Mexico Issues Travel Advisory re: Arizona

From the AP:

The Mexican government warned its citizens Tuesday to use extreme caution if visiting Arizona because of a tough new law that requires all immigrants and visitors to carry U.S.-issued documents or risk arrest.

President Barack Obama also criticized the law, saying it could lead to harassment of Hispanics, and he called for bipartisan support to fix America’s broken immigration system. Two senior officials in his government said the Arizona law may face a legal challenge by federal authorities.

“Now suddenly if you don’t have your papers, and you took your kid out to get ice cream, you’re going to get harassed — that’s something that could potentially happen,” the U.S. president said of the measure. “That’s not the right way to go.”

Arizona’s law — slated to take effect in late July or early August — makes it a state crime to be in the U.S. illegally and allows police to question anyone they suspect of being an illegal immigrant. Lawmakers said the legislation, which has sparked huge protests and litigation, was needed because the Obama administration is failing to enforce existing federal laws.

Mexico’s Foreign Ministry issued a travel alert for Arizona after the law was signed, warning that its passage shows “an adverse political atmosphere for migrant communities and for all Mexican visitors.”

The alert said that once the law takes effect, foreigners can be questioned at any moment and detained if they fail to carry immigration documents. And it warns that the law will also make it illegal to hire or be hired from a vehicle stopped on the street.

Materials in Opposition to Cape Wind Project from Gay Head Wampanoag

The decision’s in but surely there will be litigation.

Here are some interesting materials in opposition to the project, sent to us by the Gay Head Wampanoag:

Chair Cape Winds ACHP to MMS Letter 11-18-09

Chair Cape Wind Correspondence Documentation As of 03-29-10

Chair Cape Wind ACHP Final Comments to Deny Permit 04-02-10

Chair Cape Wind Letters of Support Through 04-09-10

Chair Cape Winds Legal Opinion SG 03-29-10

Obama Nominates Tracie Stevens to be NIGC Chair

Here:

WASHINGTON – Today, President Barack Obama announced his intent to nominate the following individuals to key administration posts:

  • Tracie Stevens, Chair, National Indian Gaming Commission, Department of the Interior
  • Malcolm D. Jackson, Assistant Administrator for Environmental Information, Environmental Protection Agency

President Obama said, “The American people will be well-served by the skill and experience these two exceptional individuals will bring to their roles. I am confident that they will be tremendous assets to my administration, and I look forward to working with them in the coming months and years.”

President Obama announced his intent to nominate the following individuals to key administration posts:

Tracie Stevens, Nominee for Chair, National Indian Gaming Commission, Department of the Interior

Tracie Stevens has been the Senior Advisor to the Assistant Secretary for Indian Affairs at the U.S. Department of Interior since July 2009. In this role, Ms. Stevens provides policy guidance to the Assistant Secretary regarding tribal issues such as gaming, law enforcement, energy, tribal consultation, economic development, land-into-trust, tribal government disputes, budget priorities, and treaty and natural resource rights. She has also been active in rebuilding the nation-to-nation relationship between Tribes and the Department of Interior. Ms. Stevens is a member of the Tulalip Tribes in Washington State. From 2006 to 2009, Ms. Stevens was a Senior Policy Analyst with the Tulalip Tribe’s government affairs office. Prior to that, she served as a Legislative Policy Analyst (2003-2006) and as Executive Director of Strategic Planning for the Tulalip Casino (2001-2002). In her capacity as Senior Policy Analyst with the Tulalip Tribes, Ms. Stevens also served as the Chair of the Gaming Subcommittee for the Affiliated Tribes of Northwest Indians (2003-2009), the Secretary of the Board of the Directors for the Washington Indian Gaming Association (2002-2009) and as the Northwest Delegate for the National Indian Gaming Association (2003-2009). Ms. Stevens holds a Bachelor of Arts in Social Sciences from the University of Washington-Seattle.

Oneida v. Madison County News Coverage

From How Appealing:

“Court: Oneida Indian Nation can ignore tax collector.” Today’s edition of The Post-Standard of Syracuse, New York contains an article that begins, “When the U.S. Supreme Court ruled in 2005 that the Oneida Indian Nation had to pay property taxes, much of Madison and Oneida counties rejoiced. A federal appeals court on Tuesday, however, stripped the counties of the power to actually collect those taxes. A panel of the 2nd Circuit Court of Appeals said that, while the tribe might owe taxes, it can’t be taken to court because it’s sovereign.”

The Oneida Daily Dispatch reports today that “Court rules that Madison and Oneida counties can’t foreclose on Oneida Indian Nation land.”

And The Utica Observer-Dispatch contains an article headlined “US judges: Counties can’t foreclose on Oneidas.”

