ICT Staff

A bill calling for federal Immigration and Customs Enforcement officers to respect and accept tribal identification as proof of United States citizenship was introduced in Congress Tuesday.

Reps. Sharice Davids, D-Kansas, Don Bacon, R-Nebraska, and Teresa Leger Fernández, D-New Mexico, and Sen. Ben Ray Luján, D-New Mexico, co-sponsored the bipartisan Respect Tribal IDs Act to improve how Department of Homeland Security personnel recognize and interact with tribal identification documents during immigration enforcement.

The legislation comes amid growing reports of Native Americans being questioned, delayed, or detained after federal officers failed to recognize valid tribal IDs and documentation as proof of citizenship.

“Tribal sovereignty is a legal and constitutional recognition of Tribal Nations and their citizens, and the federal government has a responsibility to respect that,” said Davids, a citizen of the Ho-Chunk Nation of Wisconsin, in a statement. “But lately, we’ve seen troubling reports of Native Americans being questioned or detained because federal officers lacked the training needed to recognize tribal documentation or understand Tribal Nation citizenship. This bipartisan bill is about preventing those failures, improving training and accountability, and making sure all people are treated with the dignity and respect they deserve.”

The Respect Tribal IDs Act would require DHS, in coordination with the Bureau of Indian Affairs and tribal nations, to develop standardized training for officers and employees involved in immigration enforcement. The training would include how to identify tribal documents, when tribal IDs qualify as proof of U.S. citizenship, proper protocols for interacting with enrolled tribal members, and the federal government’s trust responsibility to tribal nations.

The bill also requires DHS to create region-specific guidance and reference materials for officers, including examples of tribal IDs used by federally recognized tribes in areas where agents operate. Officers would be required to complete the training annually and whenever they are reassigned to a new region.

Secretary of the Department Homeland Security Markwayne Mullin is a citizen of the Cherokee Nation. He was confirmed as the first Native American to lead the department in March and the second Native American to lead a federal cabinet-level agency.

ICT reached out to DHS and did not hear back immediately.

“The Respect Tribal IDs Act is a commonsense bill to ensure DHS personnel are properly trained to recognize Tribal IDs and work respectfully with Tribal communities,” said Rep. Bacon in a statement. “Federal agencies have a responsibility to protect and support Tribal citizens, and this legislation helps ensure they do that.”

Rep. Fernandez agreed.

“We’ve seen Trump’s Department of Homeland Security violate the rights of the first Americans countless times. Indigenous people in New Mexico and across the country have been unfairly questioned, harassed, and detained. This bill will require that DHS officers be trained to recognize Tribal IDs and prevent wrongful detentions,” she said. Fernández is the ranking member of the Subcommittee on Indian and Insular Affairs. “All law enforcement officials must respect tribal governments and the documents they provide their citizens. ICE and CBP agents must follow the law  and respect tribal sovereignty.”

The bill also has support in the Senate.

“In New Mexico and across the country, our Tribal brothers and sisters deserve to be treated with dignity and respect,” said Sen. Luján, a member of the Senate Committee on Indian Affairs. “Under the Trump Administration, we’ve seen disturbing incidents where Tribal members were stopped, questioned, and harassed by ICE officers simply because of their appearance or because officers failed to recognize their Tribal IDs. That is unacceptable and deeply wrong. To address these failures, my legislation would establish clear standards and ensure DHS officers are properly trained to recognize and accept Tribal IDs. No one should have to fear being harassed because of a failure in training or accountability.”

The legislation follows multiple high-profile incidents and reports involving Native Americans whose tribal documentation was reportedly rejected or questioned during federal enforcement encounters.

Tribal leaders and advocates have raised concerns that inconsistent training and lack of familiarity with tribal IDs have contributed to wrongful stops and confusion involving U.S. citizens, particularly in border states and regions with large Native populations.

The legislation seeks to establish clearer standards and prevent future incidents by ensuring federal personnel are properly trained before conducting enforcement activities.

“The National Congress of American Indians supports this legislation to ensure that federal agents within the U.S. Department of Homeland Security are properly trained to recognize and respect Tribal identification documents,” said Larry Wright, who is executive director of the organization. “Too often, the lack of consistent training has led to confusion, delays, and the improper treatment of Tribal citizens. By requiring comprehensive training on Tribal IDs, this bill affirms the validity of Tribal governments and strengthens the federal trust responsibility. NCAI urges its passage to promote respectful interactions, enhance security, and uphold the rights of Tribal citizens.”

John E. Echohawk, executive director of the Native American Rights Fund, said this legislation is much needed.

“We’ve seen federal immigration agents reject valid Tribal IDs and question the citizenship of Native people — something that should never happen,” he said. “Tribal IDs are official documents issued by sovereign Tribal Nations and must be recognized as such. The Respect Tribal IDs Act provides a common-sense, bipartisan fix by ensuring agents are properly trained to identify and accept these documents and understand the federal trust responsibility. We strongly support Sharice Davids’ leadership on this issue, alongside the National Congress of American Indians. This bill will help prevent unlawful detentions and protect Native citizens.”

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