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Santee Sioux Indian Reservation, Northeast Nebraska - Christmas for most of us is a time of celebration, of families and warm memories. But Christmas at the Santee Sioux reservation is haunted with sad memories. Memories that should never return for any tribe.

In 1862, a corrupt federal Indian agent refused to distribute food and other provisions owed to starving Santee Sioux families under their treaty. The federal government would not intercede. An argument over some "stolen" food by hungry Sioux led to violence, and U.S. troops were brought in. As a result of the tribe’s desperate attempt to feed and protect their families, 38 Santee Sioux Indians were executed in a mass hanging during the Christmas season in Mankato, Minnesota.

The following year, Congress revoked all treaties with the Santee Sioux and we were exiled from Minnesota to South Dakota. Over 300 Santee Sioux died there, mostly from disease and malnutrition. In 1866 we were uprooted again and relocated to Nebraska.

Tragically, as we approach this Christmas, we face the aftermath of recent events similar to those of 1862. Officers of the federal government have been deliberately starving the Santee Sioux Tribe, as they did in 1862, of the economic resources needed to feed, clothe and care for our families. The Department of Justice (DOJ), has seized all available non-trust assets of the Santee Sioux Tribe to pay fines imposed on our tribe for operating Class III gaming without a tribal-state compact. (To date we have been unable to obtain such a compact with the state of Nebraska, and the state refuses to consent to a judicial resolution of this issue). We have had to appeal to our brother and sister tribes this season for assistance with food and clothing for our elders and children.

The DOJ seized nearly everything, including the tribal grocery store account, the bake sale proceeds for our elder care program, and even funds from a tribal Head Start program for child education. The Justice Department also initiated an unsuccessful federal trial to imprison our tribal council members, and unilaterally blocked the processing of federal grant applications submitted by the tribe for things such as law enforcement and tribal courts.

Also brutally devastating has been the Justice Department’s repeated refusal of our urgent requests to stop seizing loans, grants, and other assets that the tribe could acquire for non-gaming economic development. As a result, for over two years no person, bank or other institution will do business with the Santee Sioux Tribe for fear that any assets devoted to tribal projects will be seized by the DOJ to pay fines.

In an effort to gain relief from this life-threatening stranglehold, the Santee