Leaders of the Oglala Sioux Tribe are demanding the immediate release of tribal citizens held by U.S. Immigration and Customs Enforcement and are pushing back on federal conditions for information about their whereabouts.
Tribal President Frank Star Comes Out said in a memorandum to Department of Homeland Security officials that three of four tribal members detained during immigration enforcement activity in Minneapolis remain in ICE custody at the Fort Snelling facility, a site with historical significance for Indigenous people. One of the four has since been released.
Comes Out said the tribe sought detailed information from federal authorities about the detainees’ identities and legal status, but was provided only first names and was told additional information would be released only if the tribe agreed to enter into a formal “immigration agreement” with ICE. Tribe officials said they have no intention of signing such an agreement.
“The Oglala Sioux Tribe’s memorandum makes clear that tribal citizens are not aliens and are ‘categorically outside immigration jurisdiction,’” Comes Out said in a statement. He emphasized that tribal members are U.S. citizens by statute and citizens of the Oglala Sioux Nation by treaty, and should not fall under immigration enforcement authority.
Officials with the Department of Homeland Security did not immediately respond to requests for comment on the specifics of the information request or the alleged condition tied to the agreement, though the agency previously has said it could not verify whether tribal members had been detained.
Tribal leaders called the reported condition an unacceptable infringement on tribal sovereignty, saying treaties between the federal government and sovereign nations do not allow federal agencies to impose immigration enforcement arrangements as a prerequisite for transparency.
The dispute has drawn criticism from Indigenous rights advocates, who say the detentions reflect broader concerns about racial profiling and a lack of understanding among federal agents about tribal citizenship and sovereign status.
Tribal officials are seeking direct government-to-government consultations and written assurances that enrolled tribal citizens will not be subject to immigration detention moving forward.
