MCLOUD, Okla. — For generations, the descendants of enslaved people once held by the Cherokee, Seminole, Muscogee, Chickasaw, and Choctaw nations have navigated a complex and often inequitable relationship with the tribes that are now their ancestral homelands. While recent efforts have begun to address historical injustices and expand access to vital tribal services like healthcare and education, significant barriers remain, leaving many feeling marginalized and excluded. The fight for full recognition and citizenship continues, underscored by a “chilling effect” that discourages many from even seeking the benefits they are entitled to.
The legacy of slavery within these five tribes is a painful chapter of American history. Following the Civil War, treaties with the United States guaranteed citizenship to the formerly enslaved, known as Freedmen, and their descendants. However, the implementation of those treaties has been uneven, and the status of Freedmen descendants remains a contentious issue today. A recent report by the Government Accountability Office (GAO) released ahead of Black History Month highlights ongoing disparities and the necessitate for continued work to ensure equitable treatment. The COVID-19 pandemic, according to activists, further exposed these inequalities, with some Freedmen descendants reporting being denied access to vaccines and financial aid.
Currently, the Cherokee Nation stands alone in extending full citizenship rights to Freedmen descendants, equal to those of citizens with documented Native American ancestry. The Seminole Nation allows Freedmen descendants to vote and participate in the general council, but restricts access to certain benefits. The Muscogee (Creek), Chickasaw, and Choctaw nations currently deny tribal citizenship altogether to Freedmen descendants, effectively excluding them from essential tribal programs and services. This disparity in citizenship rights is at the heart of the ongoing struggle for recognition and equity.
The GAO report detailed instances of Cherokee and Seminole Freedmen descendants being asked to provide proof of “Indian blood” when applying for assistance, a demand that feels particularly jarring given their historical claim to citizenship through treaty rights. The report also found that the Seminole Nation has actively prevented Freedmen descendants from accessing federally funded housing, education, and elder assistance programs. “It’s important to shine a bright light on this 21st century racism,” said Marilyn Vann, a longtime activist and president of the Descendants of Freedmen of the Five Tribes Association, as reported by the Associated Press.
A Personal Toll: The “Chilling Effect”
John Beecham, a Cherokee Nation citizen and Freedmen descendant, experienced firsthand the obstacles that persist. In 2020, while pursuing an education at Haskell Indian Nations University, a federally run tribal college in Kansas, he was asked to provide documentation proving his degree of “Indian blood.” Despite already possessing a tribal enrollment card, the request felt deeply unfair. Cherokee Nation Principal Chief Chuck Hoskin intervened, verifying Beecham’s citizenship and urging Haskell to reconsider his application. While the school eventually reversed course, Beecham ultimately chose not to reapply, fearing further hurdles.
“I thought, ‘If this is how they treat me during the application process, I might have a hard time going to school there,’” Beecham said. He now works for a rail technology company in California and believes he could be earning a higher salary with a bachelor’s degree, but has refrained from seeking other tribal services since the incident. This experience illustrates the “chilling effect” Vann described – a reluctance to engage with tribal systems due to fear of discrimination or bureaucratic obstacles.
The U.S. Bureau of Indian Education, which oversees Haskell, issued a clarifying letter in 2024 stating that “eligible Indian students” include all citizens of federally recognized tribes and that enrollment cards are sufficient proof of eligibility. However, the agency acknowledged it does not track whether Freedmen descendants have enrolled in its schools, making it difficult to assess the impact of the policy change.
Unequal Access to Essential Services
Mark McClain, another Cherokee Nation citizen and Freedmen descendant, conducted an informal audit of Indian Health Service (IHS) clinics in Oklahoma between 2018 and 2020. He reported that six clinics requested proof of “Indian blood” before providing him with care. When he challenged these requests, he sometimes faced hostility from IHS staff. Following a review of its policies in 2021, the IHS clarified that Freedmen descendants only need to prove tribal citizenship to receive care and provided training to staff in Oklahoma City on proper eligibility assessment. McClain now receives care at the Kickapoo Tribal Health Center, which had previously turned him away.
However, disparities persist in other areas. The GAO review found that the Seminole Nation excludes Freedmen descendants from federally funded programs through technicalities. For example, access to elder assistance, college scholarships, and burial stipends is limited to citizens with a Certificate of Degree of Indian Blood and lineage tracing back to the Seminole Nation as it existed in 1823 – before the recognition of “Black Seminoles” as citizens. Federal housing assistance is distributed using a points system that awards zero points to Seminole Freedmen descendants.
LeEtta Osborne-Sampson, who represents one of two Seminole Freedmen bands on the tribe’s general council, emphasized the historical context of this disenfranchisement. “Freedmen descendants already are disenfranchised by the legacy of slavery and Jim Crow segregation in Oklahoma,” she said. “Our hope is that our own tribe can have a heart and recognize that we’re not going anywhere.”
The Path Forward: Recognition and Enforcement
The Muscogee Nation took a significant step last year when its Supreme Court struck down a constitutional requirement that limited citizenship to those with Muscogee “by blood.” This ruling paved the way for Freedmen descendants to enroll in the tribe. However, the ruling has yet to be fully implemented. Principal Chief David Hill stated in a December report to the court that the tribal council must adopt new laws and potentially amend the constitution before citizenship can be extended. The Muscogee Nation has not yet provided a timeline for these changes.
Cherokee Nation Principal Chief Hoskin has acknowledged slavery as a “moral stain” on his tribe’s history and expressed optimism that other tribes will eventually recognize their Freedmen descendants. “ (Freedmen descendants) want to be seen and they want their story to be understood after it’s been suppressed for many generations,” Hoskin said. “That’s going to take time.”
The struggle for full recognition and equal rights for Freedmen descendants is far from over. The ongoing efforts to clarify eligibility requirements, address discriminatory practices, and enforce treaty rights represent a crucial step toward rectifying historical injustices and building a more equitable future for all tribal citizens. The next key development will be the Muscogee Nation’s progress toward implementing its Supreme Court ruling and establishing a clear path to citizenship for Freedmen descendants.
What are your thoughts on the ongoing struggle for recognition of Freedmen descendants? Share your comments below and help spread awareness of this important issue.
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