Last week, a second Native American-owned company terminated a multi-million dollar agreement with United States Immigration and Customs Enforcement (ICE) following community pressure. A division of Oneida ESC Group, a firm owned by the Oneida Nation of Wisconsin, scrapped a $3.8 million contract with ICE for engineering and inspection of federal facilities after the Oneida government denounced the contract. The Oneida government also replaced the subsidiary’s board of managers.
Chairman Tahassi Hill of the Oneida Nation of Wisconsin emphasized the importance of nations having the autonomy to uphold their own laws, policies, and values. He stated that immediate action must be taken when conflicts arise with core values.
In a similar move last month, the Prairie Band Potawatomi Nation in Kansas canceled a $29.9 million contract with ICE for planning, research, and concept designs for secure structures. The tribal chairman, Joseph “Zeke” Rupnick, highlighted the historical context of Indian reservations being used as detention centers, stressing the need to avoid activities that perpetuate past traumas.
Becky Webster, a member of the Oneida Nation of Wisconsin and former senior staff attorney, expressed surprise upon discovering the ICE contract, stating that it contradicted the tribe’s values. Matthew L. M. Fletcher, a law professor and member of the Grand Traverse Band of Ottawa and Chippewa Indians, explained that these contracts stem from affirmative action programs supporting minority-owned businesses.
Tribally owned corporations, Alaska Native corporations, and Native Hawaiian organizations benefit from contracting preferences under the federal 8(a) program, which supports socially and economically disadvantaged small business owners. Despite the termination of other affirmative action programs, the 8(a) program remains unaffected.
Fletcher noted that tribes’ unique legal status allows them to engage in these contracts without certain regulatory requirements. He mentioned that some tribal corporations act as pass-through entities, enabling them to secure no-bid contracts without monetary limitations.
Winona LaDuke, an environmentalist from White Earth Reservation in Minnesota, criticized the trend of turning Indigenous people into corporations, likening it to a colonization process. She urged tribes to scrutinize their business dealings to ensure alignment with their values, emphasizing the importance of community activism in holding corporations accountable.
The NANA Regional Corporation, owned by 11 Iñupiaq villages in Northwest Alaska, holds significant contracts with the Department of Homeland Security and ICE. The corporation highlighted its commitment to upholding ethical and legal standards in its operations, emphasizing transparency and accountability to its shareholders.
Overall, the recent developments underscore the complexities and ethical considerations surrounding Indigenous nations’ involvement in government contracts and the ongoing efforts to balance economic opportunities with cultural values and community interests.
