Does the Native American Tribal Government have the right to ban a non-native from tribal land without a crime being committed?

Asked almost 2 years ago - Bangor, ME

I am married to a native american and have lived on tribal land for 8yrs. I was served the bannishment order and escorted of the reservation. the order stated I imposed a threat or danger to there people. when I talked to the tribal cheif about why. I was told it was recommended by the police chief saying they "thought" I was bringing drugs to there reservation but there was no charge sayin I was. a month later I was approached by police chief sayin "if I worked with them and wore a wire on drug dealers he would lift my ban, I refused and few weeks later he asked me again. i got the ban lifted and 2 month later I was served with another order that I was banned saying them same as the 1st one again wit no reason other then I didn't work with them. this was done just by govener &chief police

Attorney answers (1)

  1. John Scott Swimmer

    Contributor Level 14

    2

    Lawyers agree

    Answered . An Indian Tribe has the sovereign right to ban a non-member from its Reservation. This is subject to the restrictions imposed by the tribal constitution and statutes. If the tribe has a tribal court you would need to file the challenge in that court. Attempts at bringing cases like this in Federal Court under the Indian Civil Right Act have generally been unsuccessful. You will need an attorney experienced in Indian to help you.

    This is not intended as legal advice. It is only provided for educational purposes and cannot be relied upon as... more

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