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Several U.S. lawmakers, including the vice chairman of the Senate Indian Affair committee, have raised concerns over reports that Immigration and Customs Enforcement (ICE) agents have unlawfully detained or interrogated tribal members during the Trump administration's crackdown, creating fear and uncertainty among communities.
The allegations focus on federal enforcement actions in New Mexico and other southwestern states, where tribal members have been stopped and questioned despite their U.S. citizenship.
In a letter to Homeland Security Secretary Kristi Noem, Senate Indian Affairs Committee Vice Chairman Martin Heinrich (D-NM) and other lawmakers from the Democratic party criticized the conduct of ICE agents:
"Whether it is simple ignorance or worse—outright disrespect for and harassment of tribal citizens—ICE's law enforcement tactics reflect an abdication of U.S. trust and treaty responsibility with tribal nations and their citizens, and cannot stand"
The letter cites incidents in which tribal members were allegedly confronted by ICE during traffic stops, at immigration checkpoints, in public spaces, and even in their homes. The lawmakers noted that at least one U.S.-born tribal member had been detained as a result of these actions. an episode which took place on January 22, according to state Sen. Theresa Hatathlie.
The letter also called for the Department of Homeland Security (DHS) to issue formal guidance to ICE agents regarding the recognition of tribal identification as valid proof of citizenship. "We also ask that your Department communicate and consult with Tribal
governments to ensure they are given timely and accurate information to inform and protect their Tribal citizens from unnecessary searches, interrogation, and detention related to immigration enforcement efforts," the signatories added.
The concerns come as the Trump administration continues its crackdown on immigration, seeking to carry out what the president has described as the largest deportation operation in American history. Tribal nations, including the Navajo Nation and the Mescalero Apache Tribe, have responded by advising their members to carry multiple forms of identification at all times.
Navajo Nation President Buu Nygren confirmed back on January 29 that his office had received multiple reports of "negative, and sometimes traumatizing, experiences with federal agents targeting undocumented immigrants." He advised tribal citizens to carry state-issued identification and, if available, a Certificate of Indian Blood (CIB).
Despite these precautions ICE agents have reportedly dismissed or ignored tribal identification on occasions. "Despite possessing Certificates of Indian Blood (CIBs) and state-issued IDs, several individuals have been detained or questioned by ICE agents who do not recognize these documents as valid proof of citizenship," said Crystalyne Curley, Speaker of the Navajo Nation Council, in a statement to Axios.
The issue has prompted further action from tribal leaders and advocacy groups. The Navajo Nation has launched an initiative called the Immigration Crisis Initiative, which seeks to assist affected individuals. The program, operated under the nonprofit Operation Rainbow Bridge, provides resources for verifying tribal documentation and offers a hotline for those being questioned or detained.
Lawmakers are now demanding answers from DHS, requesting detailed information on ICE's policies regarding tribal identification and the training agents receive regarding interactions with Indigenous individuals. They have also asked for a response on how ICE will ensure that tribal members are not wrongfully detained, particularly those with historical migratory privileges across U.S. borders.
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