North American Indigenous Peoples' Caucus, March 19-20, 2011

A delegation comprised of Lipan Apaches of El Calaboz Rancheria, the Lipan Apache Band of Texas, and San Carlos Apache Tribe formed a working group to attend, learn, share, inform, and make interventions on the issues affecting Nde' and Nnee' ('Apache') peoples' self-determination and sovereignty. Some of these are borders, gender violence, taxation, the right to mobility across traditional territories, livelihoods, Traditional Knowledge, dispossession, expropriation, environmental destruction, militarization, uranium mining and production, oil drilling and extraction, Free Prior Informed Consent, Human Rights violations, self-determination and sovereignty, as well as Indigenous Proprietary Title ('Aboriginal Title').

THE REAL COST OF ANTI-NDE' BIAS AND PREJUDICE AGAINST NON-RECOGNIZED TRIBES

The All Segments Waiver, authored by former U.S. Homeland Security Director, Secretary Michael Chertoff, at http://www.dhs.gov/xnews/releases/pr_1207080713748.shtm.

Billing Code -4410-10
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
Determination Pursuant to Section 102 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996,
as Amended AGENCY: Office ofthe Secretary, Department of Homeland Security ACTION: Notice of determination.
SUMMARY: The Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations and other legal requirements in order to ensure the expeditious construction of barriers and roads in the vicinity of the
international land border of the United States.
DATES: This Notice is effective on [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER]. DETERMINATION AND WAIVER: I have a mandate to achieve and maintain operational control of the borders of the United States. Public Law 109-367, § 2, 120 Stat. 2638, 8 U.S.C. § 1701 note. Congress has provided me with a number of authorities necessary to accomplish this mandate. One of these authorities is found at section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRlRA"). Public Law 104-208, Div. C, 110 Stat.3009-546,3009-554(Sept.30, 1996)(8U.S.C 1103note),asamendedbythe REALIDActof2005, PublicLaw109-13,Div.B,119Stat.231,302,306(May11, 2005) (8 U.S.C. 1103 note), as amended by the Secure Fence Act of2006, Public Law
109-367, § 3, 120 Stat. 2638 (Oct. 26, 2006) (8 U.S.C. § 1103 note), as amended by the
Department of Homeland Security Appropriations Act, 2008, Public Law 110-161, Div. E, Title V, § 564, 121 Stat. 2090 (Dec. 26, 2007). In Section 102(a) ofIIRIRA, Congress provided that the Secretary of Homeland Security shall take such actions as may be necessary to install additional physical barriers and roads (including the removal of obstacles to detection of illegal entrants) in the vicinity of the United States border to deter illegal crossings in areas of high illegal entry into the United States. In Section
102(b) of IIRIRA, Congress has called for the installation of fencing, barriers, roads, lighting, cameras, and sensors on not less than 700 miles of the southwest border, including priority miles of fencing that must be completed by December 2008. Finally, in section 102(c) of the IIRIRA, Congress granted to me the authority to waive all legal requirements that I, in my sole discretion, determine necessary to ensure the expeditious
construction of barriers and roads authorized by section 102 of IIRIRA.
I determine that the areas in the vicinity of the United States border described on the attached document, which is incorporated and made a part hereof, are areas of high illegal entry (collectively "Project Areas"). These Project Areas are located in the States of California, Arizona, New Mexico, and Texas. In order to deter illegal crossings in the
Project Areas, there is presently a need to construct fixed and mobile barriers (such as
fencing, vehicle barriers, towers, sensors, cameras, and other surveillance,
communication, and detection equipment) and roads in the vicinity of the border of the
