The Trump Administration Faces Lawsuit Over Cuts to Native American Education
The Trump administration is under fire from three tribal nations and five Native American students, who have filed a lawsuit accusing the government of failing to meet its legal obligations to tribal communities. The suit centers on the administration’s decision to cut jobs at schools operated by the Bureau of Indian Education (BIE), including two colleges: the Southwestern Indian Polytechnic Institute (SIPI) in New Mexico and Haskell Indian Nations University in Kansas. These cuts, made as part of broader federal agency reductions, have left students and staff facing unsafe conditions, canceled classes, and delayed financial aid, according to the lawsuit.
The lawsuit, filed in federal court in Washington, D.C., names the heads of the Interior Department, the Bureau of Indian Affairs (BIA), and the Office of Indian Education Programs as defendants. It alleges that the federal government violated its trust responsibilities by failing to consult with tribal nations before implementing the layoffs. The Pueblo of Isleta, the Prairie Band Potawatomi Nation, and the Cheyenne and Arapaho Tribes argue that the cuts have severely impacted the quality of education and safety at the two colleges, which are integral to the education and development of Native American students.
Devastating Impact on Students and Staff
The layoffs at SIPI and Haskell have had a profound and immediate impact on both students and staff. At SIPI, nearly a quarter of the staff, including nine instructors, were fired or forced to resign in February. The lawsuit highlights that the loss of security and maintenance personnel has left the campus in an unsafe condition. For example, two recent power outages went unresolved due to the lack of staff, forcing students like Kaiya Brown to leave their dorms to complete school assignments. Brown’s dorm was without power for 13 hours, leaving her no choice but to seek alternative accommodations to continue her studies.
Similarly, Haskell Indian Nations University lost more than a quarter of its staff, including critical roles such as the Dean of Students, instructors, property management specialists, coaches, tutors, residential advisors, academic advisors, custodians, and even its only bus driver. The student center has been shuttered, and many students have reported delays or complete failures in receiving their financial aid. The situation has become so dire that students are now being served smaller meals, and bathrooms on campus often lack basic necessities like toilet paper. Additionally, some classes are now being taught by deans who lack the expertise of the fired professors.
While some staff and faculty have been rehired, the BIE has informed them that their employment may only be temporary, leaving many in a state of uncertainty. The Interior Department and the BIA have declined to comment on the lawsuit, citing pending litigation.
The Broader Context of Federal Trust Responsibilities
The BIE plays a critical role in providing educational opportunities for Native Americans and Alaska Natives across the United States. The agency operates under the federal government’s trust responsibilities, which include legal and moral obligations to protect and uphold treaties, laws, and congressional acts benefiting tribal nations. The BIE oversees 183 schools on 64 reservations in 23 states, serving approximately 42,000 students. Of these, 55 schools are directly operated by the BIE, while 128 are tribally operated.
Despite its important mission, the BIE has long faced challenges, including significant understaffing, which has hindered its ability to effectively monitor and support schools. The U.S. Government Accountability Office (GAO) has repeatedly highlighted these issues in recent years. The federal government’s trust responsibilities extend beyond providing funding; they also require meaningful consultation with tribal nations before taking any action that could potentially harm their interests or services.
The Failure to Consult Tribal Nations
A central allegation in the lawsuit is that the federal government failed to meaningfully consult with tribal nations before implementing the layoffs. Hershel Gorham, lieutenant governor of the Cheyenne and Arapaho Tribes, emphasized that consultation is a legal and moral imperative. “In this case, there was no consultation done, not only from the BIA and BIE but the federal government in general,” he said. The Cheyenne and Arapaho Tribes have 35 students enrolled at Haskell, and Gorham expressed concern about the broader implications of the cuts.
The lawsuit also points to recent cuts to the Departments of the Interior and Health and Human Services, which were later rescinded. While this might suggest that the secretaries of these departments recognize the federal government’s trust responsibilities, Gorham noted that it also raises questions about their ability to prevent violations of Native American rights. “Right now, it seems like they’re not being given that full autonomy, if you look at the cuts that were made to Haskell, SIPI, and the BIE schools,” he said.
The Fight for Accountability and Justice
The lawsuit seeks to hold the Trump administration accountable for its actions and to ensure that the federal government upholds its trust responsibilities to tribal nations. The cuts at SIPI and Haskell have not only disrupted the education of Native American students but have also created unsafe and unsustainable living conditions. The tribes and students involved in the lawsuit are calling for meaningful consultation and a reversal of the harmful policies that have led to this crisis.
This case highlights the ongoing challenges faced by Native American communities in their efforts to access quality education and to have their voices heard in federal decision-making processes. It also underscores the need for greater accountability and transparency in how the federal government fulfills its obligations to tribal nations. As the lawsuit moves forward, it will be a critical test of whether the federal government can be held accountable for its failure to protect the rights and interests of Native American students and communities.
