Cheryl Crazy Bull, President and CEO of the American Indian College Fund
The new Republican Administration began by signing dozens of executive orders (EOs), with more signed every week. But what is an EO and how does it impact governance? And what is the potential impact on Native higher education and tribal colleges and universities (TCUs)?
Executive orders are a written directive, signed by the President. They direct Executive Branch agencies and staff to start or stop specific actions. EOs are issued in relation to laws passed by Congress or based on powers granted to the President in the Constitution. Executive orders cannot contradict or violate the Constitution, federal laws, or the fundamental rights of American citizens.
Since his inauguration on January 20 (as of Feb. 17), President Trump has signed 65 EOs. These EOs cover a wide range of policy areas. Many of the recent and potential executive orders could have sweeping, negative impacts on Native education. Programs serving tribal citizens should be exempt from the EOs which are directed at diversity, equity, inclusive and accessibility programs; environmental justice; and restricting the federal work force due to the treaty and trust obligations of the federal government. Yet the threat remains. For example, dismantling the Department of Education (DoE) could mean the reduction or loss of Title I funding to high poverty areas. Eliminating the DoE could also end programs that create new teachers for Native school systems.
EOs can also reverse previous executive orders, such as the recent repeal of the White House Initiative on Advancing Educational Equity, Excellence, and Economic Opportunity for Native Americans and Strengthening Tribal Colleges and Universities. This terminated a valuable resource that focused federal agencies’ attention on the priorities and needs of Native education.
Many tribal communities founded their TCUs to provide tribal citizens with affordable, accredited, and culturally based higher education. Tribal colleges are also often the only option for higher education in remote, rural areas. These open enrollment institutions offer affordable higher education to all, producing skilled graduates trained to meet the needs of their local workforce. The 34 accredited TCUs that the American Indian College Fund serves have a combined enrollment of nearly 22,000 students a year across 13 states. They all offer trade certification and workforce education and associate degree programs. Many TCUs also offer more advanced degrees as well and are always expanding program options for students. TCUs offer real value for students in a time when a competitive workforce is most needed.
EOs are not final but are subject to review by the courts.
Congress may also enact a law that reverses an EO or asserts its lawful authority to oversee the execution of an EO.
As noted earlier, the federal government has trust and treaty obligations that supersede EOs. All branches of the government must adhere to treaties and trusts when working with Tribes.
Federal funding for tribal programs flows from trusts and treaties. It is critical that politicians and justices be aware of these government-to-government relationships and the importance of adhering to trust and treaty agreements.
It is important for all of our Tribal citizens, allies, and friends to understand executive orders and how they impact Native people as well as all Americans. With regard to our work together and its impact on our students, Tribes, and the nation, we must continue to recognize and respect the sovereignty of Tribes and the value of educational access and opportunity. Knowing the roles, procedures, and boundaries of the branches of the government helps us to better understand the impact—and legality— of executive orders.