United States. In order to ensure the expeditious construction of the barriers and roads
that Congress prescribed in the IIRIRA in the Project Areas, which are areas of high
illegal entry into the United States, I have determined that it is necessary that I exercise
the authority that is vested in me by section 102(c) of the IIRIRA as amended.
Accordingly, I hereby waive in their entirety, with respect to the construction of roads
and fixed and mobile barriers (including, but not limited to, accessing the project area, creating and using staging areas, the conduct of earthwork, excavation, fill, and site preparation, and installation and upkeep of fences, roads, supporting elements, drainage, erosion controls, safety features, surveillance, communication, and detection equipment of all types, radar and radio towers, and lighting) in the Project Areas, all federal, state, or other laws, regulations and legal requirements of, deriving from, or related to the subject of, the following laws, as amended: The National Environmental Policy Act (Pub. L. 91190,83
Stat. 852 (Jan. 1, 1970) (42 D.S.C. 4321 et seq.)), the Endangered Species Act
(Pub. L. 93-205, 87 Stat. 884 (Dec. 28,1973) (16 U.S.C. 1531 et seq.)), the Federal
Water Pollution Control Act (commonly referred to as the Clean Water Act) (33 D.S.C. 1251 et seq.)), the National Historic Preservation Act (Pub. L. 89-665, 80 Stat. 915 (Oct. 15, 1966) (16 D.S.C. 470 et seq.)), the Migratory Bird Treaty Act (16 D.S.C. 703 et seq.), the Clean Air Act (42 D.S.C. 7401 et seq.), the Archeological Resources Protection Act (Pub. L. 96-95, 16 D.S.C. 470aa et seq.), the Safe Drinking Water Act (42 D.S.C. 300f et seq.), the Noise Control Act (42 D.S.C. 4901 et seq.), the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (42 D.S.C. 6901 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act (42 D.S.C. 9601 et seq.), the Archaeological and Historic Preservation Act (Pub. L. 86-523, 16
D.S.C. 469 et seq.), the Antiquities Act (16 D.S.C. 431 et seq.), the Historic Sites, Buildings, and Antiquities Act (16 D.S.C. 461 et seq), the Wild and Scenic Rivers Act (Pub. L. 90-542, 16 D.S.C. 1281 et seq.), the Farmland Protection Policy Act (7 D.S.C. 4201etseq.),theCoastalZoneManagementAct(Pub.L.92-583, 16D.S.C. §1451et
seq.),theWildernessAct (Pub.L.88-577,16U.S.C. 1131etseq.),theFederalLand Policy and Management Act (Pub L. 94-579,43 D.S.C. 1701 et seq.), the National Wildlife Refuge System Administration Act (Pub. L. 89-669, 16 D.S.C. 668dd-668ee), the Fish and Wildlife Act of 1956 (Pub. L. 84-1024, 16 U.S.C. 742a, et seq.), the Fish and Wildlife Coordination Act (Pub. L. 73-121, 16D.S.C. 661 et seq.), the Administrative Procedure Act (5 D.S.C. 551 et seq.), the Otay Mountain Wilderness Act of 1999 (Pub. L.
106-145), Sections 102(29) and 103 of Title I of the California Desert Protection Act (Pub. L. 103-433),50 Stat. 1827, the National Park Service Organic Act (Pub. L. 64-235,
16 D.S.C. 1,2-4), the National Park Service General Authorities Act (Pub. L. 91-383, 16
D.S.C. la-l et seq.), Sections 401(7), 403, and 404 of the National Parks and Recreation Actof 1978(Pub.L.95-625),Sections301(a)-(f)oftheArizonaDesertWildernessAct (Pub. L. 101-628), the Rivers and Harbors Act of 1899 (33 D.S.C. 403), the Eagle Protection Act (16 D.S.C. 668 et seq.), the Native American Graves Protection and Repatriation Act (25 D.S.C. 3001 et seq.), the American Indian Religious Freedom Act (42 D.S.C. 1996), the Religious Freedom Restoration Act (42 D.S.C. 2000bb), the National Forest Management Act of 1976 (16 D.S.C. 1600 et seq.), and the Multiple Dse and Sustained Yield Act of 1960 (16 D.S.C. 528-531).
This waiver does not supersede, supplement, or in any way modify the previous waivers published in the Federal Register on September 22,2005 (70 FR 55622), January 19,
2007 (72 FR 2535), and October 26, 2007 (72 FR 60870).
I reserve the authority to make further waivers from time to time as I may determine to be necessary to accomplish the provisions of section 102 of the IIRIRA, as amended.

