Restoring Lipan Apache Women's Laws, Lands, and Strength in El Calaboz Rancheria at the Texas-Mexico Border

Published in Signs: Journal of Women in Culture and Society 2010, vol. 35, no. 3, The University of Chicago.
Comparative Perspectives Symposium: Indigenous Feminisms

Abstract: Ndé gową goshjaa (Lipan Apache families or clan relations) produce a significant portion of indigenous alliances and resistances to imperialism, colonization, industrialization, and militarization in the Lower Rio Grande Valley in south Texas. The visibility of Ndé isdzáné (Lipan Apache women) in the Lower Rio Grande Valley changed radically after the passage of the Secure Fence Act in 2006. In this essay, I speak from my position as one of the cofounders of the Lipan Apache Women Defense and as the third‐born daughter of vocal and consistent leaders of the reemergent Ndé isdzáné in the traditional territories of the Ndé. My analysis is not meant to substitute for the important analysis of local matrilineal leaders, nor is it meant to be static. Rather, as an Ndé isdzáné scholar, I must allow the space to make and to know the people, politics, histories, events, and meanings as they continue to unfold. I believe that Ndé isdzáné, as a basis for Ndé activism (which includes supportive brothers) and as a category of analysis, furthers the work of feminism in U.S., North American, indigenous, and global indigenous human rights defense work. Investigating the histories of our indigenous foremothers—respecting and acknowledging community‐based rights, wishes, and aspirations—challenges Ndé women and our allies to reflect on the rights work of contemporary indigenous women in militarized and state‐occupied policing zones and their roles and challenges as political actors in extreme struggles against economic enslavement, dispossession, land theft, vital resource deprivation, environmental destruction, detention, rape, racialized sexism, indentured servitude, and casta.

Indigenous Elders Singled Out for New Round of Federal Condemnations on Texas-Mexico Border

January 5, 2010





Contacts:
Eloisa García Támez: Eloisa.Tamez1@gmail.com
Margo Tamez, sumalhepa.nde.defense@gmail.com


For Immediate Release

Lipan Apaches, Támez-Benavidez Stronghold on Texas-Mexico Border
Singled Out for New Round of Federal Condemnations

Feds Want More Land to Put 'Holes' in Border Wall for Commercial Users:
Native American & Traditional Peoples' Lands Targeted for Surveys


Recently, a communication from a spokesperson from the Office of Congressional Affairs, Customs and Border Protection to the Office of Congressman Solomon P. Ortiz stated, "We have not yet made a decision on whether to take any of Dr. Tamez’s land. If there is another way to allow other landowners access, we will try to accomplish it in that way; however, we haven’t yet identified another way.”

Eloisa Támez and her elderly relative, (Sr. Benavidez), have an active lawsuit against the United States and the Texas-Mexico Border Wall, which, last April 2009, sealed off the Indigenous and Traditional Peoples of El Calaboz from their lands, culture, and livelihoods on the south side of the wall. Tamez and Benavidez, who challenged the U.S. in a class action law suit, are currently awaiting notification of the new date of their 'compensation' jury trial, which has been postponed more than three times.

The extensively documented case, Eloisa G. Tamez, et al. Civil Action No.: 1:08-CV-0004 (United States District Court for the Southern District of Texas (Brownsville Division), has opened up new conceptual grounds about the contemporary challenges of states’ rights and human rights, and where these intersect with Indigenous peoples' rights to culture, environments, livelihoods, traditional ways of life and Peoplehood.

The lands in contestation have been held in continuity by Indigenous peoples prior to the Spanish colonization of northeast Mexico and Texas, and in 1749 were granted to the ancestors of Tamez and Benavidez. European legal traditions of granting lands collectively and individually to Native Americans has origins in 1526, when Hernán Cortéz granted encomiendas and hidalgos to Nahua and Tlaxcalteca peoples.

The tradition of granting lands to Indigenous peoples throughout Mexico’s northern states and the U.S. Southwest is a complex and entangled legal history between Native Americans on both sides of the U.S.-Mexico border and the States, and often involving heated contestation when Native American rights to exist and to practice their laws, religions, and traditional organization are denied and threatened by the State em>especially when mega-development is an issue. In a previously published article, the Lipan Apache Women Defense has demonstrated that militarization, militarism, border walls, security technology, war contractors and dispossessing Indigenous peoples is big development for U.S.-based contractors. See 'Resources', below.

In the recent notification by the U.S. to Támez, it appears the U.S. government is considering the possibility of condemning more of her lands if she does not provide them entry to conduct more surveys. According to Cylke, the U.S. is seeking entry to “cure access” for land owners requesting commercial access to the levee and their lands on the south of the wall. Tamez, however, challenges this logic. “While it is true that access to the south side of the wall is important for many landowners, it is not rational that the government needs to possess more land on the levee—or beneath it—in order to open a hole in the wall. All they have to do is remove portions of what they constructed, not condemn more land to do so. The government is not being transparent. Condemn more lands to open the wall? Something is not right. I am refusing to allow them entry to my property for the 12 months they requested. If they want to open the wall, they should do so; the people need access to the titled lands on the south of the levee for their subsistence and livelihoods. However, the government should not require dispossessing individuals any further for that access to occur. The government and the contractors are targeting the Indigenous elders who have been most vocal in the exposure of the corruption which is at the foundation of the wall's construction. They are targeting us as a specific group. The government recently dismantled a large section of the wall down the road from El Calaboz at a locally well-known agricultural business. We feel at this time, given the history of this case and the history of non-transparency in all matters regarding the border wall construction, that we must stand firm.”

According to Margo Tamez, a Lipan Apache scholar at Washington State University, the U.S. may not have the final say if the Indigenous peoples are successful in gaining the ear of the Inter-American Commission/Organization of American States.

In October 2008, the Inter-American Commission on Human Rights (IACHR) of the Organization of the American States (OAS) held its 133rd regular period of sessions. In this period, the IACHR/OAS read briefs and listened to testimony of the University of Texas Law Working Group, comprised of faculty and law students of the University of Texas Law School, with Margo Tamez, an impacted community member. In their formal statement, the IACHR/OAS Jurists responded: "The Commission received troubling information about the impact that the construction of a wall in Texas, along the U.S.-Mexico border, has on the human rights of area residents, in particular its discriminatory effects. The information received indicates that its construction would disproportionally affect people who are poor, with a low level of education, and generally of Mexican descent, as well as indigenous communities on both sides of the border."
(Available at: http://www.utexas.edu/law/academics/centers/humanrights/borderwall/analysis/iac-Press-Release-re-Hearing.pdf).

Texas-Mexico IAS/OAS Testimony at: http://lipanapachecommunitydefense.blogspot.com/2008/10/texas-mexico-border-wall-hearing-at.html.

Indigenous peoples along the Texas-Mexico border—more than many other impacted groups—are burdened in multiple ways and disproportionately on all border wall construction projects because their communities have already been consistently targeted for State violence, militarization, repression and dispossession as a matter of the normative policies of the neo-liberal and settler State.

The ‘third world’ conditions of the Texas border communities are directly related to the structural violence which goes hand-in-hand with the the settler state and settler constitutionalism dominating the region’s violent race, gender, and class politics. The normalization of the Texas-Mexico border communities as 'sacrifice zones' is so deeply internalized within the consciousness of South Texas' white citizenry that the scale of the violence and injustice is invisible to them.

Many historians have anayzed Texas as a unique case in North American histories of genocide and ethnic cleansing, and the entrenched pockets of cultures of violence which sustain the creed of lawlessness. The idealogy of hatred which birthed the settler society and spawned South Texas' industrial corridors as the 'gateway' to Latin America is, as historian Gary Clayton Anderson stated, a culture where "Violence, especially against ethnic groups, had become economically institutionalized in Texas." In this cultural landscape, the promotion of lawlessness, turmoil, and opportunity collide, and 'South Texas', from Indigenous perspectives, was constructed as an excuse to develop, destroy and kill.

Tragically, today this consciousness has not evolved. Violence has become, as Anderson argues, "ingrained in Texas, especially in the southern counties." As in the past, today South Texas violence is laissez faire andfixed in an opportunistic manner--among governors, corporations, contractors, workers, congresspersons, commissioners, rangers, border patrols, and civil society.

Indigenous peoples along the Texas border were already under extreme deprivation before the border wall--at alarming scales and at comparitive levels with many Third World nations and militarized conflict zones around the world. Fernando Romero-Lar cross-analyzed this border with the world's top conflict zones: North Korea-South Korea; Israel and Palestine; Morocco and Spain; South Africa; and the Golden Triangle. Romero-Lar found that this border topped the list of all conflict-industrial global militarized borders to qualify as a 'hyper-border.' (See report: "Texas Borderlands: Frontier of the Future (2009)")

The fundamental rights of Indigenous peoples are distorted in the normative Texas Creation Myth which traditionally views Indigenous peoples as less than human, servants, laborers, and 'the multitudes of surplus workers.' This construction of Indigenous peoples as 'Other' is a popularized stereotype which contorts white heroic masculinity through rationalized acts of genocide, extermination and structural violence against South & West Texas' and northern Mexico's aboriginal inhabitants.

