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Equity Crisis Response

Know Your Rights

When asserting your rights, it is possible this will further complicate your interaction with U.S. Immigration and Customs Enforcement (“ICE”) agents. Information on this page does not constitute legal advice, best practice to cooperate with the ICE Agent you are interacting with. You can assert your Bill of Rights off the Navajo Nation, but it is also the responsibility of the ICE Agent to recognize your rights.

  1. Under the First Amendment you have fundamental freedoms; such as freedom of speech, freedom of press and right to peaceably assemble.
  2. You have the right to refuse unreasonable searches and seizures, under the Fourth Amendment on your person or property.
  3. You have the right to refuse ICE agents entry into your home if they do not have a judicial warrant signed by a Judge. If ICE agents have a valid warrant request to have them slide the warrant under the door or use a mail slot to review the document, it is best not to open the door. A valid warrant includes a name of the individual at your residence, and the location ICE agents plan to search at the residence. The warrant must be signed by a judge.
    • If ICE agent(s) enter your residence without a judicial warrant and enters without permission say: “I do not consent to a search.”
    • Under the Fifth Amendment, you have the right to remain silent, not answer questions and the right to an attorney. Clearly state you are exercising your right to remain silent. You can also say “I need to speak with an attorney.” If you decide to speak with ICE agents do not lie to the agents and do not say anything that would be self-incriminating.
  4. There are more traffic checkpoints being conducted by ICE agents, if you drive through a checkpoint, remain calm. You are only required to roll down your window if asked to, and to roll down the window only enough for clear communication. If ICE agents, ask for your identification (ID) you as the driver must comply and provide your driver license. If you are a passenger, you do not need to show your ID. But keep in mind it’s possible ICE agents could detain your for noncompliance.
  5. Minors have the same rights as adults. Minors have the right to remain silent and not answer questions about themselves. Note: Minors do not need to carry ID. However, it is strongly advised that Native students traveling off the Navajo Nation obtain an ID. For safety reasons you can also provide copies of your child’s birth certificate, certificate of Indian blood and immediate emergency contact information to carry in a sealed envelope for any school travel.

FAQs

  • Are Native Americans born in the United States legal citizens of the U.S.? Yes.
  • Can the Federal Government deport Native American citizens? No.
  • Can the Federal Government arrest Native American citizens for immigration violations? No.
  • Can U.S. immigration agents stop you? Yes.
  • Can U.S. Immigration agents come on to the Navajo Nation? No.

Tips for Interacting with ICE off the Navajo Nation:

  • Be Calm, Cool, Collected: “With all due respect,” “good afternoon.” Your safety is the main priority, please cooperate with ICE Agents, do not resist and obstruct.
  • If the ICE agent asks for identification, provide your Real ID, State issued Driver’s License or Identification Card. If you are using a Navajo Tribal ID/CIB paper, and the agent does not recognize your tribal identification, respectfully ask to speak with their supervisor.
  • Terminate the encounter as soon as possible: “Am I being detained or am I free to go?”
  • During the encounter with ICE, do not lie to the individual you are speaking with.
  • Remember ICE agents are detaining individuals who are following, monitoring their activities and recording them. If you plan to record do so at a safe distance.



Unsolved Deaths: Seeking Answers and Justice.

NNHRC continues to document and address cases where Indigenous deaths have not been fully investigated, ensuring every life receives the dignity of truth and accountability.

"During the various public hearings held by the Commission, Navajo persons indicated that border town officials do not investigate deaths of indigenous persons in its city limits as they would for non-indigenous persons. The Commission continues to assess the allegations of Navajo individuals."

Source: NNHRCs Assessing Race Relations Public Hearing Report

Gender and Identity Rights: Ending Violence and Discrimination.

NNHRC works to protect every individual — women, men, and LGBTQ+ citizens — from gender-based violence, ensuring equality, dignity, and respect across the Navajo Nation.

Although the laws of the Navajo Nation are founded upon Navajo traditional principles, gender relationships have been transformed in ways that undermine women’s traditionally high status so that violence toward Navajo women have reached epidemic proportions. Compared to non-Native women within the U.S., Navajo women experience domestic violence and sexual assaults at a greater frequency and intensity. Within the Navajo Nation, women are also considered second class citizens.

A Navajo woman has yet to be elected President or Vice President of the Navajo Nation and very few women have served on the Navajo Nation Council. Recent public debates on the question of whether a woman should be president raises questions about whether or not tradition sanctions gender discrimination. Given that the Navajo people base their nation, communities, and families upon principles of matrilineality, it is crucial that women are recognized as citizens who contribute equally to, the well-being and prosperity of the Navajo Nation.

The principles of K’e underlie a sophisticated system of kinship based upon respect and which regulates interpersonal relationships, and is manifested in matrilineality, a concept that continues to be the foundation of Navajo society. In Navajo tradition, women’s and men’s roles are characterized as complementary, meaning that both sexes are important to the survival and perpetuation of the people. Both men and women have distinctive roles in the extended and nuclear families.

Further, although Navajo laws are based upon the principles of K’e and there are guidelines for leadership, these laws do not seemingly address the question of leadership and gender. The Commission has determined that illuminating women’s traditional roles within leadership must be addressed so that the Navajo people will be reminded of women’s important roles in Navajo society.

Further, a human rights framework requires that all human beings must treat each other with respect, dignity and equality. In order to restore the formerly high status of Navajo women and accord them their rightful places in Navajo society, it is necessary to revisit Navajo traditional, customary and common laws. The Commission must also determine in what ways Navajo women’s human rights have been violated.

Shifts in Navajo values around gender include questions of whether traditional Navajo society recognized genders outside of the feminine and masculine binary, including lesbian, gay, bisexual, transgender, and queer and how multiple genders functioned within Navajo society. Further, in 2005, the Navajo Nation Council passed the Diné Marriage Act, which bans same-sex marriage. This Act has raised questions about civil rights and human rights violations for those Navajos who are lesbian, gay, bisexual, transgender, and queer.

Navajo perspectives on traditional values and the laws based upon Navajo traditional, common, and customary laws have been informed and shaped by world events and the Navajo Nation is continually faced with the challenges of living in a modern world. Given that Navajo citizens insist upon equality and equal treatment for all Navajo citizens, it becomes necessary to critically reflect upon the intersections of Navajo traditional, customary and common laws with gender in ways that ensure the civil and human rights of all Navajo citizens.

Federal Escalation Pathways

When local and tribal systems reach their limits, NNHRC connects with federal partners to ensure justice moves forward. Learn how these partnerships protect Navajo citizens and uphold human rights beyond jurisdictional barriers.

Federal Intervention

In certain cases, the Commission will seek federal intervention with such agencies like the:

  • U.S. Department of Justice,
  • U.S. Department of Justice Civil Rights Division,s
  • Federal Bureau of Investigation,
  • U.S. Equal Employment Opportunity Commission,
  • U.S. Forest Service, U.S. Commission of Civil Rights,