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ACR 185 - Oppose

Assembly Member Battin's reference to enforcement of the Indian Civil Rights Act (ICRA) is a sham. IF the people of California could enforce that Act, we would all be a lot better off. But we cannot. The Supreme Court, in Santa Clara Pueblo v. Martinez, has held that the only way that any provision of the ICRA can be enforced is by petition for a writ of habeas corpus. Habeas corpus is not available to anyone who is not in custody. Thus, there are all kinds of purported rights set forth in the ICRA that cannot possibly be enforced because there is no way that the habeas corpus procedure can apply to them. It is simply a lie to say that the ICRA "ensures the civil rights of Indian people”.

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