Luján, Leger Fernández, Davids, Bacon Lead Bipartisan Bill to Prevent Wrongful Detention of Native Americans During ICE Enforcement

Washington, D.C. - Today, U.S. Senator Ben Ray Luján (D-N.M.), a member of the Senate Committee on Indian Affairs, and U.S. Representatives Teresa Leger Fernández (D-NM-03), Ranking Member of the Subcommittee on Indian and Insular Affairs, Sharice Davids (D-KS-03), and Don Bacon (R-NE-02) introduced the bipartisan Respect Tribal IDs Act to improve how Department of Homeland Security (DHS) personnel recognize and interact with Tribal identification documents during immigration enforcement. The legislation comes amid growing reports of Native Americans being questioned, delayed, or detained after federal officers failed to recognize valid Tribal IDs and documentation as proof of citizenship.

The Respect Tribal IDs Act would require DHS, in coordination with the Bureau of Indian Affairs and Tribal Nations, to develop standardized training for officers and employees involved in immigration enforcement. The training would include how to identify Tribal documents, when Tribal IDs qualify as proof of U.S. citizenship, proper protocols for interacting with enrolled Tribal members, and the federal government's trust responsibility to Tribal Nations. The bill also requires DHS to create region-specific guidance and reference materials for officers, including examples of Tribal IDs used by federally recognized Tribes in areas where agents operate. Officers would be required to complete the training annually and whenever they are reassigned to a new region.

"In New Mexico and across the country, our Tribal brothers and sisters deserve to be treated with dignity and respect," said Senator Luján. "Under the Trump administration, we've seen disturbing incidents where Tribal members were stopped, questioned, and harassed by ICE officers simply because of their appearance or because officers failed to recognize their Tribal IDs. That is unacceptable and deeply wrong. To address these failures, my legislation would establish clear standards and ensure DHS officers are properly trained to recognize and accept Tribal IDs. No one should have to fear being harassed because of a failure in training or accountability."

"We've seen Trump's Department of Homeland Security violate the rights of the first Americans countless times. Indigenous people in New Mexico and across the country have been unfairly questioned, harassed, and detained. This bill will require that DHS officers be trained to recognize Tribal IDs and prevent wrongful detentions," said Representative Leger Fernández. "All law enforcement officials must respect tribal governments and the documents they provide their citizens. ICE and CBP agents must follow the law and respect tribal sovereignty."

"Tribal sovereignty is a legal and constitutional recognition of Tribal Nations and their citizens, and the federal government has a responsibility to respect that," said Representative Davids. "But lately, we've seen troubling reports of Native Americans being questioned or detained because federal officers lacked the training needed to recognize tribal documentation or understand Tribal Nation citizenship. This bipartisan bill is about preventing those failures, improving training and accountability, and making sure all people are treated with the dignity and respect they deserve."

"The Respect Tribal IDs Act is a commonsense bill to ensure DHS personnel are properly trained to recognize Tribal IDs and work respectfully with Tribal communities," said Representative Bacon. "Federal agencies have a responsibility to protect and support Tribal citizens, and this legislation helps ensure they do that."

"The National Congress of American Indians supports this legislation to ensure that federal agents within the U.S. Department of Homeland Security are properly trained to recognize and respect Tribal identification documents," said Larry Wright, Executive Director, National Congress of American Indians (NCAI). "Too often, the lack of consistent training has led to confusion, delays, and the improper treatment of Tribal citizens. By requiring comprehensive training on Tribal IDs, this bill affirms the validity of Tribal governments and strengthens the federal trust responsibility. NCAI urges its passage to promote respectful interactions, enhance security, and uphold the rights of Tribal citizens."

The legislation follows multiple high-profile incidents and reports involving Native Americans whose Tribal documentation was reportedly rejected or questioned during federal enforcement encounters. Tribal leaders and advocates have raised concerns that inconsistent training and lack of familiarity with Tribal IDs have contributed to wrongful stops and confusion involving U.S. citizens, particularly in border states and regions with large Native populations. The legislation seeks to establish clearer standards and prevent future incidents by ensuring federal personnel are properly trained before conducting enforcement activities.

Following major DHS scandals, Senator Luján introduced legislation to hold ICE and CBP accountable, increase transparency, and make communities safer. Senator Luján opposed the confirmation of Senator Markwayne Mullin to serve as DHS Secretary. Senator Luján also voted against Kristi Noem's confirmation as DHS Secretary and successfully pushed for her ouster. Additionally in January 2025, Senator Luján joined Representative Leger Fernández in a letter to President Trump demanding immediate action to address reports of ICE agents harassing, detaining, and questioning Native American Tribal members about their citizenship.

Congresswoman Leger Fernández has repeatedly confronted the Trump administration's abuses of Native Americans. She secured language in the FY26 House Appropriations Homeland Security Subcommittee Bill Report for DHS to support Tribal governmental competency training to reduce immigration enforcement encounters with Native Americans. She also led a letter to President Trump in January 2025, demanding a stop to the unconscionable ICE Harassment and racial profiling of Native American Citizens. She further publicly sounded the alarm about ICE's abuses against Native Americans through informing and questioning the House Appropriations Committee Chairman Tom Cole, about the issue. Additionally, she is leading a FY27 Homeland Security Appropriations request with 12 other Members for the Federal Law Enforcement Training Centers (FLETC), in collaboration with the Bureau of Indian Affairs, to provide tribal government competency training for federal immigration enforcement officers. Further, she is working with Tribal leadership and continuously bringing attention to the Trump administration's ICE racial profiling, harassment, and detention of Native Americans.

Full bill text is available here.

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