Eagle Rock News Coverage

Here and here.

Plus, a new blog dedicated to the ongoing protest against Kennecott Mining Company.

Thanks to A.K.

Lonny Winrich on the UND Name Change

From the Grand Forks Herald:

GRAND FORKS — If there’s one thing that’s clear in all the fog surrounding the Fighting Sioux name controversy, it’s that the Board of Higher Education has the authority to decide what will be done.

That’s what the North Dakota State Constitution says, as interpreted by the North Dakota Supreme Court. The court’s ruling also serves as a reminder that a modern democratic government is constrained by a constitution that delimits its powers.

Democracy is not to be found in a spontaneous plebiscite whenever there is an unpopular decision. Democracy means governing by the requirements of a constitution.

This brings up another point: The Standing Rock Sioux Tribe also is governed by a constitution. That constitution has no provision for — and gives no official standing to — the proposed referendum.

If the Standing Rock Sioux Tribe is allowed to vote, any interpretation of the results will owe more to a hyperactive media than to any lawful authority. The duly elected tribal council speaks for the tribe, and I think the board has been wise to base its decisions on the actions of the tribal council.

The board has dealt with a very difficult and contentious issue. I doubt there is anyone, including board members, who is happy with all the twists and turns this problem has taken.

But the board has made its decision — which only it can do — based on a thoughtful consideration of all aspects of the issue. As North Dakotans, we cannot expect more from our public officials.

I, for one, want to express my thanks to the board members for their service in this tough situation.

Lonny Winrich

Winrich, a Democrat, represents District 18 in the North Dakota House.

South Dakota Transportation Commission Finally Earmarks $$$ To Implement Pourier Decision

News article here.

The South Dakota Supreme Court’s most recent decision in the Pourier litigation is here.

Lac du Flambeau Band Press Release on Wells Fargo Decision

Here: Vacate Decision Press Release

Little Traverse Tribal Court Opinions in Election Disputes

Available here.

Kim Teehee Remarks before the United Nations

Remarks of Kimberly Teehee, Senior Policy Advisor for Native American Affairs, White House Domestic Policy Council, at the United Nations Permanent Forum on Indigenous Issues

Kimberly Teehee
Senior Policy Advisor for Native American Affairs

New York, NY
April 22, 2010

FOR IMMEDIATE RELEASE
Good afternoon, I am honored to be with you today. I want to begin by thanking the members of the Permanent Forum and representatives of the indigenous peoples, many of whom have travelled great distances to participate in this event. Your commitment to address the many important issues that indigenous peoples face around the world is remarkable.

At the outset of my remarks, I want to acknowledge that the United States has a unique legal and political relationship with 564 federally recognized Indian tribes, established through and confirmed by the Constitution of the United States, treaties, statutes, executive orders, and judicial decisions. President Obama is committed to strengthening and building on the government-to-government relationship between the United States and Indian tribes.

Tribal communities have contributed greatly to America’s cultural, social, and political traditions. Throughout our land, we have a diversity of indigenous cultures with rich religious traditions. Native religious practices and their expression through song and dance endure and flourish despite wayward attempts to extinguish them during less enlightened times. Tribal cultural practices add to the fabric of the United States.

From the American Revolution to military missions in Iraq and Afghanistan, Native people have served valiantly in the Armed Forces of the United States. Many brave Native men and women have made the ultimate sacrifice fighting and shedding blood for this country.

In so many ways, the First Americans have added to the wealth and betterment of the United States and the American people. Despite the contributions they have made, we have not always responded in kind. All too often, federal policies undermined the ability of Indian tribes to build strong, self-sufficient and self-governing tribal communities. When the United States adopted misguided policies, the First Americans suffered greatly.

The history of our First Americans is a history that we must acknowledge to avoid repeating our mistakes. The Native people once owned this continent and they were often dispossessed of their lands by threat of war or unbridled encroachment in the name of westward expansion. When Native people stood in the way, they were often forcefully removed. Many Americans have heard of the brutality of the Cherokee Removal called the Trail of Tears. But the Cherokees were not alone as vast communities throughout the east from New York to Florida were moved at the tip of the bayonet – their homelands forever taken.

When their tribal lands were dramatically diminished, the United States adopted a policy aimed to acculturate American Indians by breaking up their remaining tribal lands into individual allotments. There were other misguided attempts at forced assimilation – outlawing of Native religions as well as dance and song, taking of Indian children and forcing them into boarding schools which banished their language, dress, and ways of their people. The federal policy of termination was designed to end the political existence of tribal governments. In this history, there are important lessons and guidance from destructive policies that sunk tribal communities deeper into the cycle of poverty and despair.

