have additional questions, please feel free to ask.

CHILDREN AS CHATTEL:

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Feb 282014
 

.
Three little boys from South Dakota had been living Nov18286_001 with a wonderful family. The maternal relatives (tribal members) had a great relationship with the foster parents and ceremonially accepted them as part of the family. But the children were moved from that home a few months ago by tribal government. A paternal family member – who had previously shown no interest in the kids – requested custody of the children when it was announced federal government was paying each individual member – including children – a sum of money in a court settlement. Over the last few months since the transfer, several instances of abuse have been documented. The following are comments recently shared by family:

RS: “I am asking no I am begging for —- to undo the wrong he has created and make it right for these babies. I am begging the courts and tribal council to help get these kids to safety, you have the power you need to use it. You can undo the injustice that has been done. These kids are not only the victims of Cathy’s abuse now they are in the presence of their extremely abusive father, please, please, please help us to get these kids to safety before it is too late.”
February 15 at 10:59pm

RS: “Why is no one for our tribe helping these children…..”

BM: “Because the tribal courts, and counsel employees are heartless and don’t care what happens to these 3 lil’ ones. So much for protecting their people. That is a bunch of crap when they all allow the 3 lil’ angels to be taken away by their abuser.”

DB: “Was just informed that she took these children to …California with their abusive father and are being helped by another daughter … And was informed that individuals were rewarded greatly for doing this….wonder who that was ???? How does spilled children’s blood feel on your hands?”

See More about these three in this video clip: https://caicw.org/2014/05/03/three-south-dakota-children-given-to-abuser/#.U2ePZldRzbw

.
Other children in need of prayer:

– – A Spirit Lake grandma sent a picture of her granddaughter and said the girl is living in the home of a sexual offender, but tribal social services won’t do anything about it.
An Oregon Tribe insists on jurisdiction over an unenrollable

– – 7-yr-old boy who was placed with his paternal grandmother by both birth father and mother and had been living with his paternal grandma for 2 years.
This child is NOT eligible for enrollment according to the tribe’s constitution – but tribal government desires to transfer child to maternal grandma, who has a record of abuse.
o The CAICW legal fund paid for a consultation between family members and ICWA attorney Mark Fiddler. The family was able to bring facts to the court room, refuting claims by the tribe.

– – 13-yr-old girl was taken from her non-native birth mother who had custody all her life and given her to enrolled birth father 3 months ago – for no reason other than tribal court decision. The tribe initially made it joint custody and gave him the school year. They’ve now served mom with papers giving the father sole custody.
o The CAICW legal fund paid for a consultation between the mother, her local attorney, and ICWA attorney Mark Fiddler. Unfortunately, she was not able to continue with the local attorney.

– – A 7-yr-old boy taken from his home in Wisconsin just before Christmas and his 7th birthday. His pre-adoptive parents begged he be allowed to attend his scheduled birthday party, but were refused. This was the 3rd time this little boy, who struggles with emotional issues, was removed from this same home due to whimsy of tribal government. The fact this pre-adoptive mom is a tribal member with the very same tribe made no difference. When the boys therapists testified to the emotional damage another move would bring, the tribe’s social services director stated, “Our kids are resilient.”

Many more…

Fact: According to the last two U.S. Census’ – 75% of Native Americans don’t live on the reservations. While some have moved for jobs, schooling, or other reasons and are still supportive of the reservation system, many, like the founder of CAICW, distanced themselves due to the high amount of tribal government corruption, chemical abuse, sexual abuse and other crime.

Fact: Tribal governments benefit financially from increased membership. It is no secret federal dollars for tribes are connected to the U.S. Census and tribal rolls. Abuse happens when you put a price on people’s heads. Abuse happens when humans are put in the position of chattel.