Wyden, Merkley, Colleagues Demand Answers from ICE on Racial Profiling of Tribal Members, Refusal to Accept Tribal IDs

Wyden, Merkley, Colleagues Demand Answers from ICE on Racial Profiling of Tribal Members, Refusal to Accept Tribal IDs

Letter cites reported abuses of Confederated Tribes of the Umatilla Indian Reservation member

Washington, D.C. - U.S. Senators Ron Wyden and Jeff Merkley today joined Senate colleagues to demand answers regarding the outrageous mistreatment of Tribal citizens by ICE in a number of recent incidents.

In their letter, the lawmakers called out reports of ICE improperly stopping or detaining Tribal citizens for no apparent reason aside from their physical appearance, and urged Department of Homeland Secretary Kristi Noem to develop policy and trainings to ensure all ICE agents are trained to recognize Tribal IDs, regardless of whether they are working on Tribal lands.

"We write to share our alarm over the completely unacceptable treatment of U.S.-born citizens of federally recognized Tribes, who have been stopped and questioned by Immigration and Customs Enforcement (ICE) agents on suspicion of being undocumented," the senators wrote to Noem. "In February, several Senators wrote to you following reports of ICE agents improperly stopping or detaining Tribal citizens. In June, you replied with a letter in which you failed to respond to the majority of the questions raised in the letter."

"Over the past month, we have heard additional alarming reports of ICE improperly stopping or detaining Tribal citizens for no apparent reason aside from their physical appearance," the senators wrote. "The disrespect and harassment of U.S.-born Tribal citizens by ICE is outrageous and inexcusable, and we request that you take immediate steps to put an end to it."

In November, Elaine Miles, an Indigenous actor, was approached by four men who identified themselves as ICE agents while waiting for a bus in Redmond, Washington. When she handed them her Tribal ID issued by the Confederated Tribes of the Umatilla Indian Reservation in Oregon, the immigration agents reportedly claimed her ID was "fake" and that "anyone can make that." When she tried to call the Umatilla Tribal enrollment office phone number to verify her ID to the officers, an officer tried unsuccessfully to pry her phone out of her hands, then departed with his counterparts in unmarked vehicles. Miles alleges her son and uncle were also both detained by ICE agents who initially did not accept their Tribal IDs before eventually releasing them. In response, DHS Assistant Secretary Tricia McLaughlin-a frequent liar-said in an emailed statement that allegations that DHS law enforcement officers engage in racial profiling is "categorically FALSE."

The senators referenced this incident in their letter, noting that ICE had previously told Members of Congress that "The ICE Enforcement and Removal Operations (ERO) Academy does not train ERO officers to require any specific document to prove U.S. citizenship."

"The experience of these Tribal citizens in Washington suggests that this is false: ICE agents are demanding certain documents to prove citizenship and are unaware of different forms of Tribal ID," the lawmakers wrote.

In another recent incident, a member of Arizona's Salt River Pima-Maricopa Indian Community, Leticia Jacobo, was nearly deported after an Iowa jail mistakenly issued an ICE detainer for another inmate. Despite the fact Jacobo was in possession of her Tribal ID and had her Social Security number on file with the jail, her family had to scramble to prove her identity and Tribal citizenship to the jail staff, who released her just hours before she would have been transferred into federal custody. At least 15 Indigenous people in Arizona and New Mexico reported being questioned or detained by ICE agents in January of 2025. Harassment of Navajo Nation citizens by ICE has been so widespread that Navajo President Buu Nygren took to the airwaves to advise his members to carry identification, driver's licenses and their Certificate of Indian Blood on their person at all times.

"You have an obligation to uphold the federal government's trust and treaty obligations to Tribes and to treat Tribal citizens with respect-this is not optional. In light of recent incidents, we urge you to develop policy and trainings to ensure that all ICE agents are trained to recognize Tribal IDs, regardless of whether they are working on Tribal lands," lawmakers wrote.

The senators concluded by requesting answers no later than January 11, 2026 to their questions about DHS policies regarding interactions with Tribal citizens and Tribal ID, and how the Department is working with its Office for Civil Rights and Civil Liberties to review and investigate allegations of civil rights violations.

Wyden and Merkley have been strong advocates for congressional oversight, transparency and respect for due process. In November, Wyden and Merkley joined Senate and House colleagues to introduce the Restoring Access to Detainees Act which would ensure the Department of Homeland Security allows noncitizens who have been detained to contact their legal counsel and families. Wyden also has pressed the Department of Homeland Security about obstruction of congressional access to detention facilities. Wyden and Merkley, along with Oregon Representatives Suzanne Bonamici and Val Hoyle, demanded the Trump administration answer questions about reports that DHS had relocated an essential Coast Guard helicopter away from Newport, Oregon and is planning to build an ICE detention facility in the Oregon Coast town. In October, Wyden and Merkley fiercely opposed the administration's deployment of ICE agents and National Guard troops to the Portland ICE facility.

The letter was led by U.S. Senator Patty Murray, D- Wash. In addition to Wyden and Merkley, the letter was also signed by U.S. Senators Michael Bennet, D-Colo., Maria Cantwell, D-Wash., Catherine Cortez Masto, D-Nev., Martin Heinrich, D-N.M., Tim Kaine, D-Va., Ben Ray Lujan, D-N.M., Alex Padilla, D-Calif., Brian Schatz, D-Hawaii, and Tina Smith, D-Minn.

The full letter is here.