Dated:
Michael Chertoff, Secretary
~,

The Hidalgo Fence Waiver, authored by former U.S. Homeland Security Director, Secretary Michael Cheroff, at http://www.dhs.gov/xnews/releases/pr_1207080713748.shtm.

Billing Code -4410-10
DEPARTMENT OF HOMELAND SECURITY
Office of the Secretary
Determination Pursuant to Section 102 of the
Illegal Immigration Reform and Immigrant Responsibility Act of 1996,
as Amended AGENCY: Office of the Secretary, Department of Homeland Security ACTION: Notice of determination.
SUMMARY: The Secretary of Homeland Security has determined, pursuant to law, that it is necessary to waive certain laws, regulations and other legal requirements in order to ensure the expeditious construction of barriers and roads in the vicinity of the
intemationalland border of the United States.
DATES: This Notice is effective on [INSERT DATE OF PUBLICATION IN THE FEDERAL REGISTER]. DETERMINATION AND WAIVER: The Department of Homeland Security has a mandate to achieve and maintain operational control of the borders of the United States. Public Law 109-367, § 2, 120 Stat. 2638,8 U.S.C. § 1701 note. Congress has provided the Secretary of Homeland Security with a number of authorities necessary to accomplish this mandate. One of these authorities is found at section 102(c) of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 ("IIRIRA"). Public Law 104-208, Div. C, 110 Stat.3009-546,3009-554(Sept.30, 1996)(8U.S.C 1103note),asamendedbythe REALIDActof2005, PublicLaw109-13,Div.B,119Stat.231,302,306(May11, 2005) (8 U.S.C. 1103 note), as amended by the Secure Fence Act of 2006, Public Law
-----_U-
U-n -n ---n -n------. -n-----un 109-
367, § 3, 120 Stat. 2638 (Oct. 26, 2006) (8 U.S.C. § 1103 note), as amended by the Department of Homeland Security Appropriations Act, 2008, Public Law 110-161, Div. E, Title V, § 564, 121 Stat. 2090 (Dec. 26,2007). In Section 102(a) of the IIRIRA, Congress provided that the Secretary of Homeland Security shall take such actions as may be necessary to install additional physical barriers and roads (including the removal of obstacles to detection of illegal entrants) in the vicinity of the United States border to deter illegal crossings in areas of high illegal entry into the United States. In Section
102(b) of the IIRIRA, Congress has called for the installation of fencing, barriers, roads, lighting, cameras, and sensors on not less than 700 miles of the southwest border, including priority miles of fencing that must be completed by December of 2008. Finally, in section 102(c) of the IIRIRA, Congress granted to me the authority to waive all legal requirements that I, in my sole discretion, determine necessary to ensure the expeditious construction of barriers and roads authorized by section 102 of the IIRIRA.
I determine that the area in the vicinity ofthe United States border as described in the attached document, hereinafter the Project Area, which is incorporated and made a part hereof, is an area of high illegal entry. In order to deter illegal crossings in the Project Area, there is presently a need to construct fixed and mobile barriers and roads in conjunction with improvements to an existing levee system in the vicinity of the border of the United States as a joint effort with Hidalgo County, Texas. In order to ensure the expeditious construction of the barriers and roads that Congress prescribed in the IIRIRA in the Project Area, which is an area of high illegal entry into the United States, I have determined that it is necessary that I exercise the authority that is vested in me by section 102(c) of the IIRIRA as amended. Accordingly, I hereby waive in their entirety, with
