Wabanaki Legal News

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New Legal Help for Passamaquoddy Juveniles and Young Adults

Pine Tree Legal's Native American Unit has received a federal grant to provide legal help to Indians under the age of 25. This work will cover criminal and delinquency cases in the Passamaquoddy Tribal Court at Indian Township and Pleasant Point. We can also help with other legal problems related to criminal charges. Examples could be:

  • Loss of housing
  • Loss of employment
  • Loss of education, and
  • Other problems caused by criminal convictions or court appearances
  • Race discrimination
  • Misconduct by police or jails
  • Problems in juvenile detention facilities
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US Acts on UN Rights of Indigenous Peoples Declaration

In September 2007 the United Nations passed the Declaration on the Rights of Indigenous Peoples (UNDRIP). It covers 46 issues important to Native people, including:

  • Self-determination, or the right of a people to decide their political status and government
  • Culture and language
  • Education and health
  • Housing, land, resources and environment
  • Indigenous law
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Indian Child Welfare Act

What is the Indian Child Welfare Act?

The Indian Child Welfare Act (ICWA) is a federal law that regulates state court placement proceedings involving Indian children. ICWA applies to any child protective case, adoption, guardianship, termination of parental rights action, or voluntary placement of Indian children.

When & Why was ICWA passed by Congress?

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Two New Rules For Direct Deposit Of Social Security And SSI Benefits

Starting May 1, 2011 new applicants for Social Security and SSI (and some other federal programs) are required to have their benefits deposited directly to a bank account or Direct Express card account. The option of paper checks will no longer be available unless a special hardship waiver is granted. It will be very difficult to prove hardship under the new rules. People who have been getting their Social Security and SSI benefits by check will need to switch to electronic payments by March 1, 2013 unless they obtain a waiver.

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SOCIAL SECURITY OVERPAYMENTS

Pine Tree Legal has been able to help several tribal members who received Notices of Overpayments from Social Security. There are several things you can do about overpayments, but it is very important to take action quickly when you receive a Notice. It becomes harder for us to help if you wait. If you ignore the notice, SSA will start taking money out of your payments. Contacting SSA promptly can stop the collection of the overpayment until a decision is made by SSA.

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Border Crossing Update

In June of 2009, the Western Hemisphere Travel Initiative (WHTI) was put into place. This law imposes stricter document requirements on Native Americans who cross the land borders between the United States and Canada.

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VA Announces New Office to Help Native Veterans

Twenty percent of Maine's Native Americans have served in our armed forces. Native Americans serve at a higher rate than any other group. The Department of Veterans Affairs (VA) announced the creation of the Office of Tribal Government Relations. The office will serve over 200,000 Native Veterans nationwide.

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Natives Allege Housing Discrimination

Three Native American families have filed fair housing complaints. The Maine Human Rights Commission will hear their cases.

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Notes From the Presque Isle Office

In order to better serve members at both of Aroostook's Native communities, the Native Unit is improving outreach to both bands. Starting a few months ago, Presque Isle managing attorney, Jeff Ashby, has been going to the Micmac Health Center every month, on the last Wednesday of the month from 9:00am until noon, to meet with potential Micmac clients. Come by to visit Jeff! At Maliseet, Jeff will soon take over from Native Unit member Paul Thibeault to meet with folks there at regular outreach. Dates and times of Jeff's regular visits to Maliseet will be announced soon.

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Fair Employment Practices

The Legal Aid Society of Mid-New York, Inc. and Pine Tree Legal Assistance in Maine work with the United States Department of Justice's Office of Special Counsel (OSC) for Immigration-Related Unfair Employment Discrimination to protect immigrant and citizen workers from being discriminated against by employers.

The Immigrant and Nationality Act's anti-discrimination provisions protect immigrant workers from the following types of employment discrimination:

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