Understanding Native American Citizenship Rights in 2025
My name is Ted Hasse. I’m a Muscogee Nation tribal court attorney practicing in federal and tribal courts here in Oklahoma. The question I want to address today is: Are Native Americans in danger of losing their U.S. citizenship under this new administration in 2025?
Native Americans’ Citizenship Is Secure and Protected
The answer is absolutely not. There is no danger whatsoever that Native Americans in Oklahoma, or anywhere else in the United States, will lose their U.S. citizenship. All Native Americans in the United States are U.S. citizens, and nothing threatens that status. Their children are also guaranteed U.S. citizenship.
Clarifying Misleading Headlines and Legal Facts
I’m bringing this up now because just today I had two people ask me about it—one even sent me a news article with a misleading headline. The article, originally from Salon and republished by Yahoo News, read: “Excluding Indians, Trump admin questions Native Americans’ birthright citizenship in court.”
Reading that headline, someone might think the administration is arguing to strip Native Americans of citizenship. That’s simply false. What’s really happening is that the administration is challenging the scope of the 14th Amendment’s birthright citizenship clause—specifically the phrase “subject to the jurisdiction thereof.” Legal scholars have long recognized that Native Americans were not included under that clause when the 14th Amendment was adopted. Their citizenship does not come from the 14th Amendment at all.
Historical and Legal Protections of Native American Citizenship
Instead, Native American citizenship was formally and permanently established by the 1924 Snyder Act, which declared that all Native Americans born in the United States are U.S. citizens. That Act cannot be undone retroactively. Even if it were somehow repealed—which will not happen—it would not strip citizenship from those who already have it. And going forward, Native Americans born in the U.S. would still be U.S. citizens because their parents are citizens.
So let me be absolutely clear: there is no court decision, no reinterpretation of the 14th Amendment, and no act of Congress that could ever take away U.S. citizenship from Native Americans. Anyone saying otherwise is either misinformed or intentionally misleading.
Remaining Vigilant but Confident in Native American Rights
That said, there are always other issues to watch with any administration—budget changes, policy shifts, or laws that may affect civil rights. But this particular fear—that Native Americans might lose their citizenship—is completely unfounded. Native Americans are secure in their rights as U.S. citizens, both in Oklahoma and across the country.
Contact Us for a Consultation
If you have questions about U.S. citizenship, or about membership in tribal nations here in Oklahoma or beyond, feel free to give Muscogee Nation defense attorney a call. We can be reached at 918-932-2800. Again, my name is Ted Hasse, and I’m here to help clarify your rights and questions.
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