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Dozens of Native Americans report being questioned or detained by ICE

As President Donald Trump's immigration crackdown continues, one community says they've felt unfairly targeted. This year, the Navajo Nation said dozens of Native Americans have been questioned or detained by U.S. Immigration and Customs Enforcement agents, even though Indigenous people can't be deported.

Elaine Miles

You may recognize Native American actress Elaine Miles from her roles in "Northern Exposure," "The Last of Us," and "Smoke Signals." She said ICE agents approached her last month near a bus stop in Redmond, Washington, asking for her ID, and then said it looked fake.

"I kept telling them that it was from a federally recognized tribe in eastern Oregon. It's a federal ID, and only enrolled members can get those because they kept saying anybody could make them," Miles said.

Also in November, Leticia Jacobo, an Indigenous woman, was set to be released from an Iowa jail after serving time for a traffic violation. Her aunt, Maria Nunez, said things went downhill when the family tried to pick her up.

"They stated to her that she was to be released at midnight, but was not going to be released because she had an ICE detention hold on her," Nunez said.

The 24-year-old woman grew up in Arizona's Salt River Pima-Maricopa Indian Community.

"She had already had the jumpsuit on to be deported," Nunez said. "She was already recognized as an immigrant when she was a Native American."

Nunez said she had her tribal ID with her, and jail workers admitted they made a mistake before sending Jacobo home with her mother.

"One of the staff there made an error and mistook her for a different inmate that had the same last name," Jacobo said.

"This young lady went through a traumatic experience that she'll never forget," Jason Salsman said.

Jason Salsman is a spokesperson with the Muscogee Creek Nation and said Native Americans can't be deported under the Citizenship Act of 1924.

"In 1924, Congress did guarantee birthright citizenship to all Native Americans born in the United States," Salsman said.

The Native American Rights Fund also sent CBS News Texas a statement:

"Since 1924, federal law has guaranteed Native American citizenship. Native Americans born in the U.S. are U.S. citizens, and ICE cannot detain or deport them for immigration violations. If Native American citizens are stopped by ICE, they have the right to remain silent and refuse consent to any search. If they are concerned, they also may want to carry Tribal ID, state ID, driver's license, certificate of degree of Indian blood, or other forms of identification (such as a U.S. passport) as evidence of citizenship. Also, if ICE knocks on the door of one's home, opening the door is not required unless there is a valid warrant signed by a judge."

"Those rights are there," said Salsman."Know them, remember them, and keep your tribal identification on you."

ICE responds to allegations

ICE sent the following statements to CBS News Texas:

"Leticia Jacobo:

"FALSE. ICE never lodged a detainer for this woman. Just like she was never in ICE custody. Stop with the smears and the lies."

"Elaine Miles:

"On November 3, ICE was conducting targeted immigration enforcement traffic stops and encountered Elaine Miles driving a vehicle registered to an illegal alien. She was never arrested. Any claim that ICE questioned her tribal ID are FALSE. ICE agents are trained to recognize tribal IDs and accept them as proof of status."

"Allegations that DHS law enforcement officers engage in "racial profiling" are disgusting, reckless, and categorically FALSE. What makes someone a target for immigration enforcement is if they are illegally in the U.S. — NOT their skin color, race, or ethnicity. Under the Fourth Amendment of the U.S. Constitution, DHS law enforcement uses "reasonable suspicion" to make arrests. If and when we do encounter individuals subject to arrest, our law enforcement is trained to ask a series of well-determined questions to determine status and removability."

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