Tonto Dinero

PRELIMINARY CLASS-ACTION STATEMENT OF CLAIM

and

NOTICE OF GRIEVANCE & RECORD OF SURVIVAL

Title:
A Record of Survival: Historical and Ongoing Violations Against Indigenous Black Copper-Colored Peoples of the Americas

Claimants / Proposed Class
Indigenous Black, copper-colored peoples of the Americas, including but not limited to Afro-Indigenous, Black Indian, Freedmen, Maroon, Creole and mixed-heritage descendants whose Indigenous nationality was erased, reclassified, or denied by colonial, federal, state, and tribal authorities.

Respondents / Defendants (as applicable)
1. United States Government, acting through Congress, the Executive Branch, federal courts, and federal agencies (including but not limited to the Department of the Interior/BIA, HUD, DOT, DOE, HHS).
2. State and local governments that adopted and enforced racial reclassification and dispossession policies.
3. Federally funded tribal governments and entities that excluded or disenrolled Black Indigenous descendants while receiving U.S. financial assistance.

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I. FACTUAL BASIS
1. Paper Genocide & Racial Reclassification
For centuries, Indigenous Black peoples were reclassified from Indian to Colored, Negro, and later “Black/African American,” severing them from tribal status, land, and treaty protections while their identity and symbols were transferred to others.
2. Disenrollment & Exclusion
Federally funded tribes and agencies engaged in systematic disenrollment and exclusion of Black Indigenous members—often under pretexts of “blood quantum,” “lineal descent,” or “lack of documentation”—while accepting federal dollars earmarked for Indigenous peoples.
3. Land Theft & Infrastructure Violence
Sacred, communal, and family lands were taken through allotment, fraudulent titles, eminent domain, and infrastructure projects (highways, dams, industrial zones), destroying Black Indigenous towns and wealth while benefiting non-Indigenous populations.
4. Cultural Erasure & Forced Assimilation
Policies including boarding schools, language bans, removal of children, and erasure of Indigenous categories from censuses, records, and education systems have inflicted multi-generational trauma and the loss of language, ceremony, history, and political voice.
5. Ongoing Discrimination Under Federally Funded Programs
Despite Title VI of the Civil Rights Act of 1964 and 28 CFR § 42.402, Black Indigenous peoples continue to face discrimination in housing, education, land use, health care, and access to Indigenous-specific programs financed with federal funds.

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II. LEGAL AND MORAL GROUNDS

The foregoing conduct constitutes ongoing violations of:
• U.S. Constitutional guarantees, including equal protection and due process.
• Civil Rights Act of 1964 (Title VI) and related federal regulations, including 28 CFR § 42.402 (prohibiting race discrimination in federally funded programs).
• Treaty obligations and trust responsibilities owed to Indigenous peoples.
• International human rights instruments, including the U.N. Declaration on the Rights of Indigenous Peoples (UNDRIP) and the Convention on the Prevention and Punishment of the Crime of Genocide insofar as cultural and identity destruction is concerned.

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III. RELIEF SOUGHT (SUMMARY)

The Class respectfully demands, at minimum:
1. Formal acknowledgment and public record of paper genocide, racial reclassification, and disenrollment practices targeting Indigenous Black copper-colored peoples.
2. Restoration and/or recognition of Indigenous status and citizenship, without race-based or discriminatory blood-quantum barriers.
3. Restitution and reparations, including land return where possible, long-term land use rights, and financial compensation for documented losses and harms.
4. Policy and legal reforms in federal, state, and tribal law to permanently prohibit discriminatory disenrollment and to enforce Title VI protections for Black Indigenous descendants.
5. Independent truth and reconciliation processes, under domestic and international oversight, to document testimonies, historical records, and community-defined remedies.

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IV. NOTICE

This Statement of Claim and Grievance is submitted as a formal record of survival and objection to historical and ongoing violations. It is intended for filing and notification with:
• Appropriate U.S. federal courts and agencies
• Relevant state and local authorities
• The United Nations Permanent Forum on Indigenous Issues and other competent international bodies

This document is prepared for educational, advocacy, and organizing purposes and does not replace individualized legal advice.

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