I live on Cheyenne River Sioux Tribe Reservation in northern South Dakota. The tribe is stopping all traffic on state and federal highways and only letting people through that they want. Does anyone know if this is legal or where I can go to find out more information?
Can the tribe stop all traffic on a state highway?
- Thread starter Tacotom
- Start date
Help Support Homesteading & Country Living Forum:
- Joined
- Dec 20, 2017
- Messages
- 12,779
I found this:
BREAKING NEWS: CRST deputizes officers for checkpoints along reservation borders | West River Eagle
BREAKING NEWS: CRST deputizes officers for checkpoints along reservation borders
Alaina Beautiful Bald Eagle | on April 01, 2020
Alaina Beautiful Bald Eagle
Beginning tomorrow morning, two checkpoints will be set up at the Cheyenne River Sioux Tribe reservation border on Highway 212. Late Wednesday evening, CRST Tribal Chairman Harold Frazier deputized over a dozen officers who will begin manning the checkpoints.
The chairman also released details and mission about the checkpoints, including:
In his noon address on KIPI, the chairman said, “We had a call last Monday, and I met with county sheriffs and their deputies and informed them of our plans. A representative from the governor’s office reached out to me and I talked to him about what we are planning on doing, and letting everybody know that this action was very necessary to keep our members and all the residents of this reservation safe and in good health.”
The tribal chairman said the borders would not be closed and that tribal members and residents of the reservation, as well as supply trucks and vendors are able to travel to work, on and off the reservation, but they would have to fill out a document at the checkpoint.
Questions on the checklist include questions about the travelers, where they are traveling to, and the purpose of the trip.
Radio host Dr. Michael Loescher asked what the protocol would be for individuals who have travelled to areas with known COVID-19 cases.
“If you go to an area and you come back, we’re saying that you have to do a self-quarantine of 14 days. We’re going to try to keep track of everybody, that’s why we have paperwork that will you get to these checkpoints,” Frazier said.
Earlier Wednesday afternoon, the Tribe announced emergency recruitment for “COVID-19 Task Force Deputy Officers.” Within hours, multiple applicants responded to the call.
Late this evening, over a dozen individuals were sworn in as deputy officers by the chairman, after they were briefed by the CRST Attorney General, Tribal Law Enforcement, and Tribal Health officials.
“We must protect our tribal members at all costs,” said Chairman Frazier.
BREAKING NEWS: CRST deputizes officers for checkpoints along reservation borders | West River Eagle
BREAKING NEWS: CRST deputizes officers for checkpoints along reservation borders
Alaina Beautiful Bald Eagle | on April 01, 2020
Alaina Beautiful Bald Eagle
Beginning tomorrow morning, two checkpoints will be set up at the Cheyenne River Sioux Tribe reservation border on Highway 212. Late Wednesday evening, CRST Tribal Chairman Harold Frazier deputized over a dozen officers who will begin manning the checkpoints.
The chairman also released details and mission about the checkpoints, including:
- Monitoring traffic and filling out checkpoint checklists on all traffic allowed through the reservation.
- Monitoring and tracking the flow of commercial traffic
- All out of state non-commercial traffic will not be allowed past checkpoints unless two requirements are met:
- Proof of tribal membership
- Proof of reservation residency
In his noon address on KIPI, the chairman said, “We had a call last Monday, and I met with county sheriffs and their deputies and informed them of our plans. A representative from the governor’s office reached out to me and I talked to him about what we are planning on doing, and letting everybody know that this action was very necessary to keep our members and all the residents of this reservation safe and in good health.”
The tribal chairman said the borders would not be closed and that tribal members and residents of the reservation, as well as supply trucks and vendors are able to travel to work, on and off the reservation, but they would have to fill out a document at the checkpoint.
Questions on the checklist include questions about the travelers, where they are traveling to, and the purpose of the trip.
Radio host Dr. Michael Loescher asked what the protocol would be for individuals who have travelled to areas with known COVID-19 cases.
