Laws of Native American Citizenship
- Native Americans have dual citizenship, U.S. and tribal.old glory & native american flags image by Yorkie Paul from Fotolia.com
Native Americans were finally granted United States citizenship in 1924. The Indian Citizenship Act gave Native Americans full citizenship in the U.S., and allowed them to retain tribal citizenship too. Today, Native Americans continue to hold dual citizenship. Attaining U.S. citizenship is guaranteed by birth. Attaining tribal citizenship depends on blood and heritage, and the rules governing it vary by tribe. - Though the United States Constitution guarantees citizenship to all those born on American soil under the Fourteenth Amendment, a qualifying clause, "subject to the jurisdiction thereof," originally excluded Native Americans, who resided on reservation land under their own governments and tribal councils.
In 1924, President Calvin Coolidge stood with Native American tribal leaders on the White House lawn and signed into law the Indian Citizenship Act, granting full citizenship to all Native American peoples. The law also allowed Native Americans to retain their tribal citizenship, which previously they were forced to forfeit in order to gain U.S. citizenship. It would be another 20 years, however, before Native Americans would be allowed to vote. - The rules to obtain tribal citizenship vary by tribe, and are entirely self-determined by the relevant tribal council.
The blood quantum method is common among tribes to determine Native American citizenship. This method requires applicants to show documented proof of blood links to Native Americans. Different tribes have varying requirements as to the degree of relationship required. Some tribes require members to be at least one-quarter Native, where others require only one-eighth Native blood. Tribal councils will assist in the gathering of documentation for applicants to prove their blood links. - Not all tribes utilize the blood quantum method to determine Native American citizenship. For example, the Cherokee Nation does not require a blood quantum. According to Cherokee Nation Facts, to be considered a Cherokee citizen, a person should be able to trace his heritage to at least one Indian ancestor listed on the Dawes Rolls. The Dawes Rolls is the 1906 federal census of Native Americans. Some say the Dawes Rolls rule has allowed the Cherokees to become one of the largest Native American tribes. According to Cherokee Nation Facts, the tribe is one of the most diverse, with multi-racial citizens of European, African and Hispanic heritage.
According to the Native American Constitution and Law Digitization Project, however, many federal programs designed for the benefit of Native Americans require blood quantum evidence for eligibility, even if the tribes do not.
1924 Indian Citizenship Act
Tribal Citizenship Laws: Blood Quantum
Tribal Citizenship Laws: Dawes Rolls
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