Tribal membership in government recognized tribes can be employed as a priority factor in the admissions decisions of public universities. Proposition 209 prohibits consideration of race ethnicity, gender and national origin, and the designations of “American Indian” and “Native American” are generally considered racial/ethnic classifications. However, American Indian tribal membership also describes a political category due to the unique political relationship between tribes and the federal government which acknowledges federally recognized tribes as political entities. Setting admission priorities in order to educate members of recognized Native American political entities represents a legitimate responsibility of the University of California, San Diego.
In 1975 Congress enacted policies establishing self-determination for federally recognized tribes. This was based on the understanding that tribes have functioning governments that have inherent sovereign powers. Courts have recognized the importance of leadership training to the government policy goals of tribal self-sufficiency and sovereignty. Cultivation of a set of leaders with legitimacy in the eyes of the citizenry is necessary. The path to leadership must be visibly open to talented and qualified individuals. Educating children and future leaders is crucial to the effective management of complex tribal affairs. Without this, tribes will be impeded in exercising their sovereign authority and the federal government’s policy of self-determination will be undermined.
With 17 tribes in San Diego County, the University of California, San Diego has an affirmative obligation to educate tribal members. The following is a summary of the attached legal paper, “Tribal Membership and State Law Affirmative Action Bans” by Cruz Reynoso and William Kidder. The outline for this proposal for graduate studies admissions priority policy is also included.