The reservation and its people are recognized as Native American by the state of New York but it has not received federal recognition from the US Bureau of Indian Affairs. However, the Unkechaug established that it met the criteria of a Tribe as set out in the Supreme Court case Montoya v. United States, 180 U.S. 261, 266 (1901). The Unkechaug proved beyond a preponderance of the evidence that they met the criteria of a common law definition of a tribe consisting of the following: A body of Indians of the same or similar race; United in a community under one leadership or government; Inhabiting a particular though sometimes ill-defined territory. In a 2009 case, federal District Judge Kiyo Matsumoto held that the Unkechaug satisfied all 3 Montoya criteria thereby entitling the Unkechaug to Sovereign Immunity from lawsuits because they are a federal Tribe under federal common law.
The reservation and its people are recognized as Native American by the state of New York but it has not received federal recognition from the US Bureau of Indian Affairs. However, the Unkechaug established that it met the criteria of a Tribe as set out in the Supreme Court case Montoya v. United States, 180 U.S. 261, 266 (1901). The Unkechaug proved beyond a preponderance of the evidence that they met the criteria of a common law definition of a tribe consisting of the following: A body of Indians of the same or similar race; United in a community under one leadership or government; Inhabiting a particular though sometimes ill-defined territory. In a 2009 case, federal District Judge Kiyo Matsumoto held that the Unkechaug satisfied all 3 Montoya criteria thereby entitling the Unkechaug to Sovereign Immunity from lawsuits because they are a federal Tribe under federal common law.