For non-natives not really. For natives, it depends on the agreements. This isn't really a traditional reservation situation, since the tribes really are not going to have the traditional governance over the land. For example, the cops are not going to get replaced by BIA or Tribal police.
Tribal governments only have criminal jurisdiction over crimes committed by Native Americans (an enrolled member of the tribe, or an enrolled member of some other federally recognised tribe). If the perpetrator is not Native American, the tribal government and courts cannot deal with the case, only local/state/federal courts and authorities can. (There is an exception to this rule, created by Congress, that domestic violence crimes committed by a non-native against their Native American spouse or partner can be dealt with through the tribal legal system.)
Civil legal jurisdiction over non-native individuals is somewhat broader, but still subject to various complex legal limits.
There are other places that are technically on tribal land, and that hasn't allowed the tribe to government them. The city and state is not going to cede governance on non-members to the tribe. Its going to end up being an agreement between the state and the tribe.
Ok, thanks. All the northern plains groups do the quantum. I suppose the Cherokee have a pretty scary history so that makes sense. The difference between the two tribes in their statement isn't because of blood, its distance to a major city.
So could a tribe welcome every single person who asks to become a tribesman? Does the government just accept whatever the tribe says? Would the government then be required to apply all the same rules and exclusions of law for such new members of the tribe?
Can you give an example of a country recognizing some but not all citizenship decisions of another country?
Like I think the US would respect a Taiwanese citizen presenting a PRC passport for instance. The PRC considers all RoC citizens to be PRC citizens and will fill out the relevant documentation for them.
So the answer is yes? This seems like a potential business opportunity for any tribe that was so inclined. They could bestow favourable tax status on anyone who wanted to go down that path.
There are limits. Allergan tried some shenanigans with a drug patent[1].
Re: taxes, the US government will make you pay all your taxes. If you pay taxes to a foreign govt then you can get a waiver for what you paid but if the tribe gives you a good deal the US govt will still demand the rest.
The Allergan example is interesting, super ballsy and got struck down.
It had to do with patent challenges through inter partie reviews (IPR) Basically Allergan transferred the patents to the tribe and said “they are sovereign and thus can’t be challenged through IPR”.
> Re: taxes, the US government will make you pay all your taxes. If you pay taxes to a foreign govt then you can get a waiver for what you paid but if the tribe gives you a good deal the US govt will still demand the rest.
That's the rule for US citizens. You would no longer be a US citizen. Presumably the rules would be exactly the same as they are for current tribe members.
Assuming you are planning to work in the US your income will still be taxed. And based on the rules from the Eduardo Saverin case you won't be able to escape taxes on what you earned before you left.
Yeah, you're right. In Canada, "status indians" get a tax exempt card to avoid sales tax at least. I didn't realize that in the US all American Natives are actually considered US citizens and are taxed federally just like everyone else. Only the tribe itself is tax exempt.
Reservations vary from quite well off (I personally knew a guy who basically had a few hundred thousand in trust from his band when he turned 18 - money from resource extraction on tribal territory) to reservations that resemble shanty towns in developing countries.
Just like it does for any other foreign citizenship.
Getting your tribe you just started recognized without any of the treaties in place is about the same level of effort as getting your new country recognized. I don't see TSA accepting Sealand passports.
No bs: I've had TSA refuse to accept my US passport card for domestic travel. He claimed there is no such thing. Twenty years down the line and we need some basic training...
