- Details
- By Neely Bardwell
Reacting to recent presidential executive orders, the National American Indian Housing Council (NAIHC) released a memorandum addressing the applicability of recent Presidential Executive Orders to HUD programs, tribal sovereignty and the legal obligation to provide housing for tribes and their citizens is affirmed.
The memo was initially sent to Principal Deputy Assistant Secretary for Public and Indian Housing, Benjamin Hobbs on March 13, after concerns regarding President Trump’s anti-DEI executive orders and the effect on tribal housing support programs across departments.
The memo affirms that the three recent executive orders, EO14151, EO14168, and EO14173, do not apply to HUD’s legal obligation to provide housing for Tribes and their citizens, denoting tribes as “distinct from the DEI programs targeted” in the recent executive orders. However, the memo does clarify that the orders do apply to policy-based DEI programs operated by Indian Housing Authorities, but does not clarify which programs these are.
“The Department’s government-to-government relationship with, and legal obligations to, Indian Tribes are logically and legally distinct from policy-based DEI programs,” the memo says. “The EOs should not be read to halt typical government-to-government relations with Indian Tribes, which occupy a unique status in our Nation, as recognized in treaties, statutes, and Executive Orders.”
Court cases Cherokee Nation v. Georgia and Worcester v. Georgia, the Snyder Act, and other statutes, orders, and laws, are cited in the memo as legal backing to the distinction of Tribes as separate from DEI and reasoning for the unique legal obligations the federal government has to Tribes.
While NAIHC does not have access to official metrics or data from HUD regarding the impact of DEI Executive Orders on Tribal programs, the organization gathered direct feedback on how tribal members and Tribally Designated Housing Entities (TDHEs) were immediately affected by the funding freeze ordered on January 27, 2025 that was rescinded two days later.
Before the reversal on January 28th, NAIHC distributed a survey to over 500 tribes and TDHEs to assess the immediate impact on housing-related funding and estimate the total amount of funds affected. While our findings are not comprehensive and capture only an initial snapshot of the situation, they provide valuable insight into the immediate consequences for our members.
Responses from 64 members across 21 states indicated that over $50.3 million in federal housing funds were frozen. These funds came from key grants, including the Indian Housing Block Grants (IHBG), Indian Community Development Block Grant (ICDBG), Indian Housing Block Grants Competitive, HUD Youth Homeless Systems Improvement Project, HUD Community Compass Grant, Tribal HUD Veterans Affairs Supportive Housing, Tribal Healthy Homes Production (HHP) Program, and the ROSS Grant.
The funding freeze disrupted essential housing programs and services, including:
- Interrupting regular operational funding for the fiscal year, which many TDHEs rely on.
- Delaying seasonal project planning for Alaskan villages.
- Halting the construction of housing units for Tribal members nationwide.
- Affecting rental assistance programs, elderly repair and rehabilitation efforts, and emergency minor repair services.
- Suspending down payment and closing cost assistance programs.
- Forcing some administrative staff into part-time roles.
- Pausing all purchases for certain TDHEs.
- Preventing TDHEs from processing work orders exceeding $1,000, despite urgent tenant needs.
- Disrupting a Minnesota project focused on preventing and ending youth homelessness among Tribes.
These findings highlight the widespread and immediate consequences of the funding freeze on Tribal housing programs, reinforcing the need for stable and reliable funding to support critical housing initiatives in Tribal communities.
“Great angst went through Indian Country when the initial funding freeze took place. We appreciate the Administration’s affirmation of the federal trust responsibility to carry out housing programs for American Indian and Alaska Native peoples and reaffirming the U.S.’s government-to-government relationship with Tribes,” NAIHC Executive Director Rudy Soto (Shoshone Bannock Tribes) said.
Soto says Tribal Housing Authorities and Tribally Designated Housing Entities play a critical role in delivering essential services to Native populations, and any policy changes must prioritize the well-being of our people.
“We continue to proceed with caution as additional key programs supporting Tribal Housing, including the Department of the Treasury’s Native American CDFI Assistance Program (NACA Program), the Department of Energy’s Tribal Home Electrification and Appliance Rebates Program, and Tribal FEMA funds are still held in the balance of the administration,” Soto said
Tribal leaders, and multiple congressmembers remain steadfast in the belief that tribes and their citizens are distinct from the DEI programs targeted in the recent executive orders. Representative Tom Cole (R-OK, Chickasaw) and Senator Lisa Murkowski (R-AK) sent letters to the Office of Management & Budget (OMB) urging them to issue guidance clarifying that Tribal programs should not be impacted by anti-DEI policy.
“Tribal nations are and have always been sovereign governments that have political, government-to-government relationships with the United States, as supported and affirmed several times in the courts,” says Cole in his letter to OMB. “They are not a racial group and, as such, should not be a part of any executive orders or agency actions targeting Diversity, Equity, Inclusion, and Accessibility.”
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