“If you go to an area and you come back, we’re saying that you have to do a self-quarantine of 14 days. We’re going to try to keep track of everybody, that’s why we have paperwork that will you get to these checkpoints,” Frazier said.
Earlier Wednesday afternoon, the Tribe announced emergency recruitment for “COVID-19 Task Force Deputy Officers.” Within hours, multiple applicants responded to the call.
Late this evening, over a dozen individuals were sworn in as deputy officers by the chairman, after they were briefed by the CRST Attorney General, Tribal Law Enforcement, and Tribal Health officials.
“We must protect our tribal members at all costs,” said Chairman Frazier.
Last edited:
I doubt that this is legal. Without the Sheriff and Governor on your side, good luck. The politics of getting either of them to go against the Indians suggests that you are SOL. You could always hire a lawyer. How much are you willing to spend. Sorry.
Yes, tribal lands and reservations have always been non-US territories. Not subject to federal and state laws.
You need go no further than any of the casinos in southern states where gambling is illegal, to gamble to your heart's content simply by driving onto the 'reservation'.
When you go onto a reservation, all US laws fly out the window and you are subject to the laws of the 'tribe'.
Welcome to America!:green man:
- Joined
- Dec 20, 2017
- Messages
- 12,779
Just from this little bit I know, I think it is legal for them to block you from going any further, regardless of the fact that the road is a state road, it is going through the Reservation land and the Reservation is a considered a nation unto itself, is it not?
That is correct.
It is a nation unto itself.
In order to build a highway across the reservation there must be a contract between the tribe and the State or federal government. You'd need to read the agreement. Even if they were required to allow free passage you'd be lucky to get anyone to enforce that agreement right now.
I've lived here for 15 years. I'm not subject to tribal laws. We have county and state officers to police the non natives. Tribal police can't ticket us. That's why I'm wondering how they can stop us from moving to and from our own homes
As you should be able to prove residency you shouldn't have any problems.
I don't have any problem getting through the check point. Or around it since they are only on the highways. I just don't want to tell anyone my business
- Joined
- Dec 20, 2017
- Messages
- 12,779
Sounds like a mess. I think this part explains it:
"The tribal chairman said the borders would not be closed and that tribal members and residents of the reservation, as well as supply trucks and vendors are able to travel to work, on and off the reservation, but they would have to fill out a document at the checkpoint.
Questions on the checklist include questions about the travelers, where they are traveling to, and the purpose of the trip.
Radio host Dr. Michael Loescher asked what the protocol would be for individuals who have travelled to areas with known COVID-19 cases.
“If you go to an area and you come back, we’re saying that you have to do a self-quarantine of 14 days. We’re going to try to keep track of everybody, that’s why we have paperwork that will you get to these checkpoints,” Frazier said."
It's as if there are invisible boundaries of native and non-native. You live there but you are not held to the letter of their laws (unless you do something against them, or their people or land, I would assume).
"The tribal chairman said the borders would not be closed and that tribal members and residents of the reservation, as well as supply trucks and vendors are able to travel to work, on and off the reservation, but they would have to fill out a document at the checkpoint.
Questions on the checklist include questions about the travelers, where they are traveling to, and the purpose of the trip.
Radio host Dr. Michael Loescher asked what the protocol would be for individuals who have travelled to areas with known COVID-19 cases.
“If you go to an area and you come back, we’re saying that you have to do a self-quarantine of 14 days. We’re going to try to keep track of everybody, that’s why we have paperwork that will you get to these checkpoints,” Frazier said."
It's as if there are invisible boundaries of native and non-native. You live there but you are not held to the letter of their laws (unless you do something against them, or their people or land, I would assume).
- Joined
- Dec 20, 2017
- Messages
- 12,779
Then make something up, store, doctor, pharmacy, pet foood, gas, plants for the garden. But you're just saying you don't want to tell them your business.
