Sophia Marjanovic, a citizen of the Fort Peck Tribes, shares her story of survival on the steps of the U.S. Capitol as Sen. Mazie Hirono (D-Hawaii), left, and others listen during an event for missing and murdered Indigenous women on September 24, 2019. Photo by Indianz.Com (CC BY-NC-SA 4.0)

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'Does the White House support VAWA?': Trump officials won't say

Tuesday, September 24, 2019

By Acee Agoyo

WASHINGTON, DC -- The Trump administration's commitment to Indian Country was tested on the steps of the U.S. Capitol here as two representatives of the White House refused to answer questions about expanding protections for Native women in the Violence Against Women Act.

At an event that drew Native women, Native lawmakers and other advocates, Tyler Fish, a citizen of the Cherokee Nation who serves as a senior policy advisor and tribal liaison at the White House, and Doug Hoelscher, a deputy assistant to President Donald Trump who serves as director of the White House Office of Intergovernmental Affairs, insisted that the Trump administration was committed to addressing issues like missing and murdered Indigenous women. They cited a series of roundtables and listening sessions as evidence of the attention and awareness being paid to the crisis at the highest levels of the federal government.

But both White House officials were unable to respond to a simple question that's been on the minds of many, both in Indian Country and on Capitol Hill.

"Does the White House support VAWA?" asked Sen. Mazie Hirono (D-Hawaii).

At the US Capitol on Tuesday, members of Congress and federal officials joined the National Caucus of Native American State Legislators in observing a moment of silence for missing and murdered Indigenous women. Honor song by Lance Fisher, Northern Cheyenne. #MMIW @ANA_ACFgov pic.twitter.com/aF7uqH78Hl
— indianz.com (@indianz) September 24, 2019

Hirono was among the key members of Congress who joined the National Caucus of Native American State Legislators in observing a moment of silence for missing and murdered Indigenous women at the U.S. Capitol on Tuesday morning. And she wasn't the only one who wanted to know why an update to the VAWA, one that expands protections for Native women, has stalled in Washington, D.C.

Minnesota State Rep. Mary Kunesh-Podein (D), a descendant of the Standing Rock Sioux Tribe, asked Hoelscher -- whom Fish described as his "boss" -- the very same question about VAWA following the conclusion of the event. She didn't receive a clear answer about the fate of legislation that recognizes tribal authority over non-Indians who commit sexual assaults against Native women, engage in trafficking and attack Native children and law enforcement.

"Without VAWA, it's just free range on reservations and there's no accountability," Kunesh-Podein told Indianz.Com of the need to reauthorize the law. "The perpetrators know that, and will focus on that and they will potentially go after our Native and Indigenous women."

"I reiterated that a number of times to him," Kunesh-Podein said of her conversation with Hoelscher on the steps of the U.S. Capitol.

Minnesota State Rep. Mary Kunesh-Podein (D), a descendant of the Standing Rock Sioux Tribe, greets White House officials Tyler Fish, left in ribbon shirt, and Doug Hoelscher, back to camera, on the steps of the U.S. Capitol following an event for missing and murdered Indigenous women on September 24, 2019. Photo by Indianz.Com (CC BY-NC-SA 4.0)

But Fish, who was detailed to his role at the White House from his position at the Department of the Interior just a couple of months ago, and Hoelscher, who's been on the job since the beginning of the Trump era, declined to comment when approached.

"We're not doing interviews today," Hoelscher told Indianz.Com as they were leaving the U.S. Capitol. Both he and Fish had given brief remarks at the #MMIW moment of silence.

To Hirono, who has been pushing for expanded protections for Native women since VAWA was last reauthorized in 2013, the silence from the Trump officials was deafening. She links the White House to the inaction on the legislation.

"Do you think Mitch McConnell would be holding this bill if the White House supported it?" Hirono told Indianz.Com, in reference to Sen. Mitch McConnell (R-Kentucky), the Republican leader of the U.S. Senate.

McConnell, a close ally of President Trump, has repeatedly refused to bring up legislation that he believes lacks bipartisan support. H.R.1585, the Violence Against Women Reauthorization Act, which expands tribal jurisdiction over non-Indians and takes first steps in responding to the #MMIW crisis and to victimization of urban Indians, is in limbo as a result.

Other Democrats also said the lack of Republican will in Washington was to blame for the failure of Congress to reauthorize VAWA for the first time in 25 years.

"We passed the Violence Against Women Act almost 200 days ago," Rep. T.J. Cox (D-California) said at the MMIW event.

"Mr. McConnell's office is right over there," Cox continued, pointing to the Senate side of the U.S. Capitol, "and he needs to hear that. This needs to be passed."

"One additional person missing is too many," added Cox, whose district is home to several tribes.

