2.10.020 Applications for Citizenship

2.10.020 Applications for Citizenship.

(a) Application Form. The Enrollment Committee shall approve the application form, which shall be available in the Tribal Office and online and must be used when making application for enrollment. The application form shall be entitled “Application for Enrollment” and shall contain space for the following information:

(i) Name of applicant;

(ii) All names by which the applicant is or has been known;

(iii) Address;

(iv) Phone number;

(v) Email address;

(vi) Sex;

(vii) Date of birth;

(viii) Place of birth;

(ix) Proof of birth;

(x) Whether the applicant is adopted;

(xi) Whether the applicant enrolled in another federally recognized United States tribe;

(xii) The names of the biological parents of the applicant and Samish ancestors, including any Native American blood quantum, if known;

(xiii) If the applicant is a minor or incompetent, the name, address and relationship of the person making the application on behalf of such minor or incompetent;

(xiv) A biological family tree outlining Samish ancestry;

(xv) Certification by the applicant or guardian that the information is true to the best of his or her knowledge and belief.

(b) Who May Apply. Any person who believes he or she meets the requirements for citizenship in the Samish Indian Nation as set forth herein and is not included on the official citizenship roll may submit an application for enrollment to the enrollment staff. Applications for minor children and legally incompetent adults may be filed by a parent, next of kin, recognized guardian, a representative of the Samish Indian Child Welfare Program, or other person representative for their care. At least one supporting document required to prove eligibility for enrollment other than the affidavit of the applicant shall accompany each application.

(2) Processing of Applications. An Enrollment Officer shall process, review, and make a recommendation on each enrollment application and shall present his or her recommendation on each complete application to the Enrollment Committee. The Enrollment Officer will keep the Enrollment Committee informed about the number of applications received and status of each application including whether the application is complete or what additional information is required. The Enrollment Committee shall review the Enrollment Officer’s recommendation on each application and make its own recommendation thereon to the Tribal Council on a quarterly basis of its receipt of a complete application including supporting documents as provided in this section. An application shall be considered complete for purposes of this chapter only after the Committee has received documentation sufficient to make a final recommendation on the applicant. In the event the Committee needs additional information to make its recommendation to the Tribal Council, it shall inform the applicant in writing with a request for the specific information needed. The applicant shall have 30 days following receipt of the letter to provide the information. For good cause, the Committee may extend the time period for response. The applicant has the responsibility to prove his or her application for citizenship with sufficient documentation.

(a) Supporting Documentation. The Enrollment Committee may consider the following types of documentation in developing its citizenship recommendation:

(i) The base citizenship roll of April 2003 of Samish tribal citizens prepared and submitted by the Tribe to the Department of the Interior as part of the Samish Tribe’s governmental relationship with the United States of America;

(ii) Certified copies of birth certificates showing birth parents from any jurisdiction;

(iii) A copy of adult applicant’s driver’s license or passport or other government-issued ID;

(iv) If enrolled in another federally recognized tribe, written proof of having requested relinquishment from the other tribe, and a written response from the other tribe verifying request to relinquish;

(v) Bible records, which could include information recorded on the pages of a family Bible;

(vi) Certified results of scientific methods to determine maternity and paternity;

(vii) Certified copies of court documents from any court of competent jurisdiction; and

(viii) Sworn statements/affidavits of tribal citizens to be used in conjunction with other evidence.

(b) Weight of Evidence. The Enrollment Committee shall grant whatever weight it deems appropriate to each item of evidence presented in support of a citizenship application before making its recommendation to the Tribal Council. After the accumulation of sufficient experience, the Committee shall establish by administrative rule a list of the types of evidence it shall consider sufficient to support an application for citizenship. Such rule, as amended from time to time by the Committee, shall be subject to approval by the Tribal Council.

(a) After the Enrollment Committee has reviewed citizenship application, it shall prepare a written recommendation for the Tribal Council with the application. The Committee shall mail one copy of its recommendation to deny an application for enrollment by certified mail to the applicant. It shall post a copy of the recommendation on the bulletin board at the Tribal Office for at least 15 days before the application is to be considered by the Tribal Council. The recommendation shall include notice of when the application will be considered by the Tribal Council and shall include a statement setting out the rights of the applicant and the right of tribal citizens to protest the recommendation of the Enrollment Committee. The Committee shall submit a list of its recommendations to the Tribal Council for action.

(b) Any citizen of the Samish Indian Nation who believes that the Committee’s recommendation is in error may, within 15 days of the posting, file a written and signed protest with the Committee, stating his or her reasons for believing that the applicant is or is not entitled to enrollment. The burden of proof to provide evidence contradicting the recommendation of the Committee shall be on the protesting party, and that party shall not have access to the application file or confidential information, unless ordered by the Tribal Court.

(c) If the Committee’s recommendation is rejection of the application, the applicant may, within 15 days from receipt of the recommendation, file a written protest with the Committee, stating the reasons he or she believes the application should be approved.

(d) If a protest is filed, the Enrollment Committee shall reconsider the application in light of pertinent information submitted with the protest and shall post its final recommendation within 30 days of receipt of the protest.

(e) If no protest is filed, the Tribal Council shall act upon the Committee’s recommendation at its next regular Tribal Council meeting following expiration of the 15-day protest and posting period.

(f) If a protest is filed, the Tribal Council shall act upon the Committee’s final recommendation at its next regular Tribal Council meeting following expiration of 15 days from the date of receipt by the applicant and posting of the final recommendation set forth in subsection (3)(d) of this section.

(g) When the Tribal Council approves an application for enrollment, the applicant shall be notified by mail and/or email and the Enrollment Officer shall enter the name of the applicant on the official citizenship roll and shall assign the new citizen a citizenship number. Citizenship numbers shall be assigned in consecutive order.

(h) If the Tribal Council rejects an application for citizenship, the applicant shall be so notified by mail and/or email and advised of his or her right to appeal or to request reconsideration of the decision per STC 2.10.070.

(i) All Tribal Council citizenship decisions shall be made in the form of a resolution, but may include all citizenship applications approved on that date in one resolution, and all citizenship applications disapproved on that date in one resolution.

(4) Burden of Proof. The applicant has the responsibility of proving his or her eligibility for enrollment.

(5) Expedited Citizenship Application. In the event of extenuating circumstances, the Enrollment Committee and Tribal Council shall have authority to modify the time frames and evidentiary requirements set out in this section to expedite citizenship applications.

(6) Consent to Jurisdiction. Any person submitting an application for enrollment in the Samish Tribe for himself or herself, submitting an application on behalf of another person, or submitting information, documentation or a statement of support or opposition for any application for enrollment expressly consents to the jurisdiction of the Samish Tribal Court for any matter or appeal arising out of or under this chapter. [Res. 2023-09-003 § 1, 2023; Res. 2020-04-011 § 2, 2020.]