Law360 (February 21, 2025, 7:41 PM EST) — A coalition of Democratic senators is urging Department of Homeland Security Director Kristi Noem to issue guidance to Immigration and Customs Enforcement agents on acceptable forms of tribal identification as proof of U.S. citizenship, arguing that immigration raids have stoked fear and panic for many Indigenous citizens.
U.S. Sens. Martin Heinrich, D-N.M., and Brian Schatz, D-Hawaii, vice chairman of the Indian Affairs Committee, along with 13 of their Democratic colleagues, said in a Tuesday letter to Noem that they’re concerned about reports of U.S.-born citizens of federally recognized tribes being stopped and questioned by ICE agents on suspicion of being undocumented migrants.
“These incidents have stoked fear and panic for many tribal citizens living on and off reservation, resulting in at least one tribal government issuing its own guidance and standing up a citizen hotline to report incidents and receive assistance,” the lawmakers said in the Tuesday letter. “Whether it is simple ignorance or worse — outright disrespect for and harassment of tribal citizens — ICE’s law enforcement tactics reflect an abdication of U.S. trust and treaty responsibility with tribal nations and their citizens, and cannot stand.”
In addition to Heinrich and Schatz, the letter is signed by Democratic U.S. Sens. Patty Murray of Washington, Ron Wyden of Oregon, Mark Warner of Virginia, Jeff Merkley of Oreton, Michael Bennet of Colorado, Kirsten Gillibrand of New York, Tim Kaine of Virginia, Catherine Cortez Masto of Nevada, Tina Smith of Minnesota, Ben Ray Luján of New Mexico, John Hickenlooper of Colorado and Alex Padilla of California). U.S. Sen. Angus King, a Maine independent, also signed off on the letter.
The lawmakers are also urging Noem to communicate and consult with tribal governments to ensure that they are given timely and accurate information to inform and protect their citizens from unnecessary searches, interrogation and detention related to immigration enforcement.
Indigenous individuals born in the United States are natural-born citizens, as well as members of their sovereign federally recognized tribes, they said in the letter, and as such may possess multiple forms of identification.
However, it is not uncommon for tribal citizens to carry only their tribal government-issued identification, which is often accepted as valid proof of U.S. citizenship for purposes of federal benefits, the lawmakers said.
In addition to consulting with, and issuing guidance for, tribes on what forms of identification ICE will accept as valid proof of U.S. citizenship, the lawmakers are also asking Noem to require DHS to issue internal guidance for ICE agents on how to lawfully engage with federally recognized tribes and their citizens, including on reservation lands.
They are asking Noem to provide answers on whether ICE policy accepts certificates of Indian blood, tribal enrollment or other tribal identification documents as valid proof of U.S. citizenship.
In addition, they want answers as to what training ICE agents receive on forms of valid identification and documentation of U.S. citizenship for enrolled tribal members and interaction with those citizens; actions taken to ensure the rights of tribal citizens are being upheld; and how ICE justifies the use of taxpayer dollars and its limited resources to conduct enforcement actions involving U.S.-born citizens of federally recognized tribes.
According to the letter, the lawmakers are asking the director to provide an estimated cost of ICE enforcement actions within reservation boundaries since President Donald Trump issued a series of sweeping immigration policy orders on his first day in office.
The orders declared a national emergency at the southern border that allows the administration to deploy U.S. military forces and National Guard members to assist DHS.
Noem is also urged in the letter to provide answers on whether ICE enforcement actions will occur within community locations such as schools, hospitals, clinics and religious institutions on tribal lands, including trust land, restricted fee and fee simple lands or areas off tribal lands.
“What implications do ICE enforcement actions have for tribal nations whose historic lands transcend the U.S.-Mexico and U.S.-Canada borders, including tribes with members living in Mexico or Canada and/or having transborder migratory privileges using special identification documents, such as the Tohono O’odham Nation and the Kickapoo Traditional Tribe of Texas?” they asked.
They are asking that Noem respond to the inquiry no later than March 4.
Last month, a group of Democratic lawmakers, including Heinrich, sent a letter to Trump demanding immediate action to address reports of ICE agents harassing, detaining and questioning Native American tribal members about their citizenship.
“Native American tribal members are United States citizens. Stopping people because of what they look like — with dark skin, Asian, Latino or Native American characteristics — is never acceptable,” the lawmakers wrote. “ICE’s dangerous behavior of harassing American citizens, seemingly only due to the way they look, is unconstitutional and un-American.”
The letter sounded the alarm about reports of ICE agents targeting Native Americans in multiple states.
“Your administration’s actions and policies are quickly spreading fear in communities that have existed since time immemorial. It is unconscionable to question their citizenship and cause them to live in fear,” the lawmakers wrote.
A representative from DHS couldn’t immediately be reached for comment on Friday.
–Editing by Rich Mills.