Right. And the natives aren't under our laws. I will have to out up with the fact that I'm not free here anymore
If you cross into 'their' land you are subject to 'their' laws, not ours.
Always have been.
My favorite playground:
Last edited:
Is the highways technically tribal land? It is maintained by the state only. I'm not sure of the legality of what they are doing
- Joined
- Dec 3, 2017
- Messages
- 27,297
- Joined
- Dec 3, 2017
- Messages
- 27,297
Sccording to the contract,if its egress and regress only then yes you could be.
- Joined
- Dec 20, 2017
- Messages
- 12,779
Technically, iffy. Because the land still doesn't belong to the Native Americans anyway. It is held in trust by the U.S. Government. It is a mess and I wish things were different for them. They can't buy and sell, build equity, on tribal land. There is a lot that is wrong with the whole thing. I think there is a lot that has been kept under wraps about "Indians' lack of rights" for generations.
Yes, the state maintains the highway on "their" land because of treaties that were signed hundreds of years ago promising that we (the white man) would not abandon them there.
It is not our highway when it passes into their land.
- Joined
- Dec 3, 2017
- Messages
- 27,297
Its either soverign tribal lands, a within a nation or its not.
What i n the heck does that mean Patch? That sounds like a band of bandits drew that up.
What i n the heck does that mean Patch? That sounds like a band of bandits drew that up.
Right now there are many illegal and unconstitutional acts going on all across the country. It will take a while to sort things out.
Should be interesting to see how this all works out. Our governor is not likely to press the natives right now because of the pipeline that is supposed to be dug in this summer. The tribal chairman has promised protests against that similar to what we had in North Dakota
- Joined
- Dec 3, 2017
- Messages
- 27,297
Tribal land don't seem to be good fro the indian. Too many sick unhealthy people live on them. Also if they want sovereigty then they should no get any welfare at all.
Theie own people take advantage over them in these casinos and gambling places. So what is the solution, don't know. Not one reibe on earth that isn't affected by lust,greed and violence.
Theie own people take advantage over them in these casinos and gambling places. So what is the solution, don't know. Not one reibe on earth that isn't affected by lust,greed and violence.
I have always thought the states should set up checkpoints for traffic coming off tribal land. Check for untaxed cigarettes, fuel, and illegal fireworks. Maybe ban non-natives from going to the casino.
They want sovereignty then give it to them.
They want sovereignty then give it to them.
Tribal land is sovereign, to the degree that only tribal and Federal authorities have any jurisdiction on tribal lands. They can and do control access. But as it has been said, it works both ways.
But both county and state police can ticket non natives that either live here or are passing through. If a tribal officer tickets me I just throw it away
- Joined
- Dec 20, 2017
- Messages
- 12,779
The supreme court ruled in the 1980's that all internal affairs and civil authority over non-tribal members on tribal lands exists to the extent necessary to protect health, welfare, economic interests or political interests of the tribal nation. Then in the 1990's they ruled that a tribe does not have criminal jurisdiction over a non-tribal member, but that the tribe "also possess their traditional and undisputed power to exclude persons who they deem to be undesirable from tribal lands." And because of that tribal LEO's have the power if necessary, to eject non-tribal members or to stop them from entering tribal lands.
So again, a tribe can control access.
So again, a tribe can control access.
But my property and home are on deeded land within the reservation boundaries. Therefore I am a citizen of the state and not bound by tribal laws
That's weird because the court ruled in Johnson V. McIntosh that if the land is tribal it cannot be sold to non-tribal members.
https://doctrineofdiscovery.org/johnson-v-mcintosh/
"The Indians were admitted to be the rightful occupants of the soil, with a legal as well as just claim to retain possession of it, and to use it according to their own discretion."
https://doctrineofdiscovery.org/johnson-v-mcintosh/
"The Indians were admitted to be the rightful occupants of the soil, with a legal as well as just claim to retain possession of it, and to use it according to their own discretion."
