Just days into his presidency, Donald Trump issued a number of Executive Orders that violated treaty and trust obligations to Tribal Nations and infringed upon Tribal sovereignty. We witnessed a swath of panic, misinformation, and fear sweep across Indian Country as these orders rolled out and people grappled with what each order means. We began to quickly hear from Tribal Nations, Tribal programs, Indigenous non-profits, and communities about how the funding freeze was impacting their programming, including vital funding for the health and safety of people. While some funding has been released in the past few weeks, potentially hundreds of millions of dollars for Indian Country remain frozen.
Since 2018, NDN Collective has granted nearly $110 million dollars across Turtle Island and related Island Nations, providing nearly 1,500 grants to more than 1,200 grantee partners.
Since the memo laying out the freezing of federal funds, we have heard from a number of our grantee partners about the impacts that even the threat of a freeze was having on their lives and communities. In a survey of our grantees, we have been given a glimpse of the enormity of this impact with just 26 responses reporting potential losses totalling $116 million.
A theme we are seeing in the efforts to take down any diversity, equity, and inclusion (DEI), is the lumping of Tribes and Tribal programming into the racialized attacks that Trump and his Administration are conducting. We do not condone these attacks in any way, understanding that equity and inclusion has deep roots in addressing systemic injustice and has been the primary means for many systemically oppressed and marginalized groups to seek fairness in a system designed to concentrate power and wealth in the hands of a few. However, in addressing the violation of rights being carried out by this administration, it is critical that everyone understand the unique political status that Indigenous Peoples hold in the United States as Tribal Nations, American Indians, Alaska Natives, and Native Hawaiians.
The relationship between Tribal Nations and the U.S. government is political and not racial. It is firmly rooted in the U.S. Constitution through ratified treaties, and the established canons of Federal Indian Law as determined by the U.S. Supreme Court. The federal government entered into treaties with the Tribes, which according to case law upholding the Supremacy Clause in Article VI of the US Constitution, are āthe supreme law of the landā. Treaties are the foundation of the Inherent rights of Indigenous Peoples as sovereign nations, and were entered into by both parties as equals so that Indigenous Peoples would cease warfare against settlers. They also agreed to territorial boundaries in exchange for treaty obligations for ceded lands outside those permanent boundaries. Treaties are intended to be read and upheld with the intent in which they were entered into by Indigenous Peoples. These are legally binding Nation to Nation agreements.
The political status of Tribal Nations was defined in the āMarshall Trilogyā, a series of cases authored by Supreme Court Justice John Marshall between 1823-1832. Of particular significance to the current misapplication of the DEI label to Tribal programs, is the case of Cherokee Nation v. Georgia (1831), in which Justice Marshall described the Cherokee Nation, and by extrapolation all other Tribes, as a ādomestic dependent nationā. The case further established the doctrine of federal trust responsibility. In essence, the concept recognizes that, in exchange for the taking of land from the Tribes, the government would have the responsibility to provide basic services to the Tribal Nations, which today includes health care, education and other programs.
These programs, which are rooted in hundreds of years of federal Indian law and policy, are currently under threat in violation of the Constitution. Treaties are and remain the law of the land and are enforceable. All Americans, especially those tasked with running government, regardless of political affiliation, are bound by the Constitution to uphold both treaty and trust obligations.
Given that over 13 billion acres of Indigenous lands were taken, often illegally, by the U.S. (between 1776 and 1887)* continuing to address treaty violations and honor the provisions that the government itself outlined in the Treaties is the basic requirement for a just and legitimate federal government.
It is imperative that in this moment, philanthropy show up for Indigenous people and help close the gap in resources we are and will continue to encounter within this administrationās term.
We know to expect that every four to eight years there will be a new federal administration. What we should never have to expect is to be put in a place by the federal government to prioritize one Tribal-led or Indigenous-led program over the other. We should never have to worry about the federal government taking action without meaningful consultation and consent from Tribal Nations, or firing employees essential to carrying out legal requirements and treaty and trust obligations.
Now, more than ever, is the time for unity and to speak with one voice on behalf of those we serve. We must work to create stronger coalitions within our communities, to advocate with our Congressional representatives and demand they show up for Indigenous people and Tribal Nations. We must underscore our distinct political status and protect all vulnerable peoples suffering from the onslaught of attacks against basic, fundamental rights. It is imperative at this moment that philanthropy show up for and invest in Indigenous Peoples to close the gap in resources we are and will continue to encounter within this administrationās term.
Most importantly, it is a time for us to remember who we are, where we come from as Indigenous Peoples, and to draw upon our inherent strength, wisdom and power as the original peoples of Turtle Island. We know that our ecosystems thrive from diversity and in diversity there is strength. We will continue to stand strong and hold the line in protection of all Peoples and Mother Earth.
* Farrell, Justin, et al. “Effects of land dispossession and forced migration on Indigenous peoples in North America.” Science 374.6567 (2021): eabe4943.
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