LEGAL STATUS OF INDIAN INDIVIDUALS

By virtue of the Indian Citizenship Act of June 2, 1924, all Indians born in the United States are citizens of the United States. As such, they are also citizens of the state in which they live, even though they may reside on a reservation. (38) Although many Indians acquired citizenship prior to 1924, pursuant to various federal statutes, it was early held that the provision of the 14th Amendment of the United States Constitution conferring citizenship on "all persons born or naturalized in the United States, and subject to the jurisdiction thereof" did not confer citizenship on Indians. (39)

State and federal citizenship and tribal membership are not incompatible; (40) Indians are citizens of three separate political entities. As citizens of the federal government, they are subject to the laws of the federal government no matter where they may be located. As citizens of the tribal government they are subject to the civil and criminal laws of the tribe when they are on the reservation and within its jurisdiction (except, as stated above, in Public Law 280 states). They are subject to the laws of the states while off the reservation.

NOTES:
38) Acosta v. San Diego County, 126 Cal. app. 2d 455, 272 p. 2d 92; Deere v. New York (D,C. N.Y.) 22 F. 2d 851 (1927).
39) Smith v. United States, 151 U.S. 50, 38 (1894)
40) Halbert v. United States, 283 U.S. 753, 762-763 (1931).

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