Tyler Fish, a senior policy advisor and tribal liaison at the White House, and Doug Hoelscher, a deputy assistant to President Donald Trump and director of the White House Office of Intergovernmental Affairs, are seen on the steps of the U.S. Capitol following an event for missing and murdered Indigenous women on September 24, 2019. Photo by Indianz.Com (CC BY-NC-SA 4.0)

Sen. Hirono was the first to bring up the Trump administration's position on VAWA after Fish and Hoelscher spoke at the event. Her query quickly drew approval among the crowd gathered at the U.S. Capitol, and it prompted several Native women and Native lawmakers, in addition to Minnesota State Rep. Kunesh-Podein, to seek further clarification from the White House officials.

"Don't we want to know that?" Hirono said of the White House's views. Several other women could be heard agreeing, saying "Yes."

But all of them walked away without getting a firm commitment. Despite their titles -- Hoelscher is the key liaison between tribal governments and the White House, and Fish works under him -- they told the Native advocates that they weren't in a position to talk about one of Indian Country's biggest legislative priorities.

Indian Country needs to hear "real promises from the White House to ensure they are really working hard on this," said Kunesh-Podein, whose bill to address the #MMIW crisis in Minnesota became law earlier this year. The Missing and Murdered Indigenous Women Task Force just held its first meeting last week, she noted.

A powerful moment on the Capitol Steps today as I joined in a moment of silence for Missing and Murdered Indigenous Women.

Thank you so much to all who organized this moving event. #MMIW pic.twitter.com/qUV6ntMzi7
— Senator Tina Smith (@SenTinaSmith) September 24, 2019

During their remarks, Fish and Hoelscher portrayed themselves as strongly aware of the #MMIW movement and of the need to address a wide range of public safety concerns in Indian Country.

"You have the White House here," said Fish, who is also of Muscogee (Creek) Nation ancestry.

Fish then issued what he said was a "call to action" in connection with the #MMIW crisis. "This requires the commitment of every single one of us," he said in reference to the Native lawmakers, members of Congress, tribal leaders and others who gathered on the steps of the U.S. Capitol.

Hoelscher added that he went to Alaska to attend one of the roundtables that has focused on #MMIW and public safety in Native communities. "It was really an important learning experience," he told the crowd. "I heard really personal stories."

Hoelscher also said that "President Trump is the first president to issue a proclamation recognizing missing and murdered Indigenous women," in reference to a May 3 declaration that was issued by the White House close to midnight on a Friday, drawing little attention as a result.

Indianz.Com on SoundCloud: "Does the White House support VAWA? Don't we want to know that?"

Since then, the Trump administration has attempted to draw more attention by holding roundtables and listening sessions around the country to discuss the #MMIW crisis and connected issues. But those efforts have not resulted in concrete actions, according to key members of Congress.

"Listening sessions are not enough," Rep. Ruben Gallego (D-Arizona), the chairman of the House Subcommittee for Indigenous Peoples of the United States, said at an oversight hearing on September 11, the same day Native women rallied at the U.S. Capitol to push for passage of VAWA and to seek further action for their missing and murdered loved ones.

"We need to know what is being done to streamline protocols, eliminate lag time, improve databases and combat apathy in our justice system when Indigenous people go missing," said Gallego.

"These are our brothers and sisters, whom we have a responsibility to protect," Gallego concluded.

“SOVEREIGNTY AND NATIVE WOMENS SAFETY”: “We know that VAWA keeps Native women safe,” says Rep. Deb Haaland (D-NM) at rally for Violence Against Women Act at US Capitol. @RepDebHaaland @NCAI1944 @niwrc #VAWA #MMIW pic.twitter.com/64DSCdWkxc
— indianz.com (@indianz) September 11, 2019

The 2013 version of VAWA included landmark provisions that recognize the inherent sovereignty of tribes to arrest, prosecute and sentence non-Indians who abuse their partners. The law was written to address high rates of victimization of Native women, accounting for statistics which show that most offenders are of another race.

"We know that VAWA helps keep Native women safe," Rep. Deb Haaland (D-New Mexico), a citizen of the Pueblo of Laguna who is one of the first two Native women in Congress, said at the rally on September 11.

But the law does not protect Native women from trafficking or sexual assaults, for example, and it doesn't cover crimes against children and tribal law enforcement. It does not address the crisis of missing and murdered Indigenous women or Native women living in urban areas either.

H.R.1585, the Violence Against Women Reauthorization Act, closes some of the gaps in protection by expanding tribal jurisdiction over non-Indians. The bill, which passed the Democratic-controlled U.S. House of Representatives on April 4, also takes first steps in responding to the #MMIW crisis and to victimization of urban Indians.

"Have the laws changed?" asked Darla Black, the vice president of the Oglala Sioux Tribe, after describing herself as a "victor" over domestic violence at the event earlier this month. "Nothing today has changed."