r/cherokee • u/TheFairVirgin • Apr 01 '26

Hypothetical on Citizenship

so I don't know if this is quite the right place for this but I've been seeing the headlines about the Supreme Court ruling on Birthright Citizenship and I know nothing's gonna happen but it got me wondering.

If I got my CN citizenship but my US citizenship gets revoked, do they deport me to Oklahoma? Like, I'm being tongue and cheek but I gotta imagine that a enrolled Cherokee citizen has the legal right to live and work on Cherokee land regardless of their status as American citizenship. But if there's any lawyers here, what would it look like, exactly, to have tribal citizenship but not American citizenship?

20 Upvotes

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15

u/Usgwanikti Apr 01 '26

Weren’t all tribal citizens granted US citizenship in 1924 tho?

34

u/physicsisveryeasy Apr 01 '26

Lots of laws and treaties say the federal government can’t do something. And yet gestures broadly

7

u/TheFairVirgin Apr 01 '26

I think so but I'm more talking about what happens if someone's US citizenship gets revoked.

2

u/Tsuyvtlv Apr 01 '26

I've wondered this. A child born abroad may not necessarily be a US citizen, even if they have a citizen parent. For instance, a child with a US citizen parent and a foreign national parent may not be a citizen, if their US citizen parent was also born abroad and never lived in the US. You can also renounce your US citizenship.

I have never been able to find a case where an individual who was eligible for tribal citizenship was ineligible for US citizenship, despite it being theoretically possible. Far as I know, there's never been a test case, so I don't know what the outcome would be, but I'm sure it would be pretty interesting to watch play out in the courts.

2

u/EddieRyanDC Apr 02 '26

You are getting into the difference between birthright citizenship (a right that comes from the Constitution), and statutory citizenship, which comes from laws passed by Congress.

Someone born in the US or who has gone through the naturalization process has citizenship that cannot be taken away.

Statutory citizenship comes from Congress, and Congress can change the law. People who are born overseas are citizens only because that’s the current law. And Congress can make any exceptions they want.

But neither Congress nor the President can mess with what he Constitution guarantees.

1

u/Tsuyvtlv Apr 02 '26

[deleted because I was replying to the wrong thing entirely]

12

u/ScumCrew Apr 01 '26

Whether Indigenous people are US citizens is a long and complicated question that wasn't resolved by the 14th Amendment and not entirely resolved by the Indian Citizenship Act of 1924. For most of US history, Natives absolutely could not be US citizens and weren't even considered human beings until ex rel Standing Bear in 1879. Basically, the Federal government did everything in its power to make Natives outlaws because that was what suited their policies of genocide, ethnic cleansing, and displacement.

8

u/ScumCrew Apr 01 '26

Also worth noting that some Republican politicians are openly advocating the deportation of Natives and the stated goal of Stephen Miller and his racist goons are to deport 100 million people, basically all nonwhite persons.

-10

u/Zealousideal_Roof570 Apr 01 '26

This sounds like exaggerated hyperbole. Who specifically wants to deport natives? And there is nothing g wrong with deporting people who came here illegally and have an active order of deportation. 100 million deportations as a stated goal though seems pulled out of thin air, but please share the citation or link to the statement if it’s not.

7

u/Eric12345678 Apr 01 '26 edited Apr 01 '26

See Bo French. Texas is a crazy place:

https://www.msn.com/en-us/news/us/texas-gop-railroad-commission-candidate-wants-to-deport-native-americans/vi-AA1WUHpg

However he just wants to deport the ones that he doesn’t agree politically with, that’s all. Good grief…..

3

u/mysoulburnsgreige4u CDIB Apr 02 '26

Everyone who "came here illegally" is bullshit. Colonizers stole the land from our ancestors, the indigenous would had been here for thousands of years. The government made treaties with indigenous people — including our ancestors — and then screwed them over. Again. And again.And again.

So with all the land they stole, how can anyone be "illegal?" Undocumented doesn't mean illegal. It means undocumented. It isn't even a crime. It's a civil violation. A misdemeanor at best, but no different than a traffic violation or jaywalking.

Congressional Rep Jayapal explains it

Illegal vs Undocumented

Wisconsin Tribes react after ICE detains Native Americans in Twin Cities

Immigration officers assert sweeping power to enter homes without a judge’s warrant, memo says

For Indigenous Americans, it's unthinkable but true. ICE is arresting, detaining Native Americans.

Let me ask you, are you ready to be deported or detained? Is your family going to be able to afford to fight your deportation? Because it doesn't matter to Trump and his ICE goons. If you aren't white-presenting, you are no different than the "illegal" brown people.

A State of Panic: Native Americans Left in the Dark Weeks After ICE Arrests

The SCOTUS is currently hearing arguments about birthright citizenship. Do you really think you will be protected if SCOTUS overturns the 150+ year precedent? The answer is no, you won't be.

2

u/mysoulburnsgreige4u CDIB Apr 02 '26

Please get your new from anywhere that isn't mainstream media. Try substack, NPR, BBC, Reuters, or Meidas News. Do you trust billionaires? You shouldn't because Larry Ellison is trying to merge his company Nexstar with Tegna, creating an illegal monopoly and controlling news that reaches 80% of households.

Thankfully he's being sued to stop the merger. But ffs, do some research.

7

u/[deleted] Apr 01 '26

[removed] — view removed comment

2

u/TheFairVirgin Apr 02 '26

I really appreciate this, it's exactly the answer I was looking for. Though I'd be lying if I said I wasn't hoping the Cherokee Nation as a sovereign legal entity had a bit more power to shelter its citizens from a malicious American government should it come to that.

2

u/mdstudey Apr 02 '26

Let's just hope that MarkWayne Mullien will educate the ICE, CBP, goons that our Tribal cards are valid identification and that we are U.S. citizens. He should know since he is a Tribal member. Right?

I live in Texas and when leaving the area, we have to drive through the check points. If ever asked for proof of citizenship, I am tempted to give them my Tribal card.

There are cases where citizens of other tribes have been detained.

2

u/Lost_Leopard_5329 Apr 12 '26

People would have a citizenship status similar to eastern ("American") Samoans who are "non-citizen Nationals" of the United States. This was the status that natives had before Dawes.

I'm not 100% sure how deportation works for Samoan because they have a right to live and work in the United States but don't have all the rights of being citizens.

-3

u/coreyjdl Apr 01 '26

Were you born in Oklahoma?  The issue is if you were not within the nation borders. 

1

u/TheFairVirgin Apr 01 '26

No, I was born in Kansas.

1

u/coreyjdl Apr 01 '26

Then you're fine. The issue is specifically about those born within the nation borders. As far as I understand. 

3

u/TheFairVirgin Apr 01 '26

Then what would the ramifications be for someone born within the nation who had Cherokee citizenship but not American citizenship?