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The 5 Statuses of American Indians
by General Neesu Wushuwunoag
July 29, 2020
5 statuses of American Indians
- All American Indians are US Citizens per the Snyder Act of 1924 (8 USC 1401(b));
- 8 USC 1401(b) acknowledges dual citizenship status of American Indians (tribal property);
- American Indian status is dependent upon a) the individual American Indian’s relationship with an American Indian Tribe, and b) the American Indian Tribe‘s relationship with the State/US.
1) Misclassified Indians (MI): American Indians who have been able to document that they/their ancestors were reclassified to statuses such as “Negro, Colored, Mulatto, Mestizo, Mustee, White, etc...”, but have not legally/lawfully reclassified from these statuses to “American Indian.” MI may not be aware of what specific tribal nation(s) they descend from, and typically have no formal ties established to any American Indian tribe. MI do not possess dual citizenship status under US Law and are subject to State and Federal jurisdiction.
2) Rural/Urban Indians (RUI): American Indians living in urban/rural areas who may have formal ties to an American Indian Tribe but the Tribe does not exist commercially or is established under domestic jurisdiction (e.g nonprofit, LLC, LLP, C Corp, etc...). RUI do not possess dual citizenship status under US Law and are subject to State and Federal jurisdiction.
3) State Recognized American Indians (SRAI): American Indians that have formal ties to American Indian Tribes that have established a recognition relationship with a State. SRAI are legally classified as “Native American” and are entitled to certain rights while on reservation lands. Tribe may have treaty rights, but is considered a “County” of the State. SRAI possess dual citizenship status but are subject to State and Federal jurisdiction when off reservation.
4) Federally Recognized American Indians (FRAI): American Indians that have formal ties to American Indian Tribes that have established a recognition status with the US through a “deed for trust” relationship. FRAI are legally classified as “Native American” and are entitled to certain rights while on reservation lands. Tribe may have treaty rights, but is considered a “Domestic Dependent Nation” of the US. FRAI possess dual citizenship status but are subject to State and Federal jurisdiction when off reservation.
5) “Indian Not Taxed” (INT): American Indians that have formal ties to American Indian Tribes that are party to colonial era treaties, that have not abrogated their treaty rights or sovereign status, and that have established “commercial viability” outside of US jurisdiction. INT are considered “Foreign National Aboriginal Inhabitant” and are subject to tribal law, treaty relationships, and specific agreements established between their Tribe and the State/US. INT possess dual citizenship status but are subject tribal jurisdiction at all times; unless their Tribe has specifically conferred jurisdiction for a particular matter.
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