Legal features of Indian tribes

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Legal features of Indian tribes

Сообщение DARPA » 11 фев 2015, 19:44

Indian reservations operate on the principle of "self" and do not obey the laws of the State. And "the judge is the one who will appoint a leader" - regardless of their level of education. LOGOFILKA runs an immigration attorney in Arizona and reveals the nuances of the Indian legal system.
Judging by how vigorously in the comments the previous post I sent to all reservations, I guess that with the life of Indians, most of my Russian-speaking audience familiar with the movie "The Man from Boulevard des Capucines." Therefore, for the entertainment of a respectable audience, I will write about my experience with the who inhabited America before the Europeans come in large numbers. Around Phoenix in a chaotic manner are many reservations. In fact, about a quarter of all land belongs to the Indians in Arizona, but it is not always obvious, because most of the areas not highlighted, except for a small sign on the side of "You vezzhaet the territory of the tribe of the Apache / Hopi / Cherokee, and so on. D." In Arizona live representatives of twenty currently existing Indian tribes. In reservations acts "self-government" and state police in their territories does not work. In practice, it looks like this. The client wants to obtain a divorce with the current husband and marry another citizen. This requires the signature of her first husband. But on the eve of the former spouse started a brawl in a bar and fled from the police, and because in his veins flows the blood of the Apaches, he sits on the reservations and get him out of there can not be any police or court officer who has a subpoena on a movable case.

The courts have also their tribes. They may attend the lawyers "with great land", but only if the lawyer has the appropriate license, which is very difficult to obtain (for each tribe requires a separate license). These lawyers throughout Arizona - 60 people on the force and they are very wealthy people for one simple reason - no such lawyers nor the banks nor the debt collection agencies do not have access to the residents of the reservation. For example, the Indian car bought on credit, paid the first installment, and then dumped the car and pay the reservation ceased. Whether the debtor is pale, the bank would have had sent a special service, which would be the car confiscated, auctioned, and returned to the bank loan. In the case of the Indians, none of the structure has no authority to pick up the car reservations. Therefore, the bank through a special attorney to file suit in tribal court. Counsel appear at a hearing before a judge and shows liabilities of the owner of the machine. If the judge was impressed, he signed with the permission to take ownership of the territory of the reservation, and this resolution has already confiscated the car. But the judge may well decide in favor of the owner of the car. Judges, by the way, in the tribal courts is not something that they have no legal training, and often have no education at all. The judge is the one who will appoint a chief.

The present chief of the tribe, I saw once. Year and a half ago in our area suffered a near-immigration scandal. On reserves, usually, there is a casino. The feds do not tax gambling establishments located on reserves, the Indians have their own little gesheft. Further, there is a cultural feature - Mexicans love gambling and often go to the casino. Not like all seen in the «Ocean's 11" and sheds stained with slot machines in 1 cent. To enter the casino, you have to show your personality udostvoerenie by age. Naturally, the illegals are no local rights or other American documents, and play hunting. Therefore, they show at the entrance «matricula» - Mexican consular card with a picture, date of birth and home address in the United States. Local police's deportation realized that one such card - the illegal immigrant. Therefore, local immigration amicably agreed with several casinos (I think by promising that they would not carry out their raids to detect illegally employed) that the person checking for input documents will make a copy of matriculation. Having collected dozens of such copies, deportation officers rolled to the addresses indicated on the cards, and do plan on catching illegal immigrants for the current quarter. It lasted a few months, until a few tribes have not filed a class action lawsuit in court against the government for illegal operations in the Indian territories.

Next slammed terrible scandal. Washington rolled important guys in expensive suits, flew heads of local officials in the immigration department, a lot of people publicly flogged. After that, guys in suits gathered briefing for immigration attorneys and representatives pravozaschitnecheskih organizations. I came to this meeting, and the school has a habit took place in the first row. The first half hour was boring - a man wearing a jacket with a straight face was reading the report, which indicated that if the feds and exceeded the powers that quite a bit. And no one was hurt, and who suffered the evil Pinocchio himself and deported in the case. And then ceased to be a languid evening. On the back row loudly rolling: "It's all bullshit!" Everyone turns and we see from the back row rises six-foot man with an aquiline profile and a headdress of feathers. And he looked so that we can assume that each feather symbolizes the scalp pale-faced man in working life. In my head instantly flashed: "The Apaches on the warpath," a leader, making sure that produced the desired effect, began to run into men in suits: "You came to my land, you have insulted my people!" Washington guys tried something vyaknut but their leader tore to shreds. In short, our conference turned and promised to convene a new one will be ready when the other report. And wait for half a year.
DARPA
 
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