Senators Urge ICE to Honor Tribal Sovereignty in Immigration Efforts

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Key Takeaways

Fifteen senators urged DHS to reform ICE practices targeting U.S.-born Tribal citizens, violating Tribal sovereignty and citizenship laws.
Lawmakers demand ICE recognize Tribal IDs, improve agent training, and consult Tribes to prevent rights violations and misuse of funds.
The Shadow Wolves Improvement Act seeks to enhance Native collaboration in border security while addressing broader Tribal and enforcement concerns.

Fifteen Democratic senators, led by Senators Martin Heinrich (D-N.M.) and Brian Schatz (D-Hawaii), have urged the Department of Homeland Security (DHS) to address troubling actions by Immigration and Customs Enforcement (ICE). Their February 20, 2025 letter to DHS Secretary Kristi Noem raises serious concerns about ICE’s treatment of members of federally recognized Tribes. These actions reportedly include unwarranted stops, questioning, and even detention of U.S.-born Tribal citizens under suspicion of being undocumented immigrants. The senators demand immediate reforms to ensure federal practices align with Tribal sovereignty and U.S. citizenship laws.

Background: Recent Tensions

Senators Urge ICE to Honor Tribal Sovereignty in Immigration Efforts

The controversy has escalated following President Trump’s January 29, 2025 Executive Order targeting birthright citizenship—a policy granting citizenship to anyone born in the U.S. Reports indicate that ICE agents have interpreted this policy aggressively, conducting stops and interrogations of Tribal members in public spaces, at traffic checkpoints, and even in private homes and schools. One documented case revealed a U.S.-born Tribal citizen detained by ICE, raising alarm across Native American communities.

This surge in enforcement has placed Tribal members in challenging positions, with many questioning ICE’s understanding of their legal rights. Recognizing the need to address these incidents, some Tribes, like the Navajo Nation, have stepped up. They’ve issued guidance to their citizens and created hotlines for immediate assistance. While Tribal leaders are focusing on protecting their communities, the senators’ letter marks a broader effort to hold ICE accountable.

The Senators’ Requests

The letter details several key actions that lawmakers want DHS to take, particularly emphasizing respect for Tribal sovereignty. Tribal sovereignty refers to the inherent rights of federally recognized Tribes to govern themselves and manage their own affairs, separate from federal or state governments. The senators argue that ICE’s tactics not only undermine Tribal rights but also violate trust and treaty responsibilities between the U.S. government and Tribes.

Other elements in their demands include:

Recognition of Tribal Identification: The senators urge DHS to provide training to ICE agents, ensuring they can identify and validate documents issued by Native nations. Certificates of Indian Blood (CIBs), Tribal enrollment cards, and similar documents should be officially recognized as proof of U.S. citizenship.
Consultation with Tribes: Better communication between DHS and Tribal governments is necessary. Tribes need timely, accurate information to safeguard their members.
Resource Allocation: The question arises: why are taxpayer funds being used for enforcement against U.S.-born citizens? The senators insist that ICE justify its allocation of limited resources.
Training Improvements: They seek clarity on the quality of current ICE training regarding valid Tribal identifications and proper interactions with Native citizens.
Cross-Border Challenges: Unique issues plague Tribes like the Tohono O’odham Nation and the Kickapoo Traditional Tribe of Texas, whose ancestral lands straddle U.S. borders. ICE actions must consider these historical contexts.

Tribal Rights Guaranteed by Law

The senators’ letter reflects the long-established legal protections of U.S. citizenship for Native Americans. The Indian Citizenship Act of 1924 granted all Native Americans born in the U.S. full citizenship, confirming their birthright status under federal law. Additionally, Native citizens often hold “dual citizenship”—they are both U.S. citizens and members of their Tribal nations.

Yet, these legal guarantees haven’t stopped incidents of racial profiling and rights violations. Indigenous citizens have increasingly been targeted based solely on appearance, accent, or cultural markers. This issue has sparked outrage among Native communities, compounding existing frustration over federal enforcement policies that show a disregard for Tribal-specific circumstances and rights.

A Recent Step in Collaboration

Despite widespread concerns, some Tribes have found ways to work with ICE and DHS. For instance, on February 19, 2025, the Southern Ute Indian Tribe and local DHS officers held a virtual meeting. Both sides expressed a willingness to collaborate, emphasizing respect for sovereignty and mutual communication. Such interactions showcase the potential for constructive dialogue—though broader reforms are needed to ensure ICE activities consistently respect Tribal sovereignty.

Legislative Action: Shadow Wolves Improvement Act

Besides addressing unnecessary enforcement against Tribal members, lawmakers are also advancing legislation to strengthen cooperation between Tribes and federal agencies. Senators Ruben Gallego (D-AZ) and John Hoeven (R-ND) recently reintroduced the bipartisan Shadow Wolves Improvement Act on February 15, 2025.

The Shadow Wolves, a specialized unit of Native American trackers belonging to the Tohono O’odham Nation, play a critical role in border security. They patrol a 76-mile stretch of U.S.-Mexico borderland within their Nation’s territory. This Act aims to enhance their status, improving pay and career opportunities.

The reintroduction builds on progress from the Shadow Wolves Enhancement Act, signed into law by President Biden in 2022, which expanded the unit’s authority. The bipartisan nature of this legislation reflects growing recognition of the need for Tribal participation in shaping border policies that directly affect them. By empowering the Shadow Wolves, lawmakers hope to create a model of cooperation where Tribal expertise is at the forefront of border security efforts.

Native Responses to Growing Enforcement

Tribal governments nationwide have taken proactive measures amid increased ICE activity. Many now provide legal and practical guidance to their communities. For example, by February 11, 2025, countless Tribes had launched initiatives to educate members on how to handle ICE encounters—steps deemed particularly crucial in light of profiling allegations. Leaders stress the importance of knowing one’s rights and carrying proper identification at all times, especially as ICE’s scrutiny intensifies.

This collective effort shows that Tribal sovereignty extends beyond legal doctrines—it’s a lived reality requiring constant vigilance. Indeed, this sense of preparedness highlights the resilience of Native communities amidst ongoing challenges from federal enforcement actions.

Broader Implications

The debate surrounding ICE’s treatment of Native citizens brings into focus broader questions about immigration enforcement, rights protections, and the federal government’s obligations to Tribes. The senators’ intervention signals the seriousness of these issues, but it’s only part of the solution. Immigration and Customs Enforcement must now respond to demands for greater clarity, training, and respect for Tribal laws and identities. At the same time, lawmakers and Tribes, working jointly, must continue their efforts to ensure such incidents don’t repeat.

Separately, the Shadow Wolves Improvement Act underscores how cooperative approaches can strengthen U.S.-Tribal relations. This act serves as a reminder that Tribes don’t serve merely as passive observers in federal policymaking—on matters like border security, they’re active contributors bringing invaluable knowledge to the table.

Conclusion

The senators’ request for DHS and ICE to comply with Tribal sovereignty principles highlights ongoing tensions between immigration enforcement and Native rights. Every documented incident of wrongful ICE action serves as a stark reminder of the need for systemic changes—not only in enforcing the law but also in respecting Native identities.

Ultimately, building a stronger federal-Tribal relationship will require continued participation, transparency, and legislation. With measures such as the Shadow Wolves Improvement Act and increasing mobilization from Tribal nations, progress appears possible. However, DHS’s next steps—particularly its response to the senators’ letter—will play a pivotal role in shaping outcomes. For now, the issue remains at the center of crucial discussions about Tribal rights and fair immigration enforcement policies.

For additional information on Tribal sovereignty and its implications for U.S. law, visit the Bureau of Indian Affairs’ website. As noted by VisaVerge.com, ongoing collaboration between the federal government and Tribal nations will be essential in navigating these challenges while ensuring all parties’ rights are upheld.

Learn Today

Tribal Sovereignty → The inherent right of federally recognized Tribes to self-govern and manage their own affairs, independent of federal or state governments.
Certificates of Indian Blood (CIBs) → Official documents issued by Native nations verifying an individual’s ancestry, often used as proof of Tribal enrollment and U.S. citizenship.
Indian Citizenship Act of 1924 → A U.S. law granting full citizenship to all Native Americans born within the United States, ensuring their legal rights as citizens.
Shadow Wolves → A specialized unit of Native American trackers from the Tohono O’odham Nation responsible for patrolling U.S.-Mexico border regions.
Racial Profiling → The discriminatory practice of targeting individuals based on race, ethnicity, or cultural markers rather than evidence of wrongdoing.

This Article in a Nutshell

Fifteen Democratic senators demand DHS reform after ICE targets U.S.-born Tribal citizens under mistaken immigration suspicions. Their letter highlights violations of Tribal sovereignty and calls for recognizing Tribal IDs, better training, and resource accountability. With Native communities mobilizing and bipartisan legislation advancing, the controversy underscores urgent federal reforms to respect Native rights and citizenship.
— By VisaVerge.com