-n---------------n
-_n__---~-m__respect
to the construction of roads and fixed and mobile barriers (including, but not limited to, accessing the project area, creating and using staging areas, the conduct of earthwork, excavation, fill, and site preparation, and installation and upkeep of fences, roads, supporting elements, drainage, erosion controls, safety features, surveillance, communication, and detection equipment of all types, radar and radio towers, and lighting) in the Project Area, all federal, state, or other laws, regulations and legal requirements of, deriving from, or related to the subject of, the following laws, as amended: The National Environmental Policy Act (Pub. L. 91-190, 83 Stat. 852 (Jan. 1,
1970) (42 V.S.C. 4321 et seq.)), the Endangered Species Act (Pub. L. 93-205, 87 Stat. 884) (Dec. 28, 1973) (16 V.S.C. 1531 et seq.)), the Federal Water Pollution Control Act (commonly referred to as the Clean Water Act) (33 V.S.C. 1251 et seq.), the National Historic Preservation Act (Pub. L. 89-665, 80 Stat. 915 (Oct. 15, 1966) (16 V.S.C. 470 et seq.)), the Migratory Bird Treaty Act (16 V.S.C. 703 et seq.), the Clean Air Act (42
V.S.C.
7401 et seq.), the Archeological Resources Protection Act (Pub. L. 96-95, 16
V.S.C.
470aa et seq.), the Safe Drinking Water Act (42 V.S.C. 300f et seq.), the Noise Control Act (42 V.S.C. 4901 et seq.), the Solid Waste Disposal Act, as amended by the Resource Conservation and Recovery Act (42 V.S.C. 6901 et seq.), the Comprehensive Environmental Response, Compensation, and Liability Act (42 V.S.C. 9601 et seq.), the Archaeological and Historic Preservation Act (Pub. L. 86-523, 16 V.S.C. 469 et seq.), the Antiquities Act (16 V.S.C. 431 et seq.), the Historic Sites, Buildings, and Antiquities Act (16 V.S.C. 461 et seq.), the Farmland Protection Policy Act (7 V.S.C. 4201 et seq.), the Coastal Zone Management Act (Pub. L. 92-583, 16V.S.C. § 1451 et seq.), the Federal Land Policy and Management Act (Pub L. 94-579,43 V.S.C. 1701 et seq.), the National
-~----n_u-
Wildlife Refuge System Administration Act (Pub. L. 89-669, 16 V.S.c. 668dd-668ee), the Fish and Wildlife Act of 1956 (Pub. L. 84-1024, 16 V.S.C. 742a, et seq.), the Fish and Wildlife Coordination Act (Pub. L. 73-121, 16 V.S.C. 661 et seq.), the Administrative Procedure Act (5 V.S.C. 551 et seq.), the Rivers and Harbors Act of 1899 (33 V.S.C. 403), the Eagle Protection Act (16 V.S.C. 668 et seq.), the Native American Graves Protection and Repatriation Act (25 V.S.C. 3001 et seq.), the American Indian Religious Freedom Act (42 V.S.C. 1996), the Religious Freedom Restoration Act (42 V.S.C. 2000bb), and the Federal Grant and Cooperative Agreement Act of 1977 (31 V.S.C. 6303-05).
I reserve the authority to make further waivers from time to time as I may determine to be necessary to accomplish the provisions of section 102 of the IIRIRA, as amended.
Dated:
Michael Chertoff, Secretary
\

