A Sovereign Struggle: The Mashpee Wampanoag’s Enduring Fight for Land and Identity
MASHPEE, Mass. – Four centuries after their ancestors welcomed English Pilgrims to these shores, forever etching their story into the American narrative, the Mashpee Wampanoag Tribe finds itself in an unending battle for something seemingly fundamental: a secure homeland. Despite receiving federal recognition in 2007, a hard-won victory that affirmed their sovereign status, the tribe has been locked in a protracted, Kafkaesque struggle over the very land meant to underpin that sovereignty. It’s a fight that highlights the precarious nature of tribal rights in the United States and the enduring legacy of colonial power.
For the Mashpee Wampanoag, the land is not merely real estate; it is the repository of their history, culture, and identity. It is where their ancestors lived, hunted, fished, and buried their dead for thousands of years. Yet, the question of whether their ancestral lands can be held in trust by the federal government – a critical component of tribal sovereignty that protects land from state taxation and allows for self-governance and economic development – remains agonizingly unresolved.
The Long Road to Recognition
The Mashpee Wampanoag’s journey to federal recognition was itself a testament to their resilience. For generations, they maintained their distinct identity, culture, and governance structure despite relentless pressures to assimilate. Their history is inextricably linked to the earliest moments of American colonization. They are the "People of the First Light," the very tribe that famously aided the Pilgrims at Plymouth in 1620, sharing knowledge that enabled the colonists to survive, an act of generosity commemorated annually as Thanksgiving.
But this shared history did not translate into lasting respect for their sovereignty. Over centuries, their lands were systematically diminished, their rights eroded. It wasn’t until 1976 that the tribe formally petitioned the U.S. government for federal acknowledgment, a process that proved arduous and painstaking. It required extensive historical documentation, genealogical research, and proof of continuous community and political authority.
Finally, on May 24, 2007, after 31 years of tireless advocacy, the Mashpee Wampanoag Tribe received federal recognition. It was a momentous occasion, celebrated with tears and dancing. "This is a great day for our ancestors, a great day for our children, and a great day for the Mashpee Wampanoag Tribe," then-Chairman Glenn Marshall declared, his voice thick with emotion. This recognition meant the tribe was officially acknowledged as a sovereign nation with a government-to-government relationship with the United States, eligible for federal programs and, crucially, the right to have land taken into trust.
The Promise of Land, and the Casino Factor
With recognition came the opportunity for economic self-sufficiency, a cornerstone of modern tribal sovereignty. Like many tribes, the Mashpee Wampanoag saw gaming as a viable path to prosperity, a way to fund essential services like healthcare, education, and housing for their members. They envisioned the First Light Resort & Casino in Taunton, Massachusetts, a project that promised thousands of jobs and millions in revenue, both for the tribe and the surrounding communities.
To build the casino and secure their future, the tribe needed its lands taken into federal trust. In 2015, the Obama administration’s Department of the Interior took approximately 321 acres of land in Mashpee and Taunton into trust for the tribe. This move was celebrated as the fulfillment of the promise of recognition, allowing the tribe to establish a sovereign land base. Construction on the casino began, and hope soared.
The Carcieri Cloud: A Legal Precedent Unleashed
However, a legal precedent, largely overlooked by the general public but a Sword of Damocles hanging over many newly recognized tribes, soon cast a long shadow over the Mashpee’s triumph. In 2009, the U.S. Supreme Court issued its ruling in Carcieri v. Salazar. The case centered on the Indian Reorganization Act (IRA) of 1934, a landmark piece of New Deal legislation designed to reverse the disastrous policies of forced assimilation and allot tribal lands. The IRA authorized the Secretary of the Interior to take land into trust "for the benefit of any recognized Indian tribe now under federal jurisdiction."
The Carcieri decision interpreted the phrase "now under federal jurisdiction" to mean only those tribes that were under federal jurisdiction in 1934. This seemingly innocuous phrase had devastating implications for tribes recognized after 1934, including the Mashpee Wampanoag. If a tribe wasn’t federally recognized in 1934, the Interior Department’s authority to take land into trust for them became legally questionable.
Immediately, opponents of the Mashpee casino project, particularly local residents and competing casino interests, seized on Carcieri. They filed a lawsuit, Littlefield v. Mashpee Wampanoag Indian Tribe, arguing that since the Mashpee Wampanoag were not federally recognized until 2007, the Interior Department lacked the authority to take their land into trust under the IRA.
