What protection do Native Americans have under U.S. law?

Native Americans are an important part of the Oklahoma community, and they have protection under U.S. law. Both federal and state laws afford them certain rights and protections that other citizens may not have. The Federal Indian Civil Rights Act (ICRA) of 1968 is a federal protection that ensures Native Americans in Oklahoma have the same rights as all other American citizens. This law grants them the same right to free expression and religious practice without government interference. Additionally, it ensures they can’t be discriminated against because of their tribal membership or culture. Oklahoma also has the Oklahoma Indian Welfare Act of 1936. This state law supports tribal self-government and ensures that Native Americans in Oklahoma have the same right to form their own governments and to manage their own economic and cultural resources without interference. The Dawes Act of 1887 is another state and federal law that affects Native Americans in Oklahoma. This law allowed for the breakup of tribal reservations and allotment of lands to Native Americans. The law also allowed for state governments to govern Native Americans’ land and resources, even without the tribes’ consent. This law has since been amended to protect Native American rights. In addition to these laws, the United States government also has a trust relationship with certain Native American tribes in Oklahoma. This trust relationship means the federal government has a special obligation to protect tribal resources and treaty rights, as well as to provide health care and education services. This trust relationship ensures that Native Americans in Oklahoma have certain rights and protections that other citizens may not have.

Related FAQs

What is the Indian Gaming Regulatory Act?
What is the Indian Education Assistance Act?
What treaties have Native Americans signed with the United States?
What is the Indian Child Welfare Act?
How can Native American tribes access US Department of the Interior and US Department of Justice resources?
What is the Native American Rights Fund?
What is the government-to-government relationship?
What is the Indian Self-Government Act?
What is the American Indian Religious Freedom Act?
What is the Native American Graves Protection and Repatriation Act?

Related Blog Posts

How Native American Law Impacts Tribal Sovereignty - July 31, 2023
Understanding the Indian Self-Determination and Education Assistance Act - August 7, 2023
5 Benefits of Tribal Participation in Federal Indian Law - August 14, 2023
What to Consider When Entering Into an Indian Country Jurisdiction - August 21, 2023
How To Draft an Enforceable Tribal Law - August 28, 2023