Indigenous peoples' precarious access to critical First Foods (necessary for the repair of their dietary health), safe and potable water, safe housing, healthcare, education, jobs, transportation, and an environment free of gender violence and militarization has been overshadowed by the general society's pre-occupation with 'security' thinly masking the development objectives of NAFTA, the Security and Prosperity Partnership, and ongoing projects of the lucrative corporate war occupation to militarize our environments. Indigenous elders, while they contend with degrading and destructive harrassment and surveillance upon them as they go about their personal lives, cannot help but speak out against the erosion of rule of law and human rights as a daily reality in South Texas.

The occupied aspects of their lives is anything but natural--militarized occupation in South Texas and northern Mexico, funded with U.S. tax dollars, Homeland Security, and the Department of Defense, is socially and physically constructed by a Euro-American settler society which emigrated to the Texas border in the mid 19th century. Massive waves of Euro-ethnic emigrants and Anglos from the U.S. south appropriated Texas constitutionalized slavery as a normalized economic system of an expansion-prone, modernizing society. At its essence and most fundamental level, Texas embodies the principles of Liberal democracy and settler constitutionalism--based on a stratified society where Indigenous peoples, such as Apaches, Tlaxcaltecas, Coahuiltecs, Tiguas, Kikapoos, and Comanches, are viewed as 'enemies,' and exploitable as human battery packs energizing the dreamscape of the middle-class consumer.

Along the U.S. side of the Texas-Mexico border, the flavor of white America is most palpable on a one-on-one and up-close basis, as the Indigenous peoples witness, report and document their most fundamental human rights being further eroded. When they are not being followed by gangs of CBP patrol cars, U.S. helicopters, and government functionaries trampling through their lands unannounced, they are confronted with the new migrant workers imported to the region to consume the manly job of building the border wall.



With the new waves of Angl-American emigrants from states such as Nebraska and those incomes going out of state to households in the Mid-West, it seems as though the border wall is truly an import-export job. When the border wall was being constructed in Cameron County, community members reported that the increase in large vehicle (i.e. trucks) traffic on Hwy 281/Military Highway bearing license plates with NEBRASKA engraved upon them was obvious and noticeable. Government contractors tend to be loyal to their home districts and states, and Euro-American migrant workers from Nebraska importing a conspicuously Mid-Western consciousness of 'Indians' and 'Mexicans, i.e. savages/illegals' could be felt in the road and table manners of the Nebraska migrant workers exercising both militaristic and tourist-like behaviors with local Indigenous women--both on roads and restaurants, according to local witnesses. It seemed as though the daily work to build the wall included a conscious opportunistic will to exercise old-fashioned American masculinity and sexism upon the Indigenous women labor force.



Local communities are exposed daily to these ruptures and multiple others in their daily lives, from the perniciously benign forces of white privilege and racism to the most obvious obstructions to human rights of the wall itself. They bear witness to the criminality, dangerous behaviors, greed and thievery of the mega-wealthy--which is ironic--considering that the U.S. citizenry just endured one of the most severe economic depressions in a century.

These fixtures of violence in the heart of darkness continues to define and to mark Texas as a pernicious state within an outlaw State; an identity with a propensity for achieving 'public goals' exercised 'democratically' through violence against Indigenous peoples. In the whitestream, this violence generally goes unaddressed by the state, federal governments and U.S. civil society (who'd rather stay 'safe' in the boundaries of debating the progressiveness of 'Avatar' rather than hone in on the current ethnocides in the U.S. 'Congo'--South Texas.

This violent and negligent will to empire, from the perspective of many Indigenous elders along the Texas-Mexico border, must then be taken up at different levels of legal oversite. They are resolved that they will not be intimidated by the violent propensities of the settler society for Indigenous land, water, minerals and bodies which are the markers of mega-projects.

Mega-projects--such as the border wall--impede the Indigenous elders from accessing their ancestral medicine plants, their biologically diverse properties titled to their ancestors through Crown land grants and treaties, and their sacred burial sites such as cemeteries which align both sides of the border wall. Indigenous peoples’ genealogical ties to historical places along the border wall construction, such as rancherias, communal meeting places, religious sites, missions, pueblos, presidios, wildlife areas, and traditional subsistence areas throughout the Texas-Mexico border region are eroding every day as a result of the lack of access to the lands on the south side of the wall which are owned by Indigenous peoples.

Eloisa Támez, a vocal opponent to the wall, seeks secure and unharmed access to her lands on the south side of the wall. Támez has documented numerous important species of flora and fauna on her lands necessary for continuity of culture, and she watches over the sites of habitation of her ancestors due to the destructive methods of government contractors who destroyed portions of her properties vegetation during the construction of the wall. The Lipan Apaches, like the Kickapoo, Tigua, and numerous tribes in Arizona, argue that the racist politics which are the foundation of the border wall must be calculated as “irreparable damage.” She does not believe that the government’s new request for “curing access” should entail dispossessing her elders and her community from Indigenous rights and the protection of their human rights. The federal lawsuit documented the ancestral, genealogical ties of Tamez and Benavidez, and an important South Texas Lipan Apache band in the region, which are signatories on key treaties, accords, hidalgos, merceds and land grants with Spain, Mexico, Texas and the United States.

Margo Tamez, a scholar at Washington State University, notes, “By refusing this community’s requests for secure access to their lands and cultural properties—which are necessary to sustain their traditional subsistence vis-à-vis agrarian, pastoral livelihoods, traditional gatherings and religious practices— the U.S. is failing to protect their human rights under International Law. Negative consequences may be associated with the failure to do so.”

Eloisa Tamez, a strong proponent of the health of poor and traditional peoples of her community, restates her firm resolve. “The health of our elders is severely threatened by this singling out of our small community—and our elders—in El Calaboz and the possibility of further dispossession.” Numerous experts debating and writing about this case agree that the border wall mega-project and continuous dispossessions against numerous traditional and poor communities disproportionately targets the most vulnerable. Texas’ border counties are the poorest in the nation. The wall currently stands on the #1 and #2 most impoverished counties in the entire U.S., according to the last five years census reports. Cameron, Hidalgo, Starr and Presidio counties are often analyzed and cross-compared to many developing nations--globally.

Margo Tamez, who is also the founder of an Indigenous Peoples Organization at the United Nations Permanent Forum on Indigenous Issues, concurs with the community members. “We feel that Indigenous peoples’ human rights are being violated—and this serious concern explicitly involves the United States and state government representatives along the entire U.S.-Mexico border—on both sides of the border. Lipan Apaches have demonstrated their serious grievances against the violation of their human rights along with other Apache nations (San Carlos Apache Tribe) at the United Nations in the past two years. The international law forums are increasingly critical sites for Indigenous peoples divided by this border to seek out alternative partners, allies, and legal avenues to pursue reparations and their human rights against States which are violators.”

At the local level, the singling out of Indigenous elders is causing further injury and irreparable harm against future existences of Lipan Apaches and Traditional Peoples in the El Calaboz Ranchería. Their lifeways are threatened, and thus, so are Lipan Apache grandchildren and great-grandchildren. Indigenous children’s rights are increasingly taking on important visibility at the United Nations, where the U.S. has been taken to task for numerous violations against Indigenous children who live and work within its political borders. Eloisa Támez, in her on-going challenge to dispossession, is taking a firm stand for the rights of Indigenous children. She states, “This is for the children—ours and everyone’s. The government is possibly seeking to take possessory rights to the Earth beneath the levee. My grandparents would not have allowed that, and they actively fought against this in their time. This is an on-going struggle for Indigenous peoples. Those land cannot be taken from the Indigenous peoples, according to traditional beliefs. The Earth is not for taking."


Resources:

Gary Clayton Anderson, The Conquest of Texas: Ethnic Cleansing in the Promised Land, 1820-1875, (Normal: University of Oklahoma Press, 2005).

The University of Texas at Austin, School of Law & The Bernard and Audre Rapoport Center for Human Rights and Justice, "The Texas-Mexico Border Wall," at http://www.utexas.edu/law/academics/centers/humanrights/borderwall/law/lawsuits-government.html.

Fernando Romero/Lar, Hyper-Border: The Contemporary U.S.-Mexico Border and Its Future, (New York: Princeton Architectural Press, 2008).

Margo Tamez, "The Texas-Mexico Border Wall Through the Eyes of Indigenous Communities in El Calaboz Rancheria," May 2008.
Excerpt:
The following is a list of corporate contractors involved in the building of the
Border wall in S. Texas.

Lockheed Martin
Texas Divisions of Raytheon (Network Centric Systems)
L-C Communications (Integrated Systems)
Northrup Grumman (Los Angeles, CA)
BAE Systems (Austin, TX)
SAIC of San Diego
Computer Sciences Corp of El Segundo, CA
America’s Border Security Group (Erriccson Inc, Plano, TX)
(NASDAQ: ERIKY)
Fluor Corporation (NYSEL:FLR)
SYColeman Corporation
MTC Technologies
CAMBER Corporation
AEP Networks, Inc.
Texas A & M University
University of Texas (Austin)
Boeing
Kellogg Brown & Root (Halliburton)
Secure Border Initiative Network
United Kingdom Home Office


Sources for the above:
PennWell. “Defense firms turn to border security.” Washington, 28, Dec. 2005.
“The government’s high-profile offensive to control the borders is spawning a growth market for the nations’s defense industry.” http://mae.pannet.com/Articles/Article_Display.cfm?ARTICLE_ID=244491&p=32 Accessed 11/20/07.

