Untangling the history of Black rights on Native land
Feb 12, 2025
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Allison Herrera, a Salinan journalist and senior reporter for APM Reports specializing in Indigenous affairs, dives deep into complex themes around Black rights on Native lands. She discusses the nuances of identity within the criminal justice system and the unique struggles of Black tribal citizens. The conversation spans the historical relationship between Black and Native communities, touching on issues like citizenship rights and ongoing legal battles shaped by recent Supreme Court rulings. Herrera's insights illuminate a forgotten narrative that challenges perceptions of sovereignty and justice.
Michael Hill's legal battle emphasizes the complexities of jurisdiction and racial identity within the context of tribal and state law.
The historical participation of tribal nations in slavery underscores the ongoing struggle for recognition and rights among descendants of freed Black individuals.
Deep dives
Michael Hill's Background and Encounter with Police
Michael Hill, a Black veteran living in Okmulgee, Oklahoma, bought a home for his family, aiming to create a supportive environment for his children. After becoming a gym and health teacher, he struggled with the complexities of racial dynamics and law enforcement. One night, after an incident involving a known acquaintance and police, Michael was arrested despite his attempts to defuse the situation. This encounter forced him to confront the very principles he taught his students about respecting authority, leaving him questioning his role as a role model.
Jurisdictional Complexities in Michael's Case
Michael argued that his case should fall under tribal jurisdiction due to his Cherokee citizenship, as he believed the state of Oklahoma had no rightful claim over him. However, the district attorney insisted on maintaining jurisdiction in Okmulgee County, which complicated Michael’s legal battle. This situation highlights the historical injustices faced by individuals of mixed racial backgrounds within the legal system, echoing past laws that create divides based on blood quantum and ancestral ties. Michael's struggle reveals how the remnants of slavery and forced removal continue to affect modern judicial processes.
The Legacy of Enslavement Among Native Tribes
The podcast discusses the history of Black individuals enslaved by Native American tribes, emphasizing that several tribal nations participated in slavery during the early history of the United States. For instance, nations like the Cherokee and the Muscogee had enslaved Black individuals and later signed treaties that promised citizenship to those freed. Yet, many descendants of these freedmen continue to fight for recognition and rights in their respective tribes, particularly as tribal nations evolve in determining criteria for citizenship. The ongoing tension around definitions of identity and belonging within tribal communities complicates the landscape for those claiming to represent both Black and Indigenous backgrounds.
Impact of the McGirt Ruling on Tribal Rights
The landmark 2020 Supreme Court decision, McGirt v. Oklahoma, reaffirmed tribal sovereignty in Oklahoma, allowing tribal citizens' cases to be tried in tribal courts rather than state courts. This ruling opened the door for people like Michael to argue for their rights under tribal law, despite the ongoing challenges with jurisdiction and blood quantum issues. However, for many individuals with mixed racial backgrounds, including freedmen, the ruling highlighted the disparities in treatment and recognition within both tribal and state systems. The necessity for reform in how citizenship is defined and treated within the tribal nations remains a critical conversation among affected communities and their leaders.
How the criminal legal system considers who is and isn't Native, and what that means for the Black people who are members of tribal nations. This reporting is part of an audio documentary from Audible called Tribal Justice: The Struggle for Black Rights on Native Land.