Tribal Citizens Descended from Slaves Face Disparate Treatment

Despite recent gains, barriers remain for Freedmen descendants seeking access to Native American services

Published on Feb. 27, 2026

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Tribal citizens whose ancestors were enslaved by citizens of several tribal nations in Oklahoma are starting to see more inclusive access to Native American health care, education and other social services, but barriers remain. Federal and tribal agencies have worked in recent years to clarify eligibility requirements and train on-the-ground staff, but a report by the Government Accountability Office shows there is more work to be done when it comes to the treatment of Freedmen descendants.

Why it matters

The COVID-19 pandemic helped to lift the veil on what longtime activist Marilyn Vann called disparate treatment of the descendants. High-profile cases emerged in which Freedmen descendants were denied vaccines and financial aid while the virus was surging, highlighting the ongoing challenges they face in accessing the services and benefits they are entitled to as tribal citizens.

The details

The Cherokee, Seminole, Muscogee, Chickasaw and Choctaw nations are among those whose citizens enslaved people in the 19th century. Following the Civil War, each signed treaties with the United States that abolished slavery and guaranteed tribal citizenship to Freedmen and their descendants. Today, only the Cherokee Nation extends full citizenship to Freedmen descendants equal to 'by blood' citizens under tribal law. The Seminole nation allows descendants to vote and sit on the general council but restricts their access to certain benefits of tribal citizenship. Freedmen descendants of the Muscogee, Chickasaw and Choctaw nations currently are denied tribal citizenship altogether.

  • In 2024, the U.S. Bureau of Indian Education issued a letter clarifying that 'eligible Indian students' include all citizens of federally recognized tribes and that tribal enrollment cards are enough to prove eligibility.
  • Between 2018 and 2020, Freedmen citizen Mark McClain conducted an informal audit of Indian Health Service clinics around Oklahoma and found that six clinics asked for proof of 'Indian blood' before establishing him as a patient.
  • In 2021, after a review of its own policies, the Indian Health Service clarified that Freedmen descendants need only prove their citizenship in a federally recognized tribe to receive IHS care and provided training to staff on properly assessing eligibility.
  • Last year, the Muscogee Nation Supreme Court struck down a constitutional requirement adopted in the 1970s that required citizens to be Muscogee 'by blood', paving the way for Freedmen descendants to enroll in the tribe.

The players

Marilyn Vann

A longtime activist who pointed to high-profile cases in which Freedmen descendants were denied vaccines and financial aid during the COVID-19 pandemic, highlighting the ongoing disparate treatment they face.

John Beecham

A Freedman citizen of the Cherokee Nation who was asked to provide proof of 'Indian blood' when applying to Haskell Indian Nations University, an experience he found unfair and unsettling.

Mark McClain

A Freedmen citizen of the Cherokee Nation who conducted an informal audit of Indian Health Service clinics around Oklahoma and found that six clinics asked for proof of 'Indian blood' before establishing him as a patient.

Loretta Osborne-Sampson

A representative of one of two Seminole Freedmen bands on the tribe's general council, who said many in her community live in poverty and struggle to afford safe housing while their tribe effectively locks them out of assistance.

Chuck Hoskin

The Principal Chief of the Cherokee Nation, who has called slavery a 'moral stain' on his tribe's history and expressed optimism that other tribes will eventually recognize their Freedmen descendants.

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What they’re saying

“Certainly there are more doors open now, but that doesn't undo the harm. There's a chilling effect that prevents many Freedmen descendants from seeking out services they're entitled to.”

— Marilyn Vann, Longtime activist

“It felt wrong, like I was being treated unfairly.”

— John Beecham, Freedman citizen of the Cherokee Nation

“Our hope is that our own tribe can have a heart and recognize that we're not going anywhere.”

— Loretta Osborne-Sampson, Representative of one of two Seminole Freedmen bands on the tribe's general council

“(Freedmen descendants) want to be seen and they want their story to be understood after it's been suppressed for many generations. That's going to take time.”

— Chuck Hoskin, Principal Chief of the Cherokee Nation

What’s next

The Muscogee Nation Supreme Court's ruling last year striking down the requirement that citizens be Muscogee 'by blood' has not yet been enforced. Principal Chief David Hill said the tribe's national council will need to adopt new laws and potentially amend the constitution before citizenship can be extended to Freedmen descendants.

The takeaway

This issue highlights the ongoing challenges and disparate treatment faced by tribal citizens descended from enslaved people, even as some tribes take steps to be more inclusive. It underscores the need for continued efforts to address this legacy of discrimination and ensure equal access to the rights and benefits of tribal citizenship for all.