AEP Networks, America’s Border Security Group. “Ericcson’s AMerioca Border Security Group (ABSG) Offers Proven Effective Solution for U.S. Border Security.” http://www.aepnetworks.com/news/press_archive/release_06012006.htm
Accessed 11/20/07.

Richey, Joseph. “Fencingthe Border: Boeing’s High-Tech Plan Falters.” July 9, 2007http://www.corpwatch.org/article.php?id=14552. Accessed 11/20/07.;

“Software Glitches Delay Virtual Border Fence.” Newsmax.com. Tuesday, Ocotober 30, 2007. http://www.newsmax.com/us/virtual_border_fence/2007/10/30/45069.html Accessed 11/20/07.;

Riley, Michael. “Fortress America--Building a Border: Part 2.” Denver Post. 03/06/07http://www.denverpost.com/fortressamerica/ci_5356695. Accessed 11/20/07.;

McLemore, David. “Border Residents fuming over fence plans.” June 26, 2007. http://www.dallasnews.com/sharedcontent/dws/news/texassouthwest/stories/062707dntex...Accessed 11/20/07;

Downing, Margaret. “Killing Fences: Totally Misconstrued.” Houston Press, May 31 2007. http://www.houstonpress.com/2007-05-31/news/killing-fences-totally-misconstrued/ Accessed 11/20/07;

Richey, Joseph. “Border for Sale: Privitizing Immigration Control. July 5, 2006. http://www.corpwatch.org/article.php?id=13845&printsafe=1 Accessed 11/20/07;

PRNewswire. Garland, TX. “Raytheon Awarded Contract with U.K. Home Office for e-Borders Project.” November 14, 2007,http://money.cnn.com/news/newsfeeds/articles/prnewswire/NEW03314112007-1.htm Accessed 11/20/07.

HONDAH' --WELCOME!

BORDER WALL UPDATE:
'Compensation': The hearings for 'compensation' for landowners along the last 70 miles of the Texas-Tamaulipas border have been delayed for the third time.
Although we do not have the specific date, we have been told by attorneys, and some have only found out through the scanty news reportage, that hearings will be held in December 2009.

Other Actions:

TAMEZ FAMILY LAWSUITS:
At the last hearing, in April 2009, the TAMEZ defense submitted the "CONSULTATION BRIEF."
For more information about the border wall law suits (U.S. Federal, International Human Rights), or specific aspects of the impacts of the border wall upon Indigenous peoples who are in litigation, see 'Texas-Mexico Border Wall, University of Texas School of Law'.

"IN DEMOCRACY'S SHADOW: FENCES, RAIDS, AND THE PRODUCTION OF MIGRANT ILLEGALITY" by Daniel Ibsen Morales

Dr. Eloisa Garcia Tamez separated from ancestral lands by the mega-project border wall constructed by the United States against the firm protests of the Nde' of El Calaboz Rancheria and from related Nde' across the United States.



University of Wisconsin Law School, Legal Studies Research Paper Series, Paper No. 1068, January 2009, Daniel Ibsen Morales

Excerpt (pp 103-104):
"the government knows that the fence is ill-conceived. State-authored reports show, and experts agree, that the project is a classic white elephant; it is expensive, breachable, and its most dramatic effect is to shift migration pathways to dangerous areas where migrants are more likely to die en route to the United States."

Excerpt (p 129):
"The congruence, though, between Tamez‘s case in domestic court and in the international arena is not accidental; the origins of the international human rights regime are distinctly American.119 And, as in the domestic sphere, this story might be different if the Group was not conceding, as it must, the basic point that the right to property it asserts is very limited because ―the U.S. government has the right to subordinate the use of private property for reasons of public utility and social interest.‖120 As it stands, however, this international briefing (as well as the briefings in Tamez) attack and subjugate the administrative while reinscribing the primacy and unimpeachability of democratic authority, and leave out as uncognizable the deeper rights she has to the land (due to her Amerindian and Spanish heritage). Put plainly, the structure of the suits only reinforces the existing power relationships that lead to Tamez‘s problem in the first instance."

UPDATE: TAMEZ & BENAVIDEZ CASE & DOCUMENTS

Your support is very important to the critical examination of the U.S. law system as it pertains to indigenous peoples whose customary and traditional lands are within the U.S. political boundaries, and at U.S. international borders.

Thanks to all who have been holding vigils for the Benavidez and Tamez extended clans on the El Calaboz side, and the Premont and Redford sides of the impacted families. Ahe'he'e to all the Nde' who are faithfully keeping watch.

There are too many to thank, so if you are reading this and are familiar with the efforts since 2006 of the elders of El Calaboz to retain customary and traditional rights to the lands in El Calaboz Rancheria, and you have been supporting this effort, then... at some point along the way you came to respond to this collective work even on your very busy path. You have helped us to support the wishes of the elders of El Calaboz in their legal, spiritual, political and social movement. El Calaboz Rancheria has a long and consistent history of indigenous peoples taking up issues of injustice, and the periodic rise of state violence in their lands.

Even if not directly, your work is making a difference in our lives and in the steady progress of this case--in the United States and in the international spheres.

The last 36 hours have been tough, grueling, as well as full of revelations, as they were back in 2006, when the government armed personnel attempted to take possession of customary and traditional lands along the last 70 miles of the Texas-Mexico border through the use of armed force and intimidation of the elders.

This was the famous 'waiver' period--when the Customs Border Patrol and DHS agents attempted to force community members to surrender their lands on the spot using a piece of paper, and forcing them to sign--in violation of constitutional and international law.

The last 24 hours has been focused on a temporary restraining order, the Judge's response to that order, and preparing the affected landowners (TAMEZ, BENAVIDES, et al)due to the fact that the United States, in direct violation of the condemnation and possessionorder, plowed ahead and built the wall on our elders' lands.

The Garcia, Cavazos and the Benavides lands are traditionally used for pastoralist goat and cattle herding, subsistence only, by the families also known as 'originarios'--First Peoples.

The wall went up in approximately 24 hours on both Garcia/Cavazos lands (Eloisa Garcia Tamez) and the Benavidez lands. Please reference Kevin Sieff's story in the Brownsville Herald.

As we continue to demand that the United States adhere to Judge Hanen's order to consult the families prior to building the wall (NOT a mute point), we are also looking ahead to the still-scheduled jury trial in October on the issues of compensation. Please recall that the United States government argues that the impact to the future generations of this possession and condemnation is $5000.

After the jury trial in October, we will then pick up the process of the 5th Circuit appeal, which will be led again by our attorney, Peter Schey (Center for Human Rights and Constitutional Law) who on a conference call yesterday, faithfully committed to our elders to continue to challenge the gross violations of the constitution and civil rights.

One step at a time...this morning will be a challenge for effected landowners of the traditional and customary rancheria of El Calaboz. They are being represented by civil rights attorney, Corinna Spencer-Scheurich,a Texas attorney, who is standing in for the Center for Human Rights and Constitutional Law, who could not be present at the hearing on consultation violations, called less than 24 hours ago.

The last 36 hours and the work products which we completed and compiled to educate the government about 'consultation' for our community ("Consultation...", Temporary Restraining Order, Research Poster, Briefing on Indigenous Peoples by UT Law Working Group, and other supporting docs ) could not have come to existence without the tireless work of the following individuals: Attorneys Peter Schey and Chris Scherer; Dr. Jeff Sheperd--UT El Paso; Professor of Law, Denise Gilman, UT-Austin; Lipan Apache Band of Texas, Council Chair, Daniel Castro Romero, Jr.; Dr. Enrique Maestas; Erik K. Hrabovsky, and of course, the Benavidez elders and Dr. Eloisa Garcia Tamez.

Dagotee' gozhoole' (Beauty all around...)
Margo Tamez
Co-Founder, Lipan Apache Women Defense

Judge Hanen Orders Condemnation and Possession of Indigenous Lands; Tamez Family Continues Fight for Lands & Ancestral Sites

"I am captive in my own land," Eloisa Tamez tells audience of researchers, scholars and indigenous peoples at Western Social Sciences Association 51st Annual Conference, in Albuquerque, New Mexico, April 16, 2009.



Eloisa Tamez, at the Albuquerque Peace & Justice Center, hours after hearing the news that the U.S. (Obama Administration) will take possession of her lands, irregardless of numerous attempts by her, Margo Tamez, attorneys, and the Lipan Apache Women Defense support community to encourage peace settlements, peace negotiations, and dignity for human and indigenous peoples' rights.

Press Release: Eloisa Tamez’ Land condemned for Border Wall
April 16, 2009



Albuquerque, New Mexico--A federal judge in Brownsville, TX issued an order today granting the federal government's request to condemn the ancestral land of the Tamez Family, who are Lipan Apaches. Although this land has been in the Tamez family prior to the Spanish colonization, and also designated to them through Spanish Crown law (1767, as of today, it is in the possession of the United States Department of Homeland Security.

