Introduction

The Nooksack Indian Tribe, a federally recognized tribe located in the state of Washington, has been embroiled in a contentious and heartbreaking controversy. At the center of this dispute is the issue of disenrollment, where tribal members are stripped of their membership and forced to leave their homes on tribal land. Elizabeth Oshiro, a former member of the Nooksack Indian Tribe, found herself at the forefront of this struggle when she was suddenly disenrolled and evicted from her home. This article will delve into the complex and often fraught world of tribal disenrollment, exploring the motivations behind this practice and the devastating consequences it has on individuals, families, and communities.

The Complexities of Tribal Disenrollment

Tribal disenrollment is a process by which a tribe removes individuals or families from its membership rolls. This can occur for a variety of reasons, including lineage disputes, residency requirements, or allegations of fraud. However, in recent years, disenrollment has become increasingly tied to issues of money, power, and greed. As tribes have gained greater control over their own affairs, including the management of casinos, hotels, and other lucrative businesses, the stakes for membership have grown exponentially. In the case of the Nooksack Indian Tribe, the dispute centers on the question of who is truly a descendant of the tribe's original members. However, critics argue that the real motivation behind the disenrollments is to consolidate power and control over the tribe's lucrative businesses.

For example, the Nooksack Indian Tribe operates a successful casino, which generates significant revenue for the tribe. However, this revenue is only distributed to enrolled members, creating a strong incentive for the tribe to limit its membership. By disenrolling certain individuals or families, the tribe can reduce the number of people eligible for a share of the revenue, thereby increasing the amount each remaining member receives. This practice has been criticized as a form of "economic cleansing," where tribes use disenrollment as a means to eliminate members who are perceived as a threat to the economic interests of the tribe's leadership.

The Human Cost of Disenrollment

The consequences of disenrollment can be devastating for those affected. Not only are individuals stripped of their tribal membership, but they are also often forced to leave their homes on tribal land. This can result in the loss of cultural heritage, community ties, and a sense of identity. Elizabeth Oshiro's story is a powerful example of the human cost of disenrollment. As a member of the Nooksack Indian Tribe, she was part of a community that had been her family for her entire life. However, when she was disenrolled, she was suddenly forced to leave her home and start over. The emotional toll of this experience cannot be overstated, as Oshiro and others like her are left to pick up the pieces of their shattered lives.

According to statistics, the number of disenrollments has increased significantly in recent years. A study by the Native American Rights Fund found that between 1995 and 2015, over 8,000 individuals were disenrolled from their tribes. This number is likely an underestimate, as many cases of disenrollment go unreported. The study also found that the majority of disenrollments occurred in tribes with significant economic resources, such as casinos or gaming operations. This suggests that the motivation behind disenrollment is often economic, rather than a genuine concern for the tribe's cultural or historical heritage.

The Role of Federal and State Governments

The federal and state governments have a significant role to play in addressing the issue of tribal disenrollment. The Indian Civil Rights Act of 1968, which applies to federally recognized tribes, provides certain protections for tribal members, including the right to due process and equal protection under the law. However, the enforcement of these protections is often inconsistent, and tribes are frequently able to disenroll members without sufficient oversight or accountability. The Bureau of Indian Affairs, which is responsible for overseeing tribal affairs, has been criticized for its lack of action on this issue.

In recent years, there have been efforts to increase transparency and accountability in the disenrollment process. For example, the Indian Civil Rights Act has been amended to require tribes to provide written notice to members who are being considered for disenrollment. Additionally, the Bureau of Indian Affairs has established a process for tribal members to appeal disenrollment decisions. However, these efforts are often met with resistance from tribes, which argue that they have the sovereign right to determine their own membership.

Case Studies and Examples

There are several case studies and examples that highlight the complexities and challenges of tribal disenrollment. One notable example is the case of the Cherokee Nation, which has been embroiled in a long-standing dispute over the membership status of the Freedmen, a group of African Americans who were freed from slavery by the Cherokee Nation during the Civil War. The Cherokee Nation has argued that the Freedmen are not eligible for tribal membership, despite the fact that they have been part of the tribe for over a century. This dispute has resulted in a significant number of disenrollments, with many Freedmen being forced to leave their homes and communities.

Another example is the case of the Grand Ronde Tribe, which has been criticized for its aggressive disenrollment policies. The tribe has disenrolled over 50 members in recent years, many of whom have been vocal critics of the tribe's leadership. This has raised concerns about the use of disenrollment as a means of silencing dissent and consolidating power.

Conclusion

The issue of tribal disenrollment is a complex and multifaceted one, driven by a variety of factors, including money, power, and greed. The consequences of disenrollment can be devastating for those affected, resulting in the loss of cultural heritage, community ties, and a sense of identity. As the federal and state governments continue to grapple with this issue, it is essential that they prioritize the rights and interests of tribal members, ensuring that disenrollment is only used as a last resort and that those affected are provided with adequate support and resources.

In the case of Elizabeth Oshiro and the Nooksack 306, their story serves as a powerful reminder of the human cost of disenrollment. As we move forward, it is essential that we prioritize the needs and interests of tribal members, working to create a more just and equitable system that respects the sovereignty of tribes while also protecting the rights of individuals. By doing so, we can help to prevent the kind of trauma and devastation that Oshiro and others have experienced, and work towards a brighter future for all members of Indian Country.

Ultimately, the issue of tribal disenrollment requires a comprehensive and nuanced approach, one that takes into account the complex historical, cultural, and economic factors that drive this practice. By working together, we can create a more just and equitable system that respects the sovereignty of tribes while also protecting the rights of individuals. This will require significant effort and commitment, but the rewards will be well worth it: a stronger, more resilient Indian Country, where all members can thrive and reach their full potential.