Native Americans born in the United States are recognized as U.S. citizens, a status that has been protected by federal law since 1924. This means that Immigration and Customs Enforcement (ICE) does not have the authority to detain or deport Native Americans for immigration violations. A recent Executive Order issued on January 20, 2025, by President Trump titled “Protecting the Meaning and Value of Birthright Citizenship” has sparked discussions about the Fourteenth Amendment but does not target Native American citizenship.
The American Civil Liberties Union (ACLU) has partnered to develop a FAQ sheet addressing these concerns. The document clarifies several key points regarding Native American citizenship and ICE's lack of authority over them.
Under longstanding federal law, Native Americans born in the United States are indeed U.S. citizens. However, the new Executive Order seeks to strip citizenship from children born in the United States to non-citizen or non-lawful permanent resident parents. This action has raised questions related to historical interpretations of birthright citizenship under the Fourteenth Amendment.
Historically, court cases such as Elk v. Wilkins in 1884 ruled that Native Americans did not qualify for birthright citizenship under this amendment at that time. However, Congress guaranteed birthright citizenship to all Native Americans born in the United States starting in 1924.
The FAQ also advises individuals on how to respond if questioned by ICE regarding their citizenship status: they have the right to remain silent and should carry identification documents such as a Tribal ID or U.S. passport.
While some lawsuits challenging President Trump's Executive Order mention past periods when Native Americans were denied birthright citizenship, there is no current attempt by any government entity to revoke their rights today.
Furthermore, connections between ongoing struggles for noncitizens' children's rights and those historically faced by marginalized groups like Native Americans are acknowledged. These struggles have shaped interpretations of constitutional clauses related to citizenship rights over time.
For more detailed information about legal rights concerning encounters with immigration officials or further insights into specific cases involving Native American rights and broader issues surrounding Indigenous justice work, resources can be accessed through relevant organizations like NARF and ACLU.
