Some native scholars have argued that although belonging in Native nations was historically a matter of kinship, it has become increasingly legalistic.[1][2] Research found that nearly 80 tribes across 20 states have engaged in disenrollment as of 2016.[1] While some tribal leaders assert that disenrollments are meant to correct tribal rolls and protect the integrity of the tribe,[3][4] others argue that empirical data shows they are politically and economically motivated.[1][5][4][6]
Article 9 of the UN Declaration on the Rights of Indigenous Peoples states: "Indigenous peoples and individuals have the right to belong to an indigenous community or nation, in accordance with the traditions and customs of the community or nation concerned." No discrimination of any kind may arise from the exercise of such a right. Article 33 of that UN states that "Indigenous peoples have the right to determine their own identity or membership in accordance with their customs and traditions."[7][8] Individual and tribal rights clash in the disenrollment context.
Chickahominy people family members who were phenotypically Black presenting or married Black partners were dropped from genealogies and membership rolls [13]
Confederated Tribes of the Grand Ronde-in 2013 86 descendants of Tumulth disenrolled because ancestor is not on the restoration roll-he was executed by the US Army in 1855[15][16] (Note: Disenrollment reversed August 6, 2016)[17][18]
Elem Promo Indian Colony - 132 members proposed for disenrollment[19] (Note: Disenrollment action withdrawn March 30, 2017)[20]
Hopland Band of Pomo Indians - 74 fully documented and legitimate descendants of a Hopland Distributee (Marian and William Wilder) were disenrolled for "errors in processing enrollment applications".
Mattaponi have historically disenrolled members who were phenotypically black or married black people. They still today pass around pictures of applicants and reject enrollment based on phenotype. [22]
Pamunkey has had on the books until 2012 that they would enroll anyone who married black people. They were almost blocked from federal recognition due to an inquiry from the Congressional Black Caucus. The tribe continues to deny citizenship to families who have been historically removed due to the "Black" law. [37]
Picayune Rancheria of the Chukchansi over 50 descendants of Jack Roan "disenrolled"[40][41][21]
Rappahannock people have a historical and continual practice of disenrolling and disavowing Rappahannock of Black phenotype and Black marriages. Their constitution, until recently, explicitly forbid marriages with Black people or disenrollment. One of the most prominent cases is Loving v. Virginia, where Mildred Loving was disavowed from the tribe because of the national attention on her black ancestry. [42][43]
Redding Racheria-formal Tribal Chairman Edward Foreman and descendants "disenrolled" 2004 over question of mother's lineage[44][45]
Robinson Ranchiera of Pomo Indians (California)-In 2017 "...reinstated several dozen members who were disenrolled nearly a decade ago by corrupt tribal leaders who left the tribe millions of dollars in debt."[46]
St Croix Chippewa-10 disenrolled for Blood quantium[51]
In 2016 a website called "Stop Disenrollment" was set up by Native Peoples.[52][53]
In 2017 it is reported that an estimated 9,000 members of 72 native tribes have been disenrolled[54][55]
In 2020 it is estimated that nearly 10,000 members of 85 [out of 574 federally acknowledged tribes] have been disenrolled over 15 years.[56]