In 2016, the U.S. District Court for the District of Columbia sided with the plaintiffs, ruling that the Interior Department erred in taking the land into trust for the Mashpee. This decision sent shockwaves through the tribe. The department was ordered to reconsider its decision, effectively revoking the tribe’s land-in-trust status.
A Cruel Twist of Fate: The Trump Administration’s Reversal
The legal battle continued, with the tribe and the Interior Department appealing the District Court’s ruling. But then, in March 2020, during the height of the COVID-19 pandemic, a devastating blow landed. The Trump administration’s Department of the Interior, under Secretary David Bernhardt, issued a stunning order. It reversed the Obama-era decision and formally announced that the Mashpee Wampanoag’s reservation would be "disestablished" and their lands removed from trust status.
The order was delivered with chilling swiftness, stripping the tribe of its sovereign land base, a move unprecedented in modern history. Chairman Cedric Cromwell, who led the tribe at the time, called it "a cruel and unnecessary act of aggression," stating, "Today’s action was not only a blow to our Tribe, but to all of Indian Country." The move was seen by many as a politically motivated attack, driven by anti-tribal sentiment and the interests of powerful gaming rivals.
The implications were profound. Without land in trust, the tribe’s ability to self-govern was severely hampered. Their casino project, already halted, faced an uncertain future. Even more critically, the decision threatened to invalidate tribal housing, healthcare facilities, and other essential services built on the land. It cast a shadow of existential uncertainty over the entire community.
The Fight Continues: Courts and Congress
In response to this unprecedented action, the Mashpee Wampanoag immediately returned to the courts. They filed a lawsuit challenging the Interior Department’s decision, arguing it was arbitrary and capricious. In June 2020, a federal judge provided a glimmer of hope, ruling that the Trump administration’s disestablishment order was indeed "arbitrary and capricious" and sending the decision back to the Interior Department for further review. This was a partial victory, preventing the immediate physical removal of their reservation status, but it did not fully resolve the underlying Carcieri issue.
Recognizing that a permanent solution likely wouldn’t come from the courts or administrative actions alone, the tribe redoubled its efforts on Capitol Hill. They have been staunch advocates for legislative fixes, particularly the "Mashpee Wampanoag Tribe Reservation Reaffirmation Act" (HR 312 in the House, S 287 in the Senate). This bipartisan bill, if passed, would legislatively affirm the tribe’s reservation, sidestepping the Carcieri ruling and providing a permanent land base.
The bill has garnered significant support, passing the House of Representatives multiple times with strong bipartisan backing. Yet, it has repeatedly stalled in the Senate, facing opposition from a small but determined group of senators and powerful lobbying interests.
The Human Cost of Uncertainty
Beyond the legal briefs and legislative maneuvering, the ongoing uncertainty has taken a heavy toll on the Mashpee Wampanoag people. "Our elders, our children, our entire community lives with this constant anxiety," says Chairman Brian Weeden, who took the helm after Cromwell. "How can you plan for the future when your very homeland is under threat?"
The inability to fully develop their economy, provide stable housing, and expand critical services due to the land-in-trust limbo directly impacts tribal members’ well-being. It’s a modern form of disempowerment, forcing a sovereign nation to beg for what should be its inherent right.
A Broader Implication for Indian Country
The Mashpee Wampanoag’s struggle is not an isolated incident. It serves as a stark reminder of the fragility of tribal sovereignty and the ongoing need for robust legal and legislative protections for Native American tribes. The Carcieri decision continues to impact other tribes recognized after 1934, creating a two-tiered system where some tribes face significant hurdles in establishing a secure land base.
For the Mashpee Wampanoag, the fight for their homeland is more than just a legal battle; it is a spiritual imperative. Their ancestors walked this land for millennia, nurturing it, and being sustained by it. Their resilience, forged over centuries of adversity, remains their greatest strength. As the tribe continues to press its case in courts and in Congress, they do so not just for themselves, but for the principle of self-determination for all Native peoples, hoping that one day, the promise of sovereignty will truly mean a secure home for the People of the First Light.
The sun continues to rise over Cape Cod, just as it has for the Wampanoag for thousands of years. Their enduring presence is a testament to their strength, but their ongoing struggle for their ancestral lands is a stark reminder that for America’s First People, the journey towards true justice and sovereignty is far from over.