"Why I Speak Out" Testimonies from Lipan Apache Elder, Eloisa Garcia Tamez

By Melissa del Bosque, "All Walled Up", Texas Observer, January 20, 2010, at http://www.texasobserver.org/cover-story/all-walled-up/.

Native Peoples in the U.S., Mexico and the U.S.-Mexico Border Communities are Neither Hispanics Nor Latinos

ARGUING WITH XENOPHOBE BEAR ON RACISM ALONG THE U.S.-MEXICO BORDER AND INTERIOR

THE HYPOCRISY OF THANKS-TAKING AND PERSISTENT ANTI-INDIGENOUS (ANTI-"MEXICAN") BIGOTRY
Film, by Time Wise.

TESTIFY PROJECT: U.S. ABUSES AND VIOLATIONS OF HUMAN RIGHTS

Testify Project
"It is time for people in the United States to make their voices heard at the United Nations. The Testify Project collects stories of injustice from throughout the United States through one-minute video and one-page written testimony. The top videos and stories will be screened for United Nations delegates in Geneva, Switzerland during the United States’ Universal Periodic Review.

CORE QUESTION: How are human rights violated in your community? OPTIONAL QUESTION: What should the US Government do to protect these rights?

Videos and written testimony should tell us about human rights violations in your community. The Universal Declaration of Human Rights (UDHR) specifies many rights everyone has simply by being human, such as the right to life, liberty and security of person (Article 3), freedom from arbitrary arrest (Article 9), freedom of thought and religion (Article 18), right to form and join unions (Article 23) and right to an adequate standard of living (Article 25). You can read a full version of the Universal Declaration of Human Rights at www.ohchr.org/EN/UDHR/Pages/Language.aspx?LangID=eng, or a simplified version at www.adcq.qld.gov.au/pubs/UDHR_easyrefguide.rtf.

GET INVOLVED AND ORGANIZE! For more instructions about how to write, submit written statements, and/or how to make a youtube video and upload it to the Testify Project, click!

ORIGINARIOS, INDIGENOUS, FIRST NATION, PUEBLOS INDIGENAS, COMUNIDADES TRADICIONALES, BANDAS LIPANES, BANDAS TLAXCALTECAS ANCIANOS, INMIGRANTES INDIGENAS Y CAMPESINOS, PEOPLES OF LOWER RIO GRANDE VALLEY IMPACTED BY THE BORDER WALL, CLIMATE CHANGE AND THE HORRIFIC EFFECTS OF FLOODING, LOSS OF LIVELIHOOD, RACIST, SEXIST, CLASSIST DISCRIMINATION BY GOVERNMENT AND LOCAL AUTHORITY, AND ON-GOING IMPACTS OF THE MILITARIZATION OF THE COMMUNITY: Lipan Apache Women Defense calls upon you.

PLEASE--if you desire to walk side by side and in ALLIANCE with Indigenous Peoples working on human rights and Indigenous Rights based upon the local community protocols of governance, and the United Nations Declaration on the Rights of Indigenous Peoples as key frameworks for strengthened and empowered communities, the dismantling of the Border Wall, the return of Indigenous lands, and return of Indigenous local authority and vision for sustainable communities: CONTACT US! sumalhepa.nde.defense@gmail.com

NATIVE PEOPLES & ARIZONA SB1070

The American Indian Program at Cornell University presents a Roundtable Discussion on Arizona SB1070 and its impacts on Native Peoples.

Date: Wednesday, November 3, 2010
Place: Goldwin Smith Hall, Room 142
Time: 4:30-6:00 p.m.

Light Refreshments to follow.

Panelists:

Dr. Margo Tamez (Lipan Apache) – Assistant Professor and Faculty in Gender and Women’s Studies and Indigenous Studies, University of British Columbia, Department of Community, Culture & Global Studies. Her research areas include the Indigenous peoples and Indigenous women from the regions currently bifurcated by the U.S.-Mexico border, and decolonial Indigenous historical perspectives of Nde’ and Nnee’ (‘Apache’) peoples of the Texas-Mexico border region.

Michael Flores (Tohono O’odham from GuVo) – Community organizer in border communities in and near Arizona. He has served three terms on his Tribal Council, and as a Board Member of the International Indian Treaty Council.

Dr. Alan Eladio Gómez (Ph.D. University of Texas at Austin) - Historian and Assistant Professor in the School of Justice and Social Inquiry at Arizona State University. He writes about the history of social movements in Mexico, the U.S. and the U.S.-Mexico borderlands; and the political cultures of U.S./Third World Left radicalism.

