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Enrollment and membership issues are very familiar for Smith & Jolly's attorneys. Our attorneys have represented tribes in many enrollment and membership issues, including:

• Representing tribes in lawsuits challenging denial of enrollment
• Providing opinions on constitutional enrollment provisions
• Drafting and implementing tribal enrollment ordinances and adoption ordinances
• Defending Indian Civil Rights Act ("ICRA") suits involving enrollment

Enrollment and membership are amongst the most fundamental aspect of tribal sovereignty and self-government. While the Supreme Court has continued to maintain that tribal membership is strictly within the province of tribes themselves, there are still consistent attempts to encroach upon tribal membership issues from the outside. Whether it is a straightforward attempt to challenge a tribal enrollment or membership determination in a federal court or a state court usurping tribal authority to determine membership in Indian Child Welfare Act ("ICWA") proceedings, Smith & Jolly consistently fights for the autonomy of tribal enrollment and membership determinations.

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INDIAN LAW UPDATES

Federal Court Decides Yankton Reservation not Disestablished

The Federal Court for the District of South Dakota has held that the Yankton Sioux Reservation has not been disestablished and remains under the jurisdiction of the Tribal and federal governments. The... more »

House Passes Native Hawaiian Recognition Bill

On Wednesday, October 24, the House of Representatives passed the Native Hawaiian Government Reorganization Act by a vote of 261-153. The vote was very much along party lines, with every Democrat present... more »

Supreme Court Denies Sovereign Immunity Case

The Supreme Court denied cert in Burrell v. Armijo, a 10th Circuit case involving tribal sovereign immunity. The suit was brought by non-Indians who leased land from the Santa Ana Pueblo. The lessees... more »

Amber Alert for Tribes

The Department of Justice is talking to tribal leaders about the possibility of bringing the Amber Alert system to Indian country. The Department of Justice is encouraging tribes to develop plans, similar... more »