Last week, a second Native American-owned company announced the termination of a multi-million dollar contract with United States Immigration and Customs Enforcement (ICE) following community pressure.
A subsidiary of Oneida ESC Group, a corporation owned by the Oneida Nation of Wisconsin, has canceled a $3.8 million contract with ICE for engineering and inspection of federal facilities after the Oneida government raised concerns about the contract. The Oneida government also made changes to 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 values and principles. He stated that immediate action must be taken when faced with issues conflicting with their laws and core beliefs.
In a similar move last month, the Prairie Band Potawatomi Nation in Kansas terminated a $29.9 million contract with ICE for planning, research, and concept designs, and dismissed senior members of the corporation’s leadership.
Prairie Band Tribal Chairman Joseph “Zeke” Rupnick highlighted the historical significance of Indian reservations as early forms of detention centers and stressed the need to avoid activities that resemble past injustices against Indigenous peoples.
Becky Webster, a member of the Oneida Nation of Wisconsin and former senior staff attorney, explained that tribal corporations operate independently to diversify economic ventures and shield nations from certain legal responsibilities. Corporate boards oversee daily operations, providing a degree of separation from the nation.
Matthew L. M. Fletcher, a law professor at the University of Michigan and member of the Grand Traverse Band of Ottawa and Chippewa Indians, mentioned that tribal corporations benefit from affirmative action programs supporting minority-owned businesses since the 1960s and 1970s.
Under the federal 8(a) program, tribally owned corporations, Alaska Native corporations, and Native Hawaiian businesses with majority tribal ownership receive contracting preferences. The program aims to support socially and economically disadvantaged small business owners.
Despite the termination of various affirmative action programs, 8(a) remains operational, offering contracting opportunities to minority-owned businesses. Fletcher noted the attractiveness of such contracts to tribes due to their unique legal standing and exemption from public disclosures.
Pass-through entities like Akima, a subsidiary of NANA Regional Corporation owned by Iñupiaq villages in Alaska, hold significant contracts with Homeland Security and ICE for detention services. These entities operate under strict internal policies to ensure legal and ethical compliance.
While facing limitations on public disclosures regarding contracts, NANA reaffirmed its commitment to transparency and accountability to shareholders. Fletcher mentioned other tribal corporations engaged in federal logistics operations, often acting as intermediaries for contracting purposes.
Writer and environmentalist Winona LaDuke expressed concerns over the dependency created by turning Indigenous people into corporations, likening it to a form of colonization. She criticized certain contracts held by Alaska Native corporations as morally objectionable.
LaDuke urged tribal nations like the Prairie Band Potawatomi Nation and Oneida Nation of Wisconsin to scrutinize their business dealings closely to avoid controversial contracts like those with ICE, emphasizing the importance of citizen engagement in decision-making processes.