Facilitator:
Dr. Verónica Martínez-Matsuda (PhD in Borderlands/U.S. History, University of Texas at Austin)– Visiting Professor in Cornell ILR. She has held fellowship positions at Bryn Mawr College, Rhodes College, and the Smithsonian Institution’s National Museum of American History. Her current research examines the role of the Migratory Labor Camp Program, established and managed by the U.S. Government during the late 1930s and early 1940s, in the lives of migrant farm worker families.

Co-sponsors: ILR International and Comparative Labor Department; ILR Labor Relations, Law, and History Department; Latino Studies Program; Minority, Indigenous, and Third World Studies research group; and Wells College Women’s and Gender Studies Program.

U.S.-MEXICO MILITARIZATION OF INDIGENOUS PEOPLES & LANDS ON GUATEMALA-MEXICO BORDER/ENGLISH-SPANISH

IN ENGLISH

INFO WARS

EN ESPANOL
Voces Mayos
La Jornada

LAW Defense Statement to the U.S. Social Forum

STATEMENT OF INDIGENOUS PEOPLES OF THE TEXAS-MEXICO BORDER,
LOWER RIO GRANDE RIVER, EL CALABOZ RANCHERÍA,
TO THE U.S. SOCIAL FORUM (2010) REPRESENTATIVES
Greetings!
The Lipan Apache Women Defense (LAW-Defense), an Indigenous Peoples Organization (IPO), established in 2007, and a Texas-Mexico border human rights working group, co-founded by Eloisa Garcia Tamez and Margo Tamez, is located in the heartland of Nde' shimaa hada'didla ('lands of the lightning people clans), in El Calaboz Rancheria. We exercise the right to pursue all the venues available and to create new ones for the application of customary laws of Indigenous peoples, human rights and international law, and the United Declaration on the Rights of Indigenous Peoples (UNDRIP).
LAW-Defense welcomes and invites partnerships to work productively for Indigenous Peoples‟ pursuit of “self-determination, land and natural resources, cultural rights and sacred sites protection, subsistence, Treaty rights, health and social services, non-discrimination, environmental protection, education, language, and many others which Indigenous Peoples identified as essential to their dignity, survival and well-being.”1
At this time, LAW-Defense calls upon our sisters and brothers participating in the 2010 U.S. Social Forum to join us in the sustained interrogation of the human rights violations committed by the United States of America along the Texas-Mexico border in its construction of an 18 foot tall steel, concrete reinforced wall across Indigenous Peoples lands.
LAW-Defense calls upon the U.S. Social Forum participants to support the self-determination processes of the diverse Indigenous communities who are directly impacted and irreparably harmed by the U.S. border wall construction which unfolded, between 2006-2009 in community-held lands.
We call upon you to work productively and in partnership to articulate this year, at the 2010 U.S. Social Forum, the multiple ways in which the U.S.-Mexico border militarization and the Texas-Mexico border wall impacts workers, families, women, children, elders, the sick, rural agrarian societies, subsistence societies, family-based livelihoods, traditional trade and commerce, biodiversity, traditional stewardship of sacred sites and natural resources, the dissemination of both traditional and contemporary knowledge systems, and the human rights of Indigenous peoples with Aboriginal Title across the vast region. (Articles 20 and 21, UNDRIP)

Read full statement here

O'odham Solidarity Across Borders Collective: Indigenous Perspectives & Principles on Arizona SB 1070

On Tuesday, April 27, 2010, the O'odham Solidarity Across Borders Collective (OSABC) provided critical and incisive analysis about SB 1070 from Indigenous Peoples impacted directly. A youth movement with tangible roots connected to the larger human rights and Indigenous rights social movements across the U.S.-Mexico border region led by Native American and Pueblos Indigenas, OSABC is leading a vibrant challenge to the privileges of the settler colonial power structure across North America.

LAW-DEFENSE SUPPORTS CONTINENTAL MAY 1 MARCH

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LAW-DEFENSE IN SOLIDARITY WITH PUEBLOS INDIGENAS TRANSFRONTERIZAS SONORA-ARIZONA