The landowner, Eloisa Tamez, heard about Judge Hanen’s order while participating in the Western Social Sciences Association Conference in Albuquerque, where she was participating in a Three part panel: "Indigenous People's and the U.S.-Mexico Border: Militarization, Resistance, and Rights." She is with a group of colleagues from several bi-national Indigenous Border communities and experts on militarization and the impact of the border wall.

The Tamez family reports that this is an urgent situation which needs international attention and wide press coverage.

Opportunities for press interviews will be held at the WSSA Conference location, at the Hyatt Regency in Albuquerque, New Mexico, 330 Tijeras NW, following the panel discussions below.

Panel II Friday April 17 8:00am-9:30am Sendero Room 1 “Militarization”
Panel III Friday April 17th 2:45pm-4:15pm Sendero Room 2 “Resistance”

Contacts:
Cynthia Bejarano 575-571-7359
April Cotte acotte@igc.org



BOLETIN DE PRENSA

16 de abril

Albuquerque, Nuevo Mexico, EEUU--Un juez federal de Estados Unidos envío ordenes para otorgarle libertad al gobierno federal en "condenar" las tierras ancestrales de la familia Tamez, ubicadas en el pueblo de El Calaboz a la orilla del Río Bravo, estado de Tejas. Aun sin embargo dicha tierra ha pertenecido a la Familia Tamez y los apache Lipan desde la época colonial pero a partir de hoy, se convierte en propiedad de Homeland Security en perpetuidad.

Eloisa Tamez e hija (Margo Tamez) son integrantes de una numerosa comunidad de indígenas binacionales e individuos o grupos expertos en asuntos migratorios y militarización quienes han sostenido una serie de medidas de resistencia y rechazo a las amenazas de Homeland Security desde agosto 2007. Aunado a ello se han organizado para elevar sus protestas a los tribunales federales, y al Presidente Obama quien mañana se reúne con el Presidente Felipe Calderón en la Ciudad de México.

El aviso oficial con fecha 18 de abril fue presentado por la Corte Distrital de Estados Unidos en Brownsville Texas. En términos legales le avisan a la Dr. Eloisa Tamez que el gobierno federal le decomisa el terreno de 0.25 acres para instalar, construir y operar caminos, cercos, barreras vehiculares, sistema de vigilancia y estructuras diseñadas en relación a la seguridad del muro entre Estados Unidos y México dentro del Estado de Tejas.

A partir del 25 de febrero de 2009, el gobierno federal sometió una moción para lograr posesión de dicha propiedad. La familia Tamez inmediatamente se negó a negociar pero por medio del documento de hoy, se busca ignorar dicha rebeldía.

Como resultado del programa federal por construir cercos o mayores barreras fronterizas a lo largo de la división territorial entre Estados Unidos y México, actualmente están en pie de lucha varias familias quienes se encuentran en la misma situación.

Lo extraordinario es que entre los grupos de familias y pueblos indígenas, también se encuentran empresas privadas quienes ya han resuelto la problemática de tener un muro vergonzoso en sus propiedades exclusivas y costosas. Como resultado de dichas negociaciones “privadas”, hoy se pueden apreciar una serie de “hoyos” o interrupciones oficiales en la secuencia del muro. Pero son amparados por el poder político de grupos multimillonarios como las familias Hunt y Moody, al igual que la Universidad de Texas en Brownsville y el campo de golf River Bend Resort.

Hasta la fecha la familia Tamez ha llevado sus quejas hasta los foros internacionales por medio de las Naciones Unidas, Foro Permanente de Asuntos Indígenas en su Séptima Sesión, Comisión Interamericana, OAS y Al-Jazeera, al igual que los medios europeos incluyendo numerosos diarios mexicanos como La Jornada, Reforma, El Universal, medios hispanos regionales y locales, etc.

Aun a pesar de ello se considera continuar insistiendo en la demanda de los grupos en rebeldía para obligar que el gobierno federal desista en condenar dichos terrenos. Entre los mas apremiantes continua la exigencia de que el gobierno inicie un dialogo conciliatorio lo cual han presentado por escrito pero hasta la fecha no han recibido respuesta alguna por el gobiernos federal.

Últimamente dichas familias presentaron una solicitud para negociar sobre la tenencia de la tierra argumentando que según los acuerdos virreinales –dicha oferta se les negó. Los afectados proponen llegar a un acuerdo pacifico pero ha fallado y aparentemente el gobierno prefiere la confrontación ancestral como el único medio para resolver los asuntos fronterizos.

LOS AFECTADOS SE ENCUENTRAN PARTICIPANDO EN LA CONFERENCIA ANUAL DE: WESTERN SOCIAL SCIENCE ASSOCIATION ABRIL 15 – 18, 2009 EN ALBUQUERQUE, NUEVO MEXICO.


Como panelistas el grupo participara:
· Viernes 17 de 8:00 a 9:30 Cuarto Sendero I, sobre “Militarización” en la frontera.
· Viernes 17 de 2:45 a 4:15 Cuarto Sendero II, sobre “Resistencia” de los asuntos indígenas en la frontera.

A LAS 10:00 A.M. CONVOCAN A UNA CONFERENCIA DE PRENSA PARA LOS MEDIOS INTERESADOS EN MAYOR INFORMACION.

PARA ENTREVISTAS, FAVOR DE COMUNICARSE CON:

CYNTHIA BEJARANO (575) 571-7359
Por correo electrónico con Abril Cotte acotte@igc.org
Margo Tamez: 509-595-9666

NEW WEBSITE: UNIDOS CONTRA EL MURO /\/\/\/\ UNITED AGAINST THE WALL

Eloisa Garcia Tamez signs banner of the people's protests that will travel to Washington D.C. with citizen delegation this week.

UNIDOS CONTRA EL MURO~UNITED AGAINST THE WALL LAUNCHES NEW WEBSITE

Friday, March 13, 2009
Delegation to DC


CASA members continue united against the border wall, and during spring break, CASEROS will embark in a trip to Capitol Hill in Washington, DC to challenge the consciences of our elected officials, and policymakers. As members of CASA, we want to make sure that our elected officials hear our position against the border wall. There is a tremendous lack of political representation in our area, CASA members feel that our elected officials are not advocating for the interest of their constituents. They have heard the voices of the people who are opposing the border wall, but they have fail to listen to the concerns of the citizens.


--Elizabeth Garcia, CASA

"BACK TO THE WALL"

by Melissa del Bosque, Texas Observer
February 6, 2009

Back to the Wall:
Can Janet Napolitano stop the border-fence boondoggle?
Melissa del Bosque | February 06, 2009 | Features

As President Barack Obama champions change in Washington, D.C., Eloisa Tamez waits to see whether an 18-foot steel and concrete wall will be built in her backyard.

The Department of Homeland Security has already taken Tamez to court in an effort to condemn a piece of property, a mile inland from the Rio Grande, that has been in her family since the 18th century. The wooden survey stakes that sprout from her land remind her that the bulldozers could arrive anytime. “Just about every week, DHS announces that they will start building,” Tamez says. “It seems to be some kind of strategy to keep everybody here uptight and nervous.”

If that’s the strategy, it has worked. Last February, the Observer wrote about Tamez’ fight to keep her land in El Calaboz, a small rural community west of Brownsville (“Holes in the Wall,” Feb. 22, 2008). Since then, the 73-year-old has sued the federal government, held several protests against DHS on her property and, in the process, become an international spokeswoman for indigenous rights. (Tamez is part Lipan Apache.) But like many others, she remains trapped in the slow grind of a Washington bureaucracy that demands she forfeit her land to make room for a border wall that could end up costing taxpayers $30 billion—and which bypasses golf courses and resorts but targets working-class families and landowners like Tamez.

A new presidential administration and a new Homeland Security chief could bring an end to Tamez’ troubles. Along with the 121 other border residents embroiled in lawsuits with DHS, Tamez is cautiously optimistic that Janet Napolitano, Obama’s new secretary of the Department of Homeland Security, will stop the construction before it’s too late.

“Once the wall is built, it means that DHS has lawlessly taken my land,” Tamez says. “It will take me until my last days to right that wrong. And after I am gone, my children will have to take up the fight.”

In 2006, with the passage of the Secure Fence Act, Congress mandated the construction of 670 miles of fence along the southern border by the end of 2008. As of Jan. 21, according to Department of Homeland Security spokeswoman Angela de Rocha, 582.2 miles had been built. Despite the Dec. 31 cutoff date in the Secure Fence Act, DHS is still building its wall. So far it appears that properties entangled in lawsuits, like Tamez’, have been mostly bypassed. But there’s no telling how long that will last.

In Tamez’ case, U.S. District Court Judge Andrew Hanen in Brownsville, has likely ensured that the bulldozers won’t be rolling in tomorrow. In March, he ruled that negotiations must take place between landowners and Homeland Security before property can be seized. The trial, set for June, will determine whether DHS has conducted “good faith negotiations” with Tamez over a fair price for her land.

