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Coeur d'Alene Tribe rejects Justice Department's use of 1884 case in birthright citizenship debate

HAILEY HILL | Hagadone News Network | UPDATED 1 day, 10 hours AGO
by HAILEY HILL
Staff Writer | January 29, 2025 1:06 AM

COEUR d’ALENE — The Coeur d’Alene Tribe reiterated the sovereignty of its Tribal members in a statement following President Donald Trump’s executive order that seeks to end birthright citizenship.

The executive order, which has been challenged in 22 states, ends birthright citizenship for children born to people who are not citizens.

During a federal court district court hearing in Seattle last week, the Justice Department’s legal defense invoked the 1884 case of Elk v. Wilkins, arguing the case set a precedent that shows "birth in the United States does not by itself entitle a person to citizenship."

Elk v. Wilkins also argued that Tribal members are born as members of their Tribes and not as citizens of the U.S., Coeur d’Alene Tribe’s legislative director Tyrel Stevenson explained.

Stevenson described the Tribes being included in the birthright citizenship discussion as “irresponsible, offensive, and wrong.”

“Congress explicitly settled the question of whether Tribal members were citizenships in 1924,” Stevenson said, referencing the Synder Act of 1924, or the Indian Citizenship Act. “It’s ironic that we’re around the 100-year mark of this case.”

The Tribe’s statement emphasized their commitment to “protecting and advancing the interests of the Tribe,” and said that nothing has changed for the Tribe at this time.

“Our government-to-government relationships are essential to making sure the Coeur d’Alene Tribe’s voice is heard, respected, and understood,” the statement reads. “These relationships are built on our sovereignty, and we will never waver in defending what is ours.”

The Shoshone-Paiute and Shoshone-Bannock Tribes, both of Southern Idaho, also similar released statements.

“We’re seeing a lot of changes, and people have concerns,” Stevenson said.

As for the debate over birthright citizenship, “I am confident that it is going to work itself out in court,” Stevenson said.

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