Tuesday, June 10, 2014
WHITIE Compliant? You are Kidding, Right?
On June 2, 2014, every "member" of the Seneca Nation of Indians (SNI) received a letter from his/her President announcing the launch of the Seneca Nation's new Enhanced Tribal Identification Card (ETC) program. The announcement of the program was couched in terms of preventing terrorism, strengthening border security and facilitating ease of border crossing/travel as well promoting a partnership between the SNI and the U.S. Department of Homeland Security (DHS) through their Memorandum of Agreement (MOA).
The letter begins with the declaration that "the Western Hemisphere Travel Initiative (WHTI) requires U.S. and Canadian travelers, including Seneca Nation members, to present a passport or other WHTI-approved document that denotes identity and citizenship when entering the U.S. at land or sea borders while traveling within the western hemisphere."
Well let's clear up a few things right from the start. They say WHTI, I say WHITIE. And in spite of this letter's contention that these WHITIE-compliant ETCs are designed to "continue the protection of our sovereign rights," this could not be farther from the truth. This WHITIE requirement is a violation of the UN Declaration on Human Rights, the UN Declaration on the Rights of Indigenous Peoples and a direct abrogation on our sovereignty, as well as a violation of our inherent rights and laws of nature. Note that I didn't even bother to bring up their BS, double-talking, land stealing treaties.
There are almost too many problems with this thing to cover it here, despite the fact there are really only five requirements for WHITIE compliance. But before I get into those, let me hit a few huge shortcomings of these cards and problems with the program. First, although it is stated pretty clearly, it’s easy to overlook the most obvious flaw — this will not help with travel into Canada or any place else. The WHITIE documents are for "entering the U.S...." The SNI Application for an ETC says it even more clearly — "An ETC can be used...to return to the U.S. from Canada, Mexico and some countries in the Caribbean at land/sea border entries. However, Canada will not accept an ETC...to enter into Canada." So these things are not for traveling from home. They are only to prevent DHS from denying our return.
The SNI application has significant violations of privacy and goes well beyond basic identification information:
FULL LEGAL NAME, GENDER, HEIGHT, AGE, DOB, PLACE OF BIRTH, SSN, TRIBAL ENROLLMENT NO., CLAN, PASSPORT #, HOME PHONE, MOBILE, WORK, PHYSICAL ADDRESS, MAILING ADDRESS, MARITAL STATUS, MOTHER'S MAIDEN NAME, LEGAL NAME OF FATHER, WERE THEY LEGALLY MARRIED?, CHILDHOOD RESIDENCE, EMPLOYED?, EMPLOYER'S NAME, ADDRESS, PHONE, LEVEL OF EDUCATION, COLLEGE(S) ATTENDED, DEGREE(S)/YEAR(S), CAN YOU READ AND WRITE ENGLISH?
The applicant also has to sign a Confidentiality Statement that acknowledges "legal penalties associated with... providing false information" yet is provided no confidentiality agreement from the SNI, DHS, U.S. Customs and Border Protection or whoever the WHITIE guys are. In fact the MOA doesn't even detail the use of this information but rather only mentions "validation of the Seneca Nation ETC information as specified in the separate service level agreement developed between the parties."
These are among some of the issues that jump off the pages of these documents without even getting into the WHITIE requirements. An expiration date seems benign enough but "mandatory facial image capture" sounds a little creepy. This is for compatibility with federal facial recognition programs and databases. The fact that, according to the MOA, the SNI clerk will retain this "capture" even if no card is issued just adds to the creepiness. Beyond basic requirements for counterfeit protection these WHITIE cards are required to have a Machine Readable Zone (MRZ) utilizing Optical Character Recognition technology and an RFID chip that will allow "unique identifiers" to be acquired; in the case of the RFID chip, without the card ever having to come out of your pocket. These Unique Identifiers will include digital photographs and other personal information and can be acquired by readers merely in your vicinity.
But clearly the kicker in this whole program is the U.S. or Canadian citizenship requirement. The applicant MUST provide proof of "recognized U.S. or Canadian citizenship to be approved and the WHITIE card must display that citizenship prominently on its face. This requirement is essentially tantamount to saying to any of us that if we manage to step over one of the imaginary lines of the U.S. that we cannot return without a declaration of citizenship to the U.S. or Canada.
This clearly is not an oversight. In fact, in the SNI ETC Application the first note under the "PROOF OF "RECOGNIZED" U.S. OR CANADIAN CITIZENSHIP" is: *Note that in submitting evidence of "recognized U.S. citizenship", the ETC applicant is not admitting to/accepting U.S. or Canadian citizenship and is first and foremost a citizen of the Seneca Nation."
Well that fixes everything. NOT! Now what member of the SNI legal team thought that adding this note in the application would negate the obvious implication of the WHITIE requirement? The MOA clearly states that "Nation staff shall in every case confirm that the applicant is recognized as a U.S. or Canadian citizen." *Note that it does not say that the applicant may qualify for U.S. or Canadian citizenship or meet to requirements for such. Again, this is not just a requirement for getting a WHITIE card but it's a requirement that it is actually stated on the WHITIE card.
I can't help but interpret this buried and anything but a legitimate disclaimer as an attempt to dupe the applicant. This is just devious. This is not a statement promulgated by the Seneca Nation to the U.S. State Department or anyone who would ever see these ETCs. And it certainly won't be among the card's "Unique Identifiers" broadcasting from their RFID chips. Where were these legal wizards, who clearly saw the problem, with their challenges to WHITIE in the first place? Where was just one of these overpriced consultants when these fear mongering, 9-11 obsessed, opportunistic WHITIE supremacists put these racist requirements together? No nation can de-nationalize another or force their citizenship upon a non-consenting people. These WHITIE cards are not Seneca Nation identification cards. They are federal IDs with tribal logos and enrollment numbers.
We need to resist these WHITIE cards. The SNI boasts, in bold print in the letters addressed to "Dear Seneca Nation Member," (not Citizen), The Seneca Nation is just the third Indian tribe in the country to issue ETCs. In almost 5 years since this latest attempt at forced assimilation, only two other "Indian tribes" were gullible enough to go through with this?
Well, let's hope the Seneca people, the Onondowaka, are smarter than their administration lawyers are or at least smarter than their lawyers think they are.