Some indigenous families leave Nooksack homes amid evictions; U.N. rep calls for action

Several Indigenous families disenrolled from the Nooksack Indian Tribe – and subsequently served with evictions from Nooksack Tribal housing – opted to leave their homes voluntarily last week rather than face removal by Tribal law enforcement after a nearly decadelong dispute.

The families have rented their Nooksack-owned homes since the late 1990s and early 2000s through the federal Low-Income Housing Tax Credit (LIHTC) program, with the goal of Eventual Tenant Ownership.

But since the families were some of the more than 300 people disenrolled from the Tribe in 2016 – the legitimacy of which the families have long disputed – the Nooksack Tribe has been working to evict them. The families self-identify as Nooksack but Tribal leaders say they were incorrectly enrolled in the 1980s and have not provided adequate proof of their lineage, which the Tribe requires as eligibility for the families to live in Nooksack-owned housing.

After the evictions were challenged and moved through the court system over the last several years, a final ruling this fall allowed the Tribe to move forward with them. The Nooksack Tribe initially said it would allow the families to remain in their homes through the end of the year. But the families made a counteroffer asking that they be allowed to stay in their homes, which the Tribe rejected.

Evictions were expected to begin the Friday after Thanksgiving. Several more are expected after another court hearing set for Dec. 10.

International attention

In a Nov. 29 social media post, U.N. Special Rapporteur Balakrishnan Rajagopal called on the Nooksack Tribe “to stop the forced eviction scheduled today of 3 families, and find a more humane solution,” calling the situation “dire.”

“I also urge the Federal Government and Washington State to prevent this eviction and, if it still takes place, to ensure immediate access to emergency housing,” the post continues.

This is at least the third time a U.N. representative has called on government officials to intervene and prevent the evictions, raising concerns about the welfare of the residents. The families have also asked state and federal officials and agencies for help to prevent the evictions. Although some officials have previously indicated they do not support the eviction proceedings, they have said they respect Tribal sovereignty and do not have the authority to intervene.

The Washington State Housing Finance Commission (WSHFC), which oversees the LIHTC program, has said it cannot intervene in the matter because individual property owners ultimately have the authority, within the law, to determine eligibility standards for tenants.

Without government intervention after this last court ruling, three families ultimately chose to leave their homes voluntarily.

“Facing eradication, the entire United States government system – federal, state, and tribal – has forsaken us,” Michelle Roberts, the families’ advocate and one of the residents facing eviction, said in a final statement issued Nov. 25.

“We are tribal Americans without any country. But we will always be Nooksack. It will always be our birthright to be Nooksack. We do not need a piece of paper from Nooksack to confirm our birthright or our ancestral truth. Our family knows who we are and where we belong – now more than ever. We have grown stronger.”

The Nooksack Tribe has said it intends to reallocate the homes to other Tribal families on the waiting list for low-income housing, which currently includes more than 214 people – including some unhoused individuals and 15 elders. The Tribe operates 111 housing units reserved for Tribal members.

The Nooksack Tribe did not respond to a request for comment from the Bellingham Herald regarding when those move-ins could begin.

An unsuccessful program

The eventual ownership program these families intended to use before being disenrolled was recently deemed “ineffective” and “disappointing” by a performance audit released by the state auditor’s office.

The program is designed to give low-income Washington residents living in affordable rental housing – many in Whatcom County – the option to eventually purchase their home. The audit found that of the 135 homes in Washington eligible for sale to tenants as of 2023, not one had been sold.

All of the homes eligible for tenant purchase through the LIHTC program in Whatcom County – 61 in Deming and 24 in Everson – are owned by the Nooksack Indian Tribe.