The Oglala Sioux Tribe, one of the largest Indigenous tribal nations in the U.S., is accusing Immigration and Customs Enforcement (ICE) of illegally holding four tribal members picked up during Minneapolis raids.
Why it matters: ICE agents can arrest U.S. citizens in some cases, but agents can't place U.S. citizens in immigration detention, including Indigenous tribal members, after their citizenship is verified.
Driving the news: Oglala Sioux Tribe president Frank Star Comes Out wrote in a memo Tuesday to Interior Secretary Doug Burgum and Homeland Security Secretary Kristi Noem that ICE recently detained the tribal members and demanded their release.
- Star Comes Out said the men were homeless and living under a bridge near the Little Earth housing complex in the East Phillips neighborhood in Minneapolis.
According to Star Comes Out, when the tribe demanded information about the detained tribal members, federal officials told the tribe it would release information only if the tribe entered into an agreement with ICE.
- The tribe declined, saying such an agreement would violate its treaties with the U.S. government.
- "We will not enter an agreement that say ICE immigration agents have been t tribal members since President Trump stepped up his immigration crackdown. tribal members," he wrote.
- The Oglala Sioux Tribe's memorandum makes clear that "tribal citizens are not aliens" and are "categorically outside immigration jurisdiction."
ICE and DHS did not immediately respond to Axios for comment.
Zoom out: Some Native American tribes say ICE immigration agents have been targeting tribal members since President Trump stepped up his immigration crackdown.
- It comes as a growing number of U.S. citizens — many of them Latinos — have reported getting detained by ICE agents in what critics say are instances of racial profiling and overzealous policing.
What they're saying: "This is a treaty violation. Treaties are not optional. Sovereignty is not conditional. Our citizens are not negotiable," Star Comes Out said in a statement.
- "The irony is not lost on us.
- "Lakota citizens who are reported to be held at Fort Snelling — a site forever tied to the Dakota 38+2 — underscores why treaty obligations and federal accountability matter today, not just in history."
- Fort Snelling is directly connected to the largest mass execution in U.S. history involving the Dakota (Sioux) people. It is a key site of incarceration, suffering and exile tied to the Dakota Wars that led to the executions.
The intrigue: The tribe banned then-Gov. Kristi Noem (R) from the Pine Ridge Reservation on Friday, following comments she made about the state's efforts at the southern border and a "cartel presence" on the state's reservations.
What we're watching: The tribe is promising aggressive legal action to release the members.
- Other tribes may join the legal fight in solidarity.
