"the People's Paths!" Cherokee News Path - Both Houses of Congress Vote

Washington, D.C. — Both the United States Senate and House of Representatives have passed measures preserving Cherokee Nation’s federal funding for housing services, as long as a court order allowing citizenship for non-Indian Freedmen descendants remains in place throughout the tribal court case that will determine their eligibility for citizenship in the Cherokee Nation.

“The language in the bill is a sign that Congress recognizes the sovereignty and authority of tribal courts to settle internal disputes, which should be considered a victory for not only the Cherokee Nation but all tribes,” said Chad Smith, Principal Chief of the Cherokee Nation.

The provision was included in the Native American Housing and Self-Determination Act reauthorization passed by the Congress late last week. Currently, more than 300 non-Indian descendants of Freedmen are suing the Cherokee Nation in tribal district court over a constitutional amendment passed by Cherokee voters in March 2007 that restricted citizenship to people who have an Indian ancestor listed on the Cherokee Nation’s base roll. That amendment effectively ended a one-year period in which non-Indians were allowed to register as citizens based on a 2006 tribal court ruling. Those non-Indian Freedmen whose citizenship is in question have full citizenship rights, including access to social services and the right to vote, because of a May 2007 tribal court order that continues citizenship while the case is pending.

“While it is unfortunate that Congress voted to single out an Indian tribe over a disagreement about the tribe’s internal citizenship criteria, it is a good sign that they have decided that this is a matter that should be decided by the courts and not by politics,” Smith said. “I want to thank Senators Tom Coburn (R-Okla.), Byron Dorgan (D-N.D.) and Lisa Murkowski (D-Alaska), as well as Congressmen Dan Boren (D-Okla.), Melvin Watt (D-N.C.), Maxine Waters (D-Calif.), Barney Frank (D-Mass.), Dale Kildee (D-Mich.) and Steve Pearce (R-N.M.) for their leadership and for proposing a solution that is not punitive to Cherokees who need housing assistance, since the matter is still being decided in a court of law.”

More information on the Cherokee Nation and the issue of non-Indian Freedmen citizenship is available online, visit Cherokee Nation Facts and Meet The Cherokee.