What are the legal rights of tribal members?

Tribal members are members of Native American tribes that are recognized by federal law. In the state of New York, there are five recognized tribes: the St. Regis Mohawk Tribe, the Oneida Nation, the Seneca Nation of Indians, the Onondaga Nation, and the Cayuga Nation. Each of these tribes is sovereign, meaning that they have their own legal system and tribal laws. Under tribal law, tribal members typically have the right to self-governance, which includes the right to make and enforce laws, adjudicate disputes, and establish executive, legislative, and judicial systems. Tribal members are also guaranteed federal rights and benefits, including their right to vote in state and federal elections. Tribal members may also be afforded protections under Native American law, such as the Indian Child Welfare Act (ICWA). This federal law seeks to protect the rights of Native American children in state court proceedings, such as adoption and foster care cases. Additionally, tribes are given the right to establish their own criminal justice system, allowing them to maintain their own laws and customs. Tribal members may also have certain rights to their land and resources. Under federal law, tribes have the right to hunting, fishing, and gathering on their own lands. In some cases, this right can extend to off-reservation activities, depending on the laws of the specific tribe. Finally, tribal members have the right to access certain services from the federal government, such as education, health care, and housing assistance. These services are provided to ensure that Native Americans are able to maintain their culture and continue to exercise their rights.

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