Principal Chief David Hill signed an executive order Aug. 28 requiring the Muscogee Nation Citizenship Office to “not issue citizenship cards or any form of membership identification cards” to Freedmen applicants until the nation reviews and amends its laws and regulations to comply with a Muscogee Nation Supreme Court order.
That court order, issued in July, required the nation’s citizenship office to admit the descendants of Muscogee Freedmen as citizens of the sovereign tribal nation, but Thursday’s executive order makes clear the tribe will not immediately admit Freedmen as citizens. However, Hill did indicate his administration intends to implement the order eventually.
“All departments are hereby directed to maintain the status quo in daily operations by continuing to follow the established policies and procedures for services they provide and, also, such department heads should begin reviewing such policies and procedures to propose necessary amendments to be consistent with the order,” Hill wrote. “When the necessary reviews are complete, we will follow the normal processes established by the executive branch to review and approve prior to setting forth the adoption of changes. Where necessary changes require (Muscogee) National Council approval, each department will submit those changes to the Office of the Principal Chief, in accordance with established procedures, and the principal chief will submit the changes to the National Council for its review and approval.”
Hill’s order specifically directs the citizenship office to “continue accepting applications from Freedmen descendent applicants, but not issue citizenship cards or any form of membership identification cards to such persons” while the review is ongoing. The office is also directed to continue its normal processing of applications from “new Mvskoke citizens,” an indication the office will continue to issue new memberships to people who are “Creek by blood.”
Since the next Muscogee Nation Council session is scheduled for Sept. 27, it seems unlikely the Muscogee Nation’s citizenship laws will be updated before the Sept. 9 registration deadline for the tribe’s Sept. 20 election date. Attorneys representing the descendants of Muscogee Freedmen Rhonda Grayson and Jeff Kennedy filed a motion for contempt Aug. 27, arguing the nation had ignored the order by failing to enroll their clients as citizens in an attempt to prevent them from voting in 2025.
“To be clear: the citizenship board’s inaction threatens to rob Ms. Grayson and Mr. Kennedy of their opportunity to cast a vote in the first election in this nation for which they are eligible,” attorneys Jana Knott, Damario Solomon-Simmons and David Riggs wrote. “This court should not countenance such an unjust result. Ms. Grayson and Mr. Kennedy respectfully submit that this court should hold the citizenship board in contempt and order it to issue citizenship cards to Ms. Grayson and Mr. Kennedy immediately.”
The Muscogee Nation Supreme Court denied the motion the next day — the same day Hill’s executive order was released — finding the citizenship board was entitled to a “reasonable amount of time” to change its policies and indicating Freedmen were not entitled to enrollment before the election.
“Neither this court’s order and opinion, nor its subsequent order denying the petition for rehearing directed the [citizenship board] to process the respondents’ citizenship applications by a date-certain, nor did it guarantee this task would be completed in time for respondent (or other similarly situated applicants) to participate in the 2025 Muscogee Nation election cycle,” the court wrote. “This court understands the respondents’ excitement to participate in official Mvskoke exercises of citizenship, but it also understands that its decision represents significant change in the [citizenship board’s] policies and procedures, and that may take a reasonable amount of time to establish appropriate changes to the [board’s] internal policies in order to fairly and lawfully process respondents’ (and other similarly situated applicant’s) citizenship applications.”
In a statement, Hill criticized the Muscogee Supreme Court’s decision on Freedmen citizenship as exceeding the court’s authority, but he said the nation would begin the process of implementing the court’s decision.
The Muscogee (Creek) Nation Supreme Court has issued a broad decision regarding the Treaty of 1866 and citizenship for Freedmen descendants. The court held that the treaty remains binding and that references to ‘by blood’ citizenship in our laws are void.
This decision has far-reaching implications across many parts of our government, not only for citizenship but also for how our constitution and laws are interpreted. While I respect the court, I must also point out that in striking language from our constitution and laws, the court exceeded its proper authority. The power to amend our constitution rests with the people and the (Muscogee) National Council — not with the judiciary.
However, my responsibility as principal chief is to preserve stability and ensure we move forward in a careful and lawful way. Even when another branch oversteps, it is my duty to keep our government steady, to avoid disruption, and to protect the integrity of our nation’s institutions.
Today, I am issuing Executive Order 25-05, which memorializes in writing previous discussions I have had with the citizenship office providing direction for that office to continue accepting Freedmen descendants’ applications, but that no new citizenship cards will be issued until our laws and policies are updated to reflect the court’s ruling and to ensure that the processing of all applications will be completed in a fair, objective, and timely manner. In the meantime, all departments will continue daily operations while reviewing their policies for necessary changes.
This will take time. Implementing the court’s order requires new standards and processes that are consistent, fair, and respectful of our sovereignty. We will work with the national council and all departments of this nation’s government to ensure the changes are done correctly and with the stability our nation deserves.
I want to be clear: this is not about politics, it is about the rule of law. We are committed to protecting the integrity of our government and the rights of all our citizens.
A contact for Solomon-Simmons did not respond to a request for comment before the publication of this article.
Read the Muscogee Freedmen executive order