Meanwhile, the agency continues putting up the fence on federally owned property such as the Lower Rio Grande Valley Wildlife Refuge, just east of McAllen, where other federal judges have allowed DHS to move ahead without negotiations. In Eagle Pass, a small border city 145 miles southwest of San Antonio, a mile of fence has already been built through the city-owned golf course. DHS plans to build another mile through the city’s downtown park, says Mayor Chad Foster.

Eagle Pass was the first city in Texas to get hit with former DHS Secretary Michael Chertoff’s prerogative to waive federal law and condemn property to speed construction of the wall. Congress granted this unprecedented power in the 2005 REAL ID Act. “We weren’t even aware of it when it came,” Foster says. “It was just another blow under Chertoff—a tactic to steamroller us.”

The mayor hopes that Napolitano, as a former elected official from a border state, will work with communities and local elected officials on both sides of the border to come up with alternatives to the fence. “Napolitano understands the border and she has a history with the border governors,” Foster says. “And in this country boy’s opinion, that’s the way we’re going to resolve this issue—by working with our neighbors.” Chertoff never showed much interest in that approach.

When she was governor of Arizona, Napolitano once said, “Build a 50-foot fence; I’ll show you a 51-foot ladder.” Despite the comment, the new Homeland Security secretary is not completely against fencing. During her Senate confirmation hearing on Jan. 15, she told senators that a fence in urban areas “might make some sense.” Napolitano was not asked to elaborate, but in past hearings, Border Patrol agents have testified that fencing in urban areas gives them time to detain crossers before they blend in with crowds of people.

Immigration reform and border control will not be the first items on the new Congress’ agenda, says U.S. Rep. Raul Grijalva, an Arizona Democrat who has been a staunch opponent of the border fence. And with an economic crisis and two wars being waged, they’re not high on the Obama administration’s agenda, either. “There’s a shift in priorities now with the economy,” Grijalva says. “Throwing $450 million at a fence pales in comparison to fixing our economy.”

The shift in focus away from border security might give Napolitano some much-needed time to evaluate and reinvent a department that has been taxpayers’ worst nightmare, and private contractors’ idea of heaven, ever since its creation after 9/11. In 2006, the agency estimated that a mile of fence would cost $1 million. By August 2008, the price tag had shot up to $7.5 million per mile.

Last year, legislators finally became frustrated by the agency’s lack of disclosure and escalating costs, and they refused to appropriate more funds to DHS to finish building the wall. Chertoff then transferred money from other programs, including port security and virtual fence technology, to continue the construction.

That’s been the mantra of the department Napolitano has inherited: Build fence, no matter the cost. “She has inherited that mentality,” says Grijalva, “and no doubt there is a rush to get the fence done.”

Napolitano has also inherited a pork-barrel mentality. From the agency’s inception, it has enthusiastically outsourced a majority of its duties. No one has benefited quite like the Boeing Corp. In 2006, Boeing won a three-year contract to build 6,000 miles of physical and virtual fences along the southern and northern borders. As of last August, Boeing had been awarded $993 million, according to the Government Accountability Office (GAO). Boeing also has the right to three one-year extensions to the contract if Homeland Security is happy with the results.

Which raises another endemic problem: oversight, or the lack thereof. Private companies who get DHS contracts do not have to report the progress or outcomes of their work to the American taxpayer. Even members of Congress have difficulty getting answers about how the billions are being spent—another legacy of the Bush administration that Napolitano will have to grapple with. “The administration has ... hidden contractor overcharges from Congress, international auditors and the public,” Democratic Rep. Henry Waxman of California said in 2007, “impeding oversight and diminishing accountability.”

Conveniently enough, private contractors are also doing more of the oversight. The fence-building project, called SBInet, is a component of the DHS’s Secure Border Initiative program. In a 2007 audit report, Richard Skinner, inspector general for Homeland Security, said that 65 of the 98 DHS staffers responsible for oversight of SBInet were private contractors. After being criticized by Congress for the lack of oversight, DHS estimated that it would need at least 470 employees to properly oversee SBInet contracts. After a round of hiring, the agency still has only about half the staff it needs: 129 government employees and 164 contractors, according to a September 2008 GAO report.

“So much is kept under wraps, you don’t know what worked and what didn’t,” says Pete Sepp, a spokesperson for the nonprofit National Taxpayers Union. “You don’t know whether the expenditures that went out of the government’s treasury were worth it or not.”

But it is clear that those expenditures amount to a virtually bottomless pit. Stunningly enough, Boeing’s SBInet contract has no spending limit, despite repeated protests from government auditors. As costs continue to climb, DHS must go to Congress to beg for more money—and until last year, when Congress finally applied the brakes, they were getting it.

“We don’t want another industrial-military complex where contractors have an inordinate amount of control over policy,” Grijalva says. Referring to the Department of Defense, long known for its largesse in doling out private contracts, Grijalva adds, “We don’t need another DOD, which is what’s starting to happen at DHS.”

It’s been happening all along. A 2006 Forbes magazine article estimated that DHS had already doled out $130 billion in private contracts since 9/11. The department is certainly not shy about wooing private contractors; it even has a Web page called “Open for Business.”

“The federal government now spends nearly 40 percent of discretionary spending on contracts with private companies, a record level,” Waxman said in 2007. “This surge in contract spending has enriched private contractors like Halliburton, but it has come at a steep cost to taxpayers through rising waste, fraud, abuse and mismanagement.”

Nobody has gotten richer off DHS contracts than Boeing. And as the lead contractor on the border, the company has in turn subcontracted out a large portion of the management, design and development of the fence to hundreds of other companies. Boeing will not release the names of those subcontractors, calling this “proprietary information.” Among the names that have leaked out is Texas-based Perot Systems, owned by former presidential candidate Ross Perot.

One classic example of the waste to which Waxman referred is Boeing’s Project 28. In this pilot project, a high-tech “virtual fence” with video surveillance towers, sensors and radar devices was to be put up along 28 miles of the Mexican border. After an original $20 million investment was run through, DHS gave Boeing $65 million to upgrade its software; the original version, one used by police dispatchers, did not meet the Border Patrol’s needs. The system had been developed, it turned out, without consulting with Border Patrol agents working in the field.

Last year, Congress deemed Project 28 a failure. Once touted as a key component of border security by the Bush administration, the virtual fence was put on hold, with the remaining money transferred to build more physical fence.

Sepp says it will be a stiff challenge for Napolitano to reform Homeland Security. “The new secretary will have to bring an outsider’s perspective and approach it as if it were a fresh initiative,” Sepp says. “It will have to be a top-down process. Congress will be the wild card, because they will have to decide how much power they are willing to cede to the executive branch to rein in costs.”

Members of Congress typically find it difficult to ignore the power of lobbyists from companies like Boeing, or requests from their home districts to invest in pet border-security projects. And when it comes to lobbying, Boeing, the second-largest aerospace and defense contractor in the world, has some of the most powerful connections in the Beltway. Its board of directors includes such Washington heavyweights as former Secretary of Commerce William Daley, who served on the Obama/Biden transition team, and Kenneth Duberstein, a former chief of staff for President Ronald Reagan. In 2008, Boeing was the top recipient of federal contracts, at $2.9 billion, according to the nonprofit OMB Watch.

During the 2008 election cycle, Boeing gave more than $2.1 million to political campaigns. The top recipient was Barack Obama, who received $167,098. Most members of the Texas congressional delegation also got some of Boeing’s bounty, led by Republican Ron Paul ($22,688) and Democrats Ciro Rodriguez ($10,250), Silvestre Reyes ($10,000), Solomon Ortiz ($7,500) and Ruben Hinojosa ($2,500). Republican Sen. John Cornyn’s re-election campaign got $9,000 from Boeing.

Reyes, Ortiz and Hinojosa all voted against the Secure Fence Act in 2006. Rodriguez was not a member of Congress at the time but told the Observer that he opposes building the fence. Obama, Cornyn and Paul all voted for the fence legislation. Cornyn did not respond to requests for comment. Paul’s media director, Jesse Benton, said that his contributions came not from Boeing but from individuals who identified themselves as Boeing employees. “Dr. Paul often says that lobbyists do not even bother to visit him on Capitol Hill because they already know they will get zero concessions,” Benton said in an e-mail. Ortiz reiterated his opposition to the border fence in an e-mail, adding that “campaign contributions have not altered or influenced my position on the border security.”

Janet Napolitano has thus far refused to talk about her plans for the border fence. She told the Arizona Star in December that she would have no comment “Until I actually get in and see what the status of the project is, the status of payment of the project is, what’s anticipated, what problems have been incurred and the like.”

Eloisa Tamez, Mayor Chad Foster and others who’ve been battling Homeland Security think Napolitano should come to Texas and take a gander. “The new secretary needs to come to Cameron County and see what the land looks like,” says Tamez. “Chertoff never set foot down here.”

In 2007, Congress tried to force DHS to reach out to border communities. Rep. Ciro Rodriguez added wording to a Homeland Security appropriations bill requiring the agency to consult with folks about plans for the fence. The agency’s response was to outsource the job—in this case, to E2M, a Colorado company. E2M asked border residents to submit their questions and complaints in writing to a stenographer. They have received no responses.

Tamez, long since tired of waiting, sued Homeland Security last February over the plan to run the fence through the center of her land. Tamez filed a motion for formal discovery in federal court in Brownsville to force the agency to explain how the value of her property is being assessed and what DHS plans to do with her land. Among other things that DHS hasn’t made clear to property owners like Tamez is whether there will be entryways to access their properties on the other side of the fence. Nor do they know whether the fence on their land will have cameras or other surveillance devices, which could be an invasion of their privacy.

Unlike most complainants, Tamez has been granted a jury trial, scheduled for June. “We’re really lucky here, because we have a judge who really values and follows the Constitution,” she says. Her lawsuit seeks fair market value for her land, claiming this right under the U.S. Constitution. (Most property owners have been awarded far less than market value by the feds.) Ultimately, she hopes her legal action will put off the fence-building long enough for the Obama administration to halt the construction.

Along with property owners, environmental and wildlife-conservation organizations have also been battling the DHS in court, but with little success. The nonprofit Defenders of Wildlife and the Sierra Club petitioned the U.S. Supreme Court last March, arguing that the Homeland Security secretary’s authority to waive laws to build the border wall violates the constitution’s separation of powers. In June, the court rejected the petitions without explanation.

The results of Homeland Security’s sweeping powers were all too vivid when Noah Kahn, a federal lands associate with Defenders of Wildlife, recently went to see some of the border fence under construction just east of McAllen. The steel and concrete fence is being built on a federally owned tract of the Lower Rio Grande National Wildlife Refuge. “Mud and fill were being dumped in the wetlands,” Kahn says. “Palm trees and native hardwoods were covered in mud. A silt fence had been installed, but it was clearly too little, too late.”

Kahn sees the damage as directly related to Homeland Security’s ability to ignore legal restrictions. “When you disregard environmental laws, it leads to real adverse impacts,” he says. “It’s not just an academic argument.”

So far, the new Homeland Security regime has provided few clues about how it will reinvent the department—or overhaul the waste-laden SBInet project. During her six years as Arizona governor, Napolitano managed to anger groups on both sides of the immigration debate. She was the first governor to call for National Guard troops to patrol the border, pleasing the right wing. She supported drivers’ licenses for undocumented immigrants, angering conservatives.

Napolitano’s early actions at Homeland Security have hardly done more to indicate a clear direction beyond assessing the damage already done. Her first directives to the staff involved gathering information and reviewing programs and strategies inherited from the Bush years. Urging the staff to create a “more effective and efficient department” is about as specific as she’s gotten so far.

But like others who battled the old department and lost, Kahn sees reasons for hope, noting that Napolitano “has made the comment that DHS is still a new agency and there is still an opportunity to shape it. I think she will make the agency more transparent and more responsive.”

All of which is well and good, Tamez says. But she won’t rest until Napolitano stops the bulldozers. “I’m just really angry,” she says. “It’s aggravating and appalling that the executive branch continues to persecute us. They have tried in every way to keep us from having justice served.”

http://www.texasobserver.org/article.php?aid=2951

INDIGENOUS POLITICS FROM NATIVE NEW ENGLAND AND BEYOND: INTERVIEW WITH MARGO TAMEZ

The interview is accessible here.

Show #5
Join host J. Kehaulani Kauanui for an interview with Margo Taméz (Lipan Apache and Jumano-Apache) co-founder of the Lipan Apache Women Defense/Strength - an Indigenous People’s Organization of the United Nations Permanent Forum on Indigenous Issues that was formed to protect sacred sites, burial grounds, archaeological resources, ecological bio-diversity, and way of life of the indigenous people of the Lower Rio Grande, North America. Margo Taméz and her mother, Eloisa G. Taméz, founded the group in response to the US Department of Homeland Security’s attempt to force their surrender of hereditary lands in El Calaboz, Texas for the US/Mexico border wall. The US department of Homeland Security had voided over 35 federal laws, including environmental laws and laws protecting American Indian cultural and burial places. However, South Texas Apache women took the lead, in December 2007 in organizing the most persistent, and to date most successful, constitutional law case against the United States Army, US Customs Border Patrol and the US Department of Homeland Security. On October 22, 2008, Taméz delivered testimony in Washington, DC before the Organization of American States (OAS) Inter American Commission on Human Rights. The Commission examines and monitors compliance by member States of the OAS, including the US, with human rights obligations established in international law. Taméz will explain to us how this crisis came about and how she is working to protect the lands of her people from being divided in a way that result in relocation-a forced Indian removal that would constitute a 21st century genocide. Original air-date: 10-28-08.

NATIONAL TELEPHONIC PRESS CONFERENCE--LIPAN APACHE WOMEN DEFENSE DELIVER LETTER TO OBAMA-TRANSITION TEAM

PRESS CONFERENCE PANEL:

Dr. Eloisa Garcia Tamez
Margo Tamez
Diana Valenzuela (Jumano-Apache)
Daniel Castro Romero, Jr. (Lipan Apache)
Jose Matus (Yaqui)
Michael Paul Hill (Chiricahua Apache)
Chris Scherer, Center for Human Rights and Constitutional Law
Denise Gilman, University of Texas Law Working Group--Texas-Mexico Border Wall
Jeff Wilson,University of Texas Law Working Group--Texas-Mexico Border Wall
Arnoldo Garcia, National Network for Immigrant and Refugee Rights

YES, YOU CAN JOIN EFFORTS TO PRIORITIZE INDIGENOUS PEOPLES & PRINCIPLES! SIGN-ON OUR LETTER TO PRES.-ELECT OBAMA

EMAIL MARGO TAMEZ AT sumalhepa.nde.defense@gmail.com to join!

SIGNATORIES on LETTER TO PRESIDENT-ELECT OBAMA
INTERIOR DEPARTMENT TRANSITION TEAM
ROBERT ANDERSON--CO-CHAIR

Dr. Eloisa García Támez, Lipan Apache, Associate Professor, Department of Nursing, University of Texas Brownsville and Texas Southmost College; Co-Founder Lipan Apache Women Defense, El Calaboz Ranchería, TX
Margo Tamez, Lipan Apache, Jumano-Apache, Co-Founder Lipan Apache Women Defense, WA; PhD Candidate, American Studies, Washington State University, Pullman, WA
Carmelita (Tamez) Lamb and Family, Lipan Apache, Jumano-Apache, Bottineau, North Dakota
M. ReBeca (Tamez) Drury and Family, Lipan Apache, Jumano-Apache, San Antonio, TX
Daniel Castro Romero, Jr., Lipan Apache, Chairman, Lipan Apache Band of Texas, Inc., TX. Official Representative of 745 Members
Michael Paul Hill, Nnee’ (Chiricahua Apache), San Carlos Apache Tribe, Staff, Lipan Apache Women Defense, AZ
Enrique Madrid, Jumano-Apache, Council Member, Jumano-
Apache Tribe of Texas, ( El Polvo) Redford, TX
Adelina Carrasco Whitecrow, Jumano-Apache, Community Leader & Elder, (El Polvo) Redford, TX
Roberto Lujan, Jumano-Apache, Council Member, Jumano-Apache Tribe of Texas, Presidio-Redford, TX
John Wood, Cameron County Commission, Commissioner—Precinct 2, Brownsville, TX
Andrea Carmen, Yaqui, Executive Director, International Indian Treaty Council, AK
Tia Oros, Zuni, Executive Director, Seventh Generation Fund, Arcata, CA
Petuuche Gilbert, Indigenous World Association, United Nations NGO
Teresa Leal, Ópata-Mayo, Proyecto Comadres Ambos Nogales, Sonora, Mexico
Peter Schey, Founder and Director, Center for Human Rights and Constitutional Law, Los Angeles,CA
Jose Matus, Yaqui, Director, Alianza Indigena Sin Fronteras/Indigenous Alliance Without Borders, AZ
Lori Riddle, Akimel O’odham, Co-Founder, Gila River Alliance for a Clean Environment, Bapchule, Gila River Indian Community, AZ
E. Elizabeth Garcia, Director, Coalition of Amigos in Solidarity & Action (CASA), TX
Reverend Michael Seifert, Proyecto Digna, Inc., Brownsville, TX
Juanita Valdez-Cox, Executive Director, La Union del Pueblo Entero (LUPE), TX
Graciela Sanchez, Director, Esperanza Peace and Justice Center, San Antonio, TX
Gloria A. Ramirez, Editor, La Voz de Esperanza, San Antonio, TX
Bill Guerra Addington, Sierra Blanca Legal Defense, Sierra Blanca, TX
James C. Harrington, Director, Texas Civil Rights Project, TX
Ann W. Cass, Executive Director, Proyecto Azteca, San Juan, TX
Benigno Pena, South Texas Immigration Council Inc., Brownsville, Texas
Alejandro Siller-González, MACC, San Juan Diego Project, Immigrants and Migrant Farmworkers /Inmigrantes y Campesinos Migrantes, San Antonio, TX
Kriss Worthington,Council Member, Berkeley City Council, Berkeley, CA
Arnoldo Garcia, National Network for Immigrant & Refugee Rights, CA
Pedro Rios, Director – US/Mexico Border Program, American Friends Service Committee, San Diego CA
Bradley Angel, Co-Founder and Executive Director Greenaction for Health and Environmental Justice, San Francisco, CA
Mark Sanchez, President, San Francisco Board of Education, San Francisco, CA
April Cotte, Co-Founder, El Polvo Women’s Network, Redford, TX
Kamala Platt, The Meadowlark Center, KS
Noemi Lujan Perez, Raramuri, Chief Information Architect, Desert Runner, LLC, Washington, D.C.
Kirk L. Smith, MD, PhD, Frontera de Salud, Galveston, TX
Bill Chandler, MIRA! Mississippi Immigrants Rights Alliance
Paul "Pablo" A. Martinez, Apache, NM State Director, New Mexico LULAC Organization, Las Cruces, NM
Fabiola Torralba, Buena Gente y Nepantlera, Espereranza Peace and Justice Center, San Antonio, TX
Lupita De La Paz, El Comité Cultural Del Pueblo,Inc. Del Rio, Texas
Morning Star Gali, Citizen of the Pit River Nation, Community Liaison Coordinator, International Indian Treaty Council
TONATIERRA, Phoenix, AZ
Mary Ann Tenuto Sanchez, Chiapas Support Committee
United Native Americans, Inc., Turtle Island
Adrienne Evans, Co-Founder, No Wall - Big Bend Coalition


Angelique Eagle Woman (Wambdi A. WasteWin), Sisseton-Wahpeton Dakota Oyate, James E. Rogers Fellow in American Indian Law, Associate Professor, University of Idaho College of Law, ID
Pablo Padilla Jr., Zuni, Attorney, Santa Fe, New Mexico
Jeff Wilson, Assistant Professor, Environmental Science, University of Texas-Brownsville, University of Texas Law Working Group (Texas-Mexico Border Wall), Brownsville, TX
Aurora Vasquez, Senior Attorney, Advancement Project, Washington, D.C.
Tom I. Romero, II J.D., Ph.D. Associate Professor, Hamline University School of Law
Diana Webster, Minnesota Ojibwe White Earth, Attorney at Law, Redondo Beach, CA
Monica Schurtman, Associate Professor and Clinic Supervisor, University of Idaho College of Law, Idaho
Jeffrey P. Shepherd, Ph.D. Assistant Professor of History, University of Texas at El Paso, TX
Cynthia L. Bejarano, Ph.D. Associate Professor of Criminal Justice, New Mexico State University, NM
Amy Kastely, Board Member, Esperanza Peace and Justice Center and Law Professor, St. Mary's University, San Antonio, TX
J. Kehaulani Kauanui, Kanaka Maoli/Native Hawaiian, Associate Professor American Studies and Anthropology, Wesleyan University, CT
Victoria Bomberry, Muscogee Nation, Assistant Professor, Department of Ethnic Studies, University of California, Riverside, CA
Dr. Gail Perez, Ethnic Studies, Professor University of San Diego, San Diego, CA
Emmy Perez, Assistant Professor, Department of English, University of Texas-Pan American, TX
Linda Zuniga-Heidenreich, Chair and Associate Professor, Women’s Studies Department, Washington State University, Pullman, WA
Martha Bárcenas, Pitzer College (Professor/Language and Culture Lab Director), Claremont, CA
Madeline Newman Rios, Ríos Translations, Claremont CA
Dorinda Moreno, Fuerza Mundial/Elders of 4 Colors 4 Directions, Santa Maria, CA
Jeanne Chadwick, Cherokee, Publisher/Editor My Two Beads Worth~Indigenous News
Ken Koym, Indigenous R & D Institute & A Maya Artifacts Museum Exchange Program, Austin, TX
Enrique Morones, Border Angels, San Diego CA
T.V. Reed, Buchanan Distinguished Professor American Studies and English, Washington State University, Pullman, WA
Joni Adamson, Associate Professor, Environmental Humanities, Arizona State University,Mesa, AZ
Vicente M. Diaz, Associate Professor and Director, Asian/Pacific Islander American Studies, Program in American Culture, The University of Michigan, Ann Arbor, Michigan



Erik Tamez-Hrabovsky & Children: Hawk Mendoza (14), Milpa de Otoño Mendoza (13), Maura Sun Tamez (9), Aria Mikassandra Reina Mundo Yellow-Basket-Weaver Tamez-Hrabovsky (5), Lipan Apache, Jumano-Apache ,Pullman, WA
Rosie Molano Blount, Chiricahua Apache, Del Rio, Texas and Pecos, Texas
Lucille Contreras and Children, Beto Chacon, JoseKuautli Contreras Maestas, LuzTlanezi Contreras Maestas, Jesus Tekuani Contreras Maestas, Lipan Apache Band of Texas—Azteca, Flatonia, TX
Emil LaRocque, Turtle Mountain Band of Chippewa Indians, Tribal Scholarship Director, Turtle Mountain Community College/Chippewa Rancher, North Dakota
Yvonne 'Little Fawn' Oakes, Mohawk Nation
Richard Oakes Jr., Mohawk Nation
Leonard Oakes, Mohawk Nation Akwasasne, St. Regis, Canada
Pura Fe Crescioni, Tuscarora Nation of North Carolina
Looking Back Woman, Suzanne Dupree, Minneconjou Lakota, Cheyenne River Agency, Eagle Butte, SD
Bettina Escauriza, Oakland, CA
Abner Burnett, Attorney (Civil Rights), Rio Grande Valley, TX
Isabel Sanchez, San Antonio, TX
Lupita Santana, Pharr, TX
Phillip H. Duran, New Mexico
Jacqueline White, RN, PhD, Tucson, AZ
Erika Gisela Abad, Chicago, Illinois
Ryan Tauber, Educator, Brownsville Independent School District, and Member of Coalition of Amigos in Solidarity & Action (CASA), Brownsville, TX
Yajaira Fuentes-Tauber, Brownsville Independent School District, and Member of Coalition of Amigos in Solidarity & Action (CASA), Brownsville, TX
Judy Meuth, Clinical Associate Professor, Department of Women's Studies, Washington State University, Pullman, WA
Cesar Alejandro (Filmmaker), President, Alexandria Films, El Paso, TX
Iram and Molly Verduzco, Austin, TX
Joe and Jane Krause, Pax Christi, Brownsville, TX
Sandra Cisneros, Author, San Antonio, TX
Yolanda Moreno, A Resource In Serving Equality (ARISE), Rio Grande Valley, TX
Sanjuanita Martinez, Rio Grande Valley, TX
Esperanza Berrones, Pharr, TX
Maria Esparza, Rio Grande Valley, TX
Hortencia Medina, Rio Grande Valley, TX
Gary James, Ontario, Canada
Teresa Kurtzhall, Elk, Washington State
Braulio Carvajal Veloz, Esperanza Peace & Justice Center, San Antonio, TX
Lila Maes, The Marigold Project, San Francisco, CA
Juan N. Reza, California
Xoxi Nayapiltzin, Yolihua, Alpine, Tx
Francisco Solis Garcia, Jr., Lower Rio Grande Valley, TX

Letter to Robert Anderson, Interior Department Transition Team Co-Chair, from Lipan Apache Women Defense

Professor Robert Anderson
Co-Chair, Interior Department Transition Team
Director University of Washington School of Law
Native American Law Center

Cc: Keith Harper
Team Lead, Interior Department Transition Team
Kilpatrick Stockton LLP
Suite 900
607 14th Street, NW
Washington, DC 20005-2018

Dagotee' Robert Anderson,

At this time, on behalf of my mother, Dr. Eloisa Garcia Tamez, Indigenous peoples, and impacted land owners of El Calaboz Rancheria, and in coordination with our allied communities throughout the hemisphere, we are handing to you an important document which articulates the prayers, vision and requests from traditional elders, women, families, veterans, and workers of the Texas-Mexico bordered lands.

Since I last spoke to you, an enormous effort has gone into the preparation of this document, encompassing the voices of a vast binational, international network of grass-roots communities, legal advisors, NGO's, non-profit organizations, and key Indigenous leaders along the U.S.-Mexico bordered lands

We are entrusting you with this historical document in the hopes that you will safekeep and deliver our message to the Interior Department Transition Team and to President-Elect Obama.

Attached is our letter addressed to to the President-Elect, care of yourself, and copied to Keith Harper.

Ahe'ye'e,

Margo Tamez
Co-Founder
Lipan Apache Women Defense

LETTER TO OBAMA TRANSITION TEAM (ENGLISH)

LETTER TO OBAMA TRANSITION TEAM (SPANISH)

ALL MEDIA ADVISORY (20DEC08)

LIPAN APACHE BAND OF TEXAS--SUPPORT LETTER

Get Ready, Get Set... Nde' Cultural Survival in the Lower Rio Grande

El Calaboz, Lower Rio Grande Valley, TX
December 18, 2009A year ago… the hostile enforcement policies of the US DHS/Secure Border Initiative against ancient border communities came to the foreground in landmark struggles on the Texas-Mexico border. The construction of the border wall through the middle of ancient, Rio Grande communities, forced Eloisa Garcia Tamez, (Lipan Apache), and community elders of El Calaboz Rancheria, as well as numerous poor Native land owners along the Rio Grande to stop the U.S. DHS from taking the community’s lands, ancient burials, archaeological resources, botanical and medicinal riparian zones, and their pastoral ways of life dependent upon cattle, grazing rights, water rights and Indigenous Peoples’ communal lifeways. The conflict raised constitutional, civil, and human rights in the face of intensified government force to pressure the community in numeros ways to surrender their lands.

Along the way… a robust independent media, and grass-roots network exposed deep corruption among local elites, scandal, and repressive government regimes managing the dispossession of the region’s poor Indigenous Peoples and persons along the Rio Grande's banks.

One year later…approximately eighty landowners continue to litigate their ancestral and communal land claims along the Texas-Mexico border. Success is measured in Chertoff's failures to wall in the resisting communities. Their firm resistances--based in living their daily lives and developing new strategies borrowed from older generations, from coalitions with like-minded grass roots Indigneous persons and groups; and working with allied media, law, grassroots, NGO's, nonprofits, faith-based communities, immigrant rights communities has enlarged the capacity of the prayer. Resistance and ceremony take on new meanings as the struggle continues.

Faith v. Greed...The new layer of corruption, beyond 'holes in the wall', is 'rigged jury system' and 'corrupt appraiser racket', whereby the U.S. and local industry leaders have attempted to shut out any possibility of a fair jury trial for litigants. 'Not on my shift', is fundamentally the message issued from Judge Hanen, in a ruling yesterday. Empaneled jurors will prevail, at least, as long as the resistance to oppressive government and industries continues.

Some of the land claims, such as Eloisa Garcia Tamez’, pre-date the United States as a sovereign nation, and are directly connected to Lipan Apache (Nde') peoples' struggles against forced colonization and dispossession by Spain, Texas, Mexico and the U.S. The Indigenous Peoples rights to exist as self-determining communities is gaining traction, in a region with a history of slavery, Jim Crow, hacendado culture, and harsh repression. In the face of increasing public criticism of the border wall, and claims of human rights violations before the Inter-American Commission/OAS, Indigenous Peoples are reframing and redefining the border wall conflict. We are organizing our networks around a framework of ‘Indigenous Peoples & Principles.’
(Part I)
Stay tuned...

Today, December 12, 2008 Is Our One Year Anniversary

On December 11, 2007, my mother Eloisa Garcia Tamez, called me to tell me that she had received a vision, an answer to her prayers for help from the Holy Mother to stop the construction of the border wall and the United States use of colonial instruments to steal Indigenous lands and to quash Indigenous resistance: Eminent Domain, Condemnation Proceedings, Declaration of Taking and Just War... She received instructions to go to the people, be unafraid, tell the truth, defend the people, and have faith. My mother followed the instructions...

[photo: Arnoldo Garcia]

Traditionally, the women of our culture pray to the Holy Mother. The Spanish Catholics converted the Apache of the Lower Rio Grande in the colonization process, and the Holy Mother of All Nde' (Apache People) who is Naiiess Isdzanaklesh, eventually became collapsed into the Guadalupe, the Virgin who gave birth to the Child of Water--Monster Slayer, or in the Catholic tradition, 'Jesus.'

In the U.S.-Mexico border region, Indigenous elders, grandmothers, mothers, daughters, and the men who support them, continue to live out the ancient rituals and Nde' beliefs 'under-the-cover' of state-approved religions. In the Lower Rio Grande, the religious practice of Catholicism is Indigenized.

A year ago, my mother called me to joyously announce that the Holy Mother came to her and told her that my mother must go to the local parish priest on December 12, at San Ignatius church, in the sister Rancheria of El Ranchito, down the road. The Holy Mother told my mother that she must pray, be strong, and that she must tell the people that they must unite and join in the fight against the injustice of the border wall. She commanded my mother to tell the parish elders and community that they must all join and go to the march in Brownsville, and to take the message of the people to the government, who were staging deception in corporate-contracted and controlled 'meetings.'

This all came to pass, and is documented now throughout our communities, and the internet, how an elder woman from El Calaboz confronted the U.S. DHS at the "community meeting", and exposed the scandalous corruption of the U.S., and its 'Chiefs'--war contractors.

In the process, an Indigenous restoration movement gained strength in our communities. For decades, Nde' in the Lower Rio Grande struggled for rights to our culture and way of life. This year, we witnessed the miracle of our ancient traditions emerge from the shadows and under-cover, to the open light. The Holy Woman/Mother Naiiees Isdzanaklesh (White Painted Woman) ceremony returned to our people in the open, and the ancient and the current converged in our resistance movement.

Please join us in taking a moment today to pause, reflect and to pray for the elders who are going to churches, sweat lodges, teepees, and to earth and water today, throughout the Americas. We stand firm on the rights of our Indigenous people to send the prayers and thoughts of peace and justice on the wings of Eagles, up to the Creator.

Join us in our celebration of a strong year helping in the efforts of many who are uniting our Indigneous people communities throughout the border, December 12, 2008, and celebrate the ongoing resistance and disruption of the Texas-Mexico border wall, from El Calaboz Rancheria!

Join and support Indigenous Women's Tribal Law, Lands and Life. We need all of your support.

PLEASE MAKE a financial contribution to the LIPAN APACHE WOMEN DEFENSE FOR 2009! USE THE PAY-PAL BUTTON. AHE'YE'E'
--Margo Tamez

TEXAS-MEXICO BORDER WALL HEARING: INTER-AMERICAN COMMISSION--ORGANIZATION OF AMERICAN STATES

TEXAS-MEXICO BORDER WALL HEARING AT THE INTER-AMERICAN COMMISSION--ORGANIZATION OF AMERICAN STATES. UNIVERSITY OF TEXAS WORKING GROUP AND RAPOPORT CENTER FOR HUMAN RIGHTS AND JUSTICE (SEE BRIEFING PAPERS).

Gun Culture--South Texas: Columbus' Legacy of Violence & Indigenous People--October 12, 2008

On the Cavazos-Garcia land in El Calaboz Rancheria, the ground is frequently rifled with bullets and shotgun shells. One need not walk but a few feet from the levee to see the shells and casings in plain site. There are more of these along my mother's land and her portion of the levee than on the lands on either side of her's. She has been the most vocal and publically outspoken against oppression, racism, and violence. The border wall is but one of the numerous 'events' which the people of El Calaboz have endured.

Since the arrival of the Europeans, our families have lived for centuries propelled into conflicts and tension with settler societies. Settler immigrant groups from other continents arrived in several waves since the late 1400's. They have contributed many harsh memories to the indigenous people's oral history of life, and death, along the Lower Rio Grande.

In addition to deprivations and depredations the indigenous suffered under Jose Escandon and Spanish-Basque settler hacendado regimes, Cameron County would continue to be an epi-center for pogroms, ethnic cleansing and genocide. Between 1910-1915 nearly 5,000 indigenous people were lynched, burned alive, dismembered, decapitated, and sexually assaulted by the "South Texas Machine." Many of our ancestors--men, women and children--lost their lives at the hands of para-military forces mechanized and supported by the regions' elites--the white-ethnic ranching families, whose colonizing ancestors had dispossessed earlier generations of Apaches and other indigneous peoples. History repeated itself with a new immigrant-white group of Southern Creed cotton industrial capitalists. In South Texas, the system's prey are our ancestors, and our living and breathing and very much alive families-- the indigneous people of this region.


The unexamined 'customary' privilege of the mainstream culture of South Texas, which glorifies the use of armed violence also sustains the myth of "Texas" masculinity as a celebrated icon of white settler identity. This social construct empowers a system of structural violence, privileging an elite few, and has bloody consequences for Native American people of the Lower Rio Grande. Like our foremothers and forefathers who were victims of white xenophobia and the ranching class systems--we have not 'vanished', nor have we been 'conquered.' However, those of us who have stayed on our lands--under Texas private property laws--have done so with increasing threats to our lives and livelihoods. The border wall is yet one more pogrom, ethnic cleansing and genocidal policy against Native American people on both sides of its proposed perimeter.

Removing the cobwebs and rust off of the so-call buried histories of the genocidal past gives us opportunities to see reflections and understandings of the current situations we face under the threat of tyrannical government. Uncovering the bloody histories upon which the wealthy agriculture and ranching elites in South Texas is founded allows a critical space for Native American survivor communities to speak, be heard and claim political and social spaces.

Tragically, indigenous communities along the Lower Rio Grande have become enmeshed in numerous forms of colonial violence used as tools to keep subordinated groups under the control of colonial systems and in perpetual dependency. De-Colonial history recover is necessary in order to publically confront the ghosts and demons of our collective histories, and to recover public spaces for commitments to truth and healing.

These bullet casings pepper the ground and levee, in El Calaboz all the way up to Redford, Texas, where I filled yet another ziplock bag full.

I fill gallon-size, zip-lock bags of shot-gun shells and bullets all along my grandfathers', great grandmothers', great aunts', and great great grandfathers, and great great great grandfathers...... and on and on and on and on... our home, our lands.

This is the archaeology of contemporary Lipan Apache women, the archaeology that documents and archives the negative impacts and consequences of the gun culture. The current generations confronting these issues sometimes must take on the past terror and its evidences in order to re-fuel and re-mobilize productive work of dismantling structural oppression --for all people in South Texas, where we live, and where we will live on and on.

October 12, 2008
Margo Tamez