All listed below disenrolled Oct 2006. We are still registered with the BIA and received an allotment back in (1973) est. amount of $800 from the State of California BIA; our names are listed in the lineage records. All with registered BIA Indian No. My grandmother Emma Fuhrman registered all her grandchildren years ago. We have proof of historical information, news articles, marriage certificates, and pictures. Our family historical records too were mentioned at the “hearing” unfortunately it didn’t matter. Council said everything fell under the 1988 constitution. We never received anything. We are even unsure if they truly notified everyone as they said by registered mail. They would not prove to us that registered mail was received. They said it was documented showing received. My personal opinion is why since there are only est. 1200 members, why not amend the constitution to those who could prove their lineage. My concerns are, at the hearing Council said any one who registered after 1989 would not be considered an enrolled member. This means to me, when members start to pass on, and their family members were not enrolled during that time 1988-1989, then what happens to the enrollment. It seems Council should amend the constitution with an open enrollment.

Clair Fuhrman/father of Victoria & Greggory Fuhrman
Reggie Fuhrman/father of Jeff Hays,Bob Hays,Billy Hays,Tawnie & Renee Fuhrman.

Bob Hays was the only one who has not been disenrolled.

Like I concluded in the disenrollment articles, the only real way to solve the problem is Congressional intervention because the Courts won’t do anything for you. Short of throwing yourself on the mercy of the tribal council that disenrolled you, your best way to help the disenrolled is to write your Congressman and Senator, and tell them what’s going on.

On a more direct level, if you want to help any disenrolled you may know or are related to why don’t you call them up and ask them if they need anything?

Thanks for visiting and thank you for wanting to make a difference in people’s lives, especially the disenrolled. They are truly a group of people that need justice.

Jack Kimbro
Torrance Ca.

Mannn..can you write!!

Mannnnn can you write!

Just off the top of my head: tribes are generally immune from suit unless they 1) voluntarily waive their immunity; or 2) Congress has abrogated sovereignty. One form of congressional abrogation are statutes of general applicability. For example, the Fair Labor Standards Act is such a statute because even though tribes aren’t expressly included it’s presumed to apply unless it touches 1) intramural matters of tribes (e.g., membership); 2) treaty rights; or 3) legislative intent precludes inclusion of tribes.

You might want to check out:
1. Snyder v. Navajo Nation, 382 F.2d 892 (9th Cir. 2004).

2. Donovan v. Coeur d’Alene Tribal Farms, 751 F.2d 1113 (9th Cir. 1985).

The Board’s authority is defined by 43 C.F.R. section 4.330 which states the Board cannot intervene in enrollment disputes which, essentially, disenrollment issues are part of. The appellants’ theories of recovery usually involve violations of ICRA and tribal constitutions however the only remedy given by ICRA is habeas corpus and disenrollment is not analogous to that. Furthermore, an appellant must show that he exhausted his remedies before making his appeal and that usually means a disenrolled Indian has to seek redress from the very same Council that terminated his membership. (See White’s dissent in Santa Clara Pueblo v. Martinez.)

In the end no one can help a disenrolled Indian except: 1) the tribe that ousted that person; or 2) Congressional legislation. See Robert Edwards, et. al. v. Pacific Regional Director, 45 IBIA 121.

To search through decisions of the Indian Board of Appeals go here: http://www.oha.doi.gov:8080/index.html

In the Quick Search type “disenroll” and select “Entire Site” for the database.

Thank you for reading. I wish I could say something that make things seem less disheartening but unfortunately, I can’t. If all I can do is point out the rule of law in this area of Indian affairs then perhaps someone could use it to change the way things are. Until that time the disenrolled must take refuge in themselves; they will always be Native Americans, they will always have their ancestors, and they will always their families.

Who knows, given their treatment by their disenrolling tribes, maybe life without them is better than still being with them.