Lawsuit Against the Trump Administration: Tribal Nations and Students Fight for Educational Rights
In a significant move to protect their educational rights, three tribal nations and five Native American students filed a lawsuit against the Trump administration on Friday. The legal action accuses the administration of failing to meet its legal obligations to tribal communities when it cut jobs at Bureau of Indian Education (BIE) schools last month. The lawsuit, filed by lawyers from the Native American Rights Fund, targets the heads of the Interior Department, the Bureau of Indian Affairs, and the Office of Indian Education Programs. The tribes involved include the Pueblo of Isleta, the Prairie Band Potawatomi Nation, and the Cheyenne and Arapaho Tribes. They allege that they were not consulted before the federal government laid off employees at two colleges under the BIE’s jurisdiction.
Staff Cuts Lead to Unsafe Conditions and Disruption of Education
The staff cuts have had a severe impact on the two colleges affected: the Southwestern Indian Polytechnic Institute (SIPI) in Albuquerque, New Mexico, and Haskell Indian Nations University in Kansas. At SIPI, nearly a quarter of the staff, including nine instructors, were fired or forced to resign in February. The lawsuit claims that the reduction in security and maintenance staff has left the campus unsafe. For instance, the campus experienced two unresolved power outages in recent weeks due to the lack of staff. One student, Kaiya Brown, described how her dorm lost power for 13 hours, forcing her to leave her residence to complete her school assignments. These conditions highlight the administration’s failure to ensure safe and functional learning environments for Native American students.
At Haskell Indian Nations University, the situation is equally dire. Over a quarter of the staff, including the Dean of Students, instructors, property management specialists, coaches, tutors, residential advisors, academic advisors, custodians, and food services employees, were laid off. The university’s student center has been closed, and students have reported delays or failures in receiving financial aid. Additionally, meal portions have been reduced, and bathrooms often lack basic supplies like toilet paper. Classes are now being taught by deans who lack the expertise of the fired professors. While some staff and faculty have been rehired, the BIE has notified them that these positions may only be temporary and could be eliminated again in the future.
BIE’s Responsibility and the Federal Government’s Trust Obligations
The Bureau of Indian Education is tasked with providing educational opportunities for Native Americans and Alaska Natives across the country. This responsibility is part of the U.S. government’s trust obligations, which include legal and moral commitments to uphold treaties, laws, and congressional acts related to tribal nations. According to the BIE’s website, there are 183 Bureau-funded schools serving approximately 42,000 Indian students. Of these, 55 are operated by the BIE, while 128 are tribally operated. Despite these responsibilities, the BIE has faced significant challenges, including understaffing, which has affected its ability to monitor and assist schools effectively. The recent job cuts have exacerbated these issues, leaving students and staff in precarious conditions.
Lack of Consultation: A Violation of Tribal Rights
The lawsuit also highlights the federal government’s failure to fulfill its obligation to engage in meaningful consultation with tribal nations before taking actions that could harm their services. Hershel Gorham, Lt. Governor of the Cheyenne and Arapaho Tribes, emphasized that the federal government did not consult with tribal leaders before implementing the job cuts. This lack of consultation is a violation of the trust responsibilities that the U.S. government owes to tribal nations. Gorham also pointed out that recent cuts to the Departments of the Interior and Health and Human Services, which were later rescinded, suggest that federal officials may not have the autonomy to prevent violations of Native American rights. The cuts at Haskell, SIPI, and other BIE schools are evidence of this systemic failure.
The Broader Implications of the Lawsuit
The lawsuit brings attention to the broader issue of the federal government’s commitment to fulfilling its trust responsibilities to tribal nations. The U.S. Government Accountability Office has repeatedly highlighted understaffing at the BIE as a significant issue, further undermining the government’s ability to provide adequate support to Native American students. The cuts at Haskell and SIPI demonstrate the real-world consequences of these failures, from unsafe living conditions to delayed financial aid and reduced academic support. The tribal nations and students involved in the lawsuit are seeking to hold the government accountable for its obligations and ensure that Native American students receive the education they deserve. This case serves as a reminder of the ongoing struggles Native American communities face in their efforts to preserve their rights and secure equitable resources.