Experience also shows us the type of policies that build the foundation for tribal communities to flourish culturally, socially and economically. Our more recent history demonstrates that tribal self-determination – the ability of tribal governments to determine how to build and sustain their own communities is necessary for successful and prospering communities. The federal policy of tribal self-determination is guided by the deep and abiding belief that tribal governments are in the best position to decide the direction of their future.

More than forty years since the United States adopted this policy of greater tribal autonomy, the record is clear—tribal self-determination has been successful. It has enabled tribal governments to establish, develop and enhance tribal institutions and infrastructure ranging from those addressing the health, education and welfare of their communities to those such as tribal courts, fire protection and law enforcement which have allowed them to better protect their communities. The clear lesson is that empowering tribes to deal with the challenges they face and taking advantage of the available opportunities will result in tribal communities that thrive.

Despite the success of this policy, the devastating consequence of the past still haunts us. Tribal communities still suffer among the most challenging socioeconomic conditions. Some reservations face unemployment rates of up to 80 percent. Nearly a quarter of all Native Americans live in poverty. Approximately 14 percent of homes on reservations don’t have electricity; and 12 percent don’t have access to a safe water supply.

Poverty often breeds crime. Native communities are faced with an increase of youth gangs engaged in drug trade. Some tribes have experienced rates of violent crime twice, four times, and at times more than 10 times the national average. Most tragically is the fact that one in three Native women will be raped in their lifetimes, which President Obama called this “an assault on our national conscience that we can no longer ignore” when he addressed tribal leaders at the White House Tribal Nations Conference last year.

Perhaps the greatest victims of poverty and violent crime on reservations are the children. Native Americans face some of the lowest matriculation rates and the highest high school and college dropout rates.

In addition, Native Americans face disproportionate health disparities compared to the general population. Native Americans die of illnesses like tuberculosis, alcoholism, diabetes, pneumonia, and influenza at far higher rates than the rest of the population.

Though our challenges are difficult, our future is far from bleak. President Obama believes that tribal leaders must be part of the solution if we are going to address the needs of Native Americans. We must begin a new era in the United States’ relationship with tribal governments, one that is built on mutual respect. By working together, on a government-to-government basis, we can realize a future where Native people live long and healthy lives in safe communities, are able to pursue economic self-sufficiency, and where their children and grandchildren can have an equal opportunity at pursuing the American dream.

To address the myriad challenges facing tribal communities, we have taken a number of steps to strengthen the government-to-government relationship between the United States and Indian tribes.

First, President Obama promised greater engagement with tribal leaders. In November, the President invited representatives from each of the 564 federally recognized Indian tribes to attend a White House Tribal Nations Conference. Nearly 400 tribal leaders attended, making it the most widely attended interactive White House tribal meeting with the President, Cabinet Secretaries, senior officials, and Members of Congress in history. The White House held listening sessions with tribal leaders and representatives from tribal organizations on health care, energy development, tribal consultation, job creation and education. The level of engagement with tribal leaders is extraordinary and continues outside of Washington, D.C. Our federal agencies are engaged in unprecedented outreach to tribal communities.

Second, President Obama believes Native Americans need representation in the Federal government to properly reflect their needs and views. History has shown that failure to include voices of tribal officials in formulating policy affecting their communities has all too often led to undesirable and, at times, devastating tragic results. To ensure that Native Americans are represented in this Administration, President Obama appointed Larry Echo Hawk of the Pawnee Nation as Assistant Secretary of the Interior for Indian Affairs, Dr. Yvette Roubideaux of the Rosebud Sioux tribe as the Director of the Indian Health Service, Hilary Tompkins of the Navajo Nation as the Solicitor of the Interior, Lillian Sparks of the Rosebud and Oglala Sioux Tribes as Commissioner for the Administration for Native Americans, Mary McNeil of the Winnebago Tribe as Deputy Assistant Secretary for Civil Rights for the United States Department of Agriculture, and Jodi Gillette of the Standing Rock Sioux Tribe as Deputy Associate Director of the White House Office of Intergovernmental Affairs. Working with tribal leaders, this team is helping shape federal policies that impact tribal communities.

Third, President Obama is committed to regular and meaningful consultation with tribal leaders. Marking a new era in the United States’ relationship with tribal governments, the President signed a Memorandum on November 5, 2009, directing every federal agency to develop a plan to fully implement Executive Order 13175, “Consultation and Coordination with Tribal Governments.” This Order mandates that all agencies have an accountable process for meaningful and timely input by tribal officials in the development of regulatory policies that have tribal implications. The federal agencies are implementing consultation plans and the level of tribal consultation is at historic levels.

Fourth, President Obama recognizes that a comprehensive response to address the needs of tribal communities means federal agencies must work together. Federal officials across various agencies are working together on a wide range of issues to improve the lives of Native Americans.

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