Who Decides Who Counts As Native American?
https://www.nytimes.com/2017/01/18/magazine/who-decides-who-counts-as-native-american.html
Who Decides Who Counts As Native American?
Four years ago, the Nooksack in Washington State
announced that they were expelling hundreds of
members, setting off a bitter debate over tribal identity.
By BROOKE JARVIS
JAN. 18, 2017
In the fall of 2012, a 48-year-old fisherman and carver named Terry St. Germain decided to enroll his five young children as members of the Nooksack, a federally recognized Native American tribe with some 2,000 members, centered in the northwestern corner of Washington State.
He'd enrolled his two older daughters, from a previous relationship, when they were babies, but hadn't yet filed the paperwork to make his younger children — all of whom, including a set of twins, were under 7 — official members. He saw no reason to worry about a bureaucratic endorsement of what he knew to be true. "My kids, they love being Native," he told me.
St. Germain was a teenager when he enrolled in the tribe. For decades, he used tribal fishing rights to harvest salmon and sea urchin and Dungeness crab alongside his cousins. He had dozens of family members who were also Nooksack. His mother, according to family lore, was directly descended from a 19th-century Nooksack chief known as Matsqui George. His brother, Rudy, was the secretary of the Nooksack tribal council, which oversaw membership decisions. The process, he figured, would be so straightforward that his kids would be certified Nooksacks in time for Christmas, when the tribe gives parents a small stipend for buying gifts: "I thought it was a cut-and-dried situation."
But after a few months, the applications had still not gone through. When Rudy asked why, at a tribal council meeting, the chairman, Bob Kelly, called in the enrollment department. They told Rudy that they had found a problem with the paperwork. There were missing documents; ancestors seemed to be incorrectly identified. They didn't think Terry's children's claims to tribal membership could be substantiated.
At the time, Rudy and Kelly were friends, allies on the council. At the long oval table where they met to discuss Nooksack business, Rudy always sat at Kelly's right. But the debate over whether Rudy's family qualified as Nooksack tore them apart. Today, more than four years later, they no longer speak. Rudy and his extended family refer to Kelly as a monster and a dictator; he calls them pond scum and con artists. They agree on almost nothing, but both remember the day when things fell apart the same way. "If my nephew isn't Nooksack," Rudy said in the council chambers, "then neither am I."
To Rudy, the words were an expression of shock. "It's fighting words," he said, to tell someone they're not really part of their tribe. At stake were not just his family's jobs and homes and treaty rights but also who they were and where they belonged. "I'll still be who I am, but I won't have proof," Rudy said. "I'll be labeled a non-Indian. So yeah, I take this very personally."
To Kelly, the words were an admission of guilt, implicating not just the St. Germains but also hundreds of tribal members to whom they were related. As chairman, he felt that he had a sacred duty: to protect the tribe from invasion by a group of people that, he would eventually argue, weren't even Native Americans. "I'm in a war," he told me later, sketching family trees on the back of a copy of the tribe's constitution. "This is our culture, not a game."
The St. Germains' rejected application proved to be a turning point for the Nooksack. Separately, the family and the council began combing through Nooksack history, which, like that of many tribes in the United States, is complicated by government efforts to extinguish, assimilate and relocate the tribe, and by a dearth of historical documents. An international border drawn across historically Nooksack lands only adds to the confusion. There were some records and even some living memories of the ancestors whose Nooksack heritage was being called into doubt. But no one could agree on what the records meant.
In January 2013, Kelly announced that, after searching through files at the Bureau of Indian Affairs office in nearby Everett, he had reason to doubt the legitimacy of more than 300 enrolled Nooksacks related to the St. Germains, all of whom claimed to descend from a woman named Annie George, born in 1875. In February, he canceled the constitutionally required council meeting, saying it would be "improper" to convene when Rudy St. Germain and another council member, Rudy's cousin Michelle Roberts, were not eligible to be part of the tribe they'd been elected to lead. A week later, he called an executive session of the council but demanded that St. Germain and Roberts remain outside while the rest of the council voted on whether to "initiate involuntary disenrollment" for them and 304 other Nooksacks, including 37 elders. The resolution passed unanimously.