Legal Identity
What are the criteria for tribal enrollment?
Tribes in the Midwest decide the basis for membership based on rolls developed at some time in the past, as well as residency and/or blood quantum. Go to "Tribal Enrollment" for more detail
Legal identity is established by the federal government and by tribal governments. If the federal government acknowledges that an individual is legally Indian, then that individual is entitled to certain benefits. These benefits follow from the government’s “trustee” responsibility to Indians as established by the Supreme Court. More importantly, Congress recognizes that it owes certain protections and services to tribes, that is, to the groups the U. S. recognizes to be tribes.
Federally recognized tribes are eligible to contract with the federal government to operate educational, job training, law enforcement, and health programs. This means that tribes can employ their members and operate these programs (formerly run by federal employees) in ways compatible with local needs. State and local governments provide these kinds of services for non-Indians.
Federally recognized tribes can sue to obtain rights or redress in federal court, petition for the return of objects from museums, and they can operate businesses (since 1987, gaming casinos) without being subject to state or local taxes. In fact, federally recognized tribes are not subject to state jurisdiction over their members on tribally owned land.
What are the criteria for federal recognition of tribes?
Some tribes have been recognized since the treaty era. More recently, others have had to hire researchers to document their existence as distinct Indian communities since historical times. Go to "Federal and State Recognition" for more detail
Individuals of Indian descent who are not members of federally recognized tribes can be legally recognized as Indians by the federal government upon their successful application for a “Certificate of Degree of Indian Blood” card (CDIB). To get this card, a person must establish that one of his or her lineal ancestors is listed (with blood “degree”) on a roll of a federally recognized tribe. The card indicates the individual’s “degree” of Indian blood (Indian ancestry from all relevant tribes). For example, if an individual’s father is ½ Indian and her mother, non-Indian, she is ¼ Indian. If her mother is ¼ Indian, she is 3/8 Indian.
With this card, an individual can apply for various benefits. For example, the Bureau of Indian Affairs offers hiring preference to members of federally recognized tribes; or, descendants of members of federally recognized tribes who were living on a reservation in 1934; or persons who have ½ degree of Indian blood. Other benefits (such as a higher education grant) call for ¼ degree of Indian blood.
Many individuals who are recognized as legally Indians by the federal government are ineligible for enrollment in any tribe. If a child’s father is ¼ Arapaho and his mother is 1/8 Menominee and 1/8 Oneida, he cannot enroll in the Arapaho, Menominee, or Oneida tribe, each of which requires ¼ degree blood quantum of that tribe. Since his father is ¼ Indian and so is his mother, he is ¼ degree Indian blood and can qualify as an individual Indian for some federal benefits. Clearly it is possible for an individual to be ¾ degree or more Indian blood, for example, yet not qualify for enrollment in a particular tribe.
Chief of Police, Jim Stone, Bad River Reservation
In support of tribal sovereignty, the federal government assisted tribes in establishing police forces and court systems. The tribal governments produce a law and order code. Police officers attend training programs. The job of the tribal police officers is complicated by jurisdictional issues. Criminal jurisdiction depends on where a crime occurs, the “race” of the parties involved, and the type of crime. Tribes have civil jurisdiction on tribal land over their members and non-members (including non-Indians), and they have jurisdiction in misdemeanor cases (and some felonies) involving Indians. There may be cross-deputization with state police and concurrent jurisdiction, and that is the trend. The federal government assumes jurisdiction over 14 major crimes (including murder and arson), and the FBI and Bureau of Indian Affairs law officers handle these cases. Photo by Sue Erickson, courtesy of Great Lakes Indian Fish and Wildlife Commission (GLIFWC).
Judge Joseph Corbine, Tribal Court, Bad River Reservation
Tribal courts offer a forum for conciliation and arbitration, often using traditional legal methods. They devote major resources to family law and child welfare. The Indian Child Welfare Act of 1978 gave the tribes jurisdiction over child custody cases. State courts are required to transfer jurisdiction to tribal court so that in custody cases, adoptions, and foster care children are placed with Indian families. This legislation was in response to a pattern in prior years wherein states removed Indian children from their communities for frivolous reasons. Juvenile court and associated programs are another priority of tribal courts. These courts tend to offer simplified procedures, reduced costs, less delay, less use of attorneys, and sentences that stress compensation and community service so as to reintegrate offenders into the community. Court decisions can be appealed to a tribal or intertribal appeals court. Judges receive legal training, but may not be attorneys. They are usually tribal members or Indians from other tribes. Photo by Sue Erickson, courtesy of Great Lakes Indian Fish and Wildlife Commission (GLIFWC).
Potawatomi Bingo Casino, Milwaukee, 2007
The Forest County Potawatomi bought over 15 acres of land in Milwaukee in 1990. In 1992 they signed a gaming compact with the state of Wisconsin. This large casino, on trust land, is one of two gaming enterprises owned by the Forest County Potawatomi. The revenue from the casino enables them to operate a cultural center and library, health and wellness center, small businesses, social programs, tribal court, environmental protection activities, and to donate generously to charitable organizations. They employ many non-Indians, as well as their own members, and make payments to state, county, and city governments. Photo courtesy of Andre Jenny.
Application for CDIB Card
This is the form Native people complete and submit to the BIA in order to obtain a Certificate of Degree of Indian or Alaska Native Blood. The applicant must establish his/her relationship to an individual Indian(s) on a census or other federal roll that includes blood degree. Information on the CDIB card establishes whether or not an individual has sufficient “Indian blood” to receive federal program services based upon his/her status as an American Indian or Alaska Native. Courtesy of Bureau of Indian Affairs.
Blood Quantum
In this cartoon, the artist expresses the attitude among many Indians that the use of “blood quantum” criteria makes little sense. Courtesy of Marty Two Bulls, Sr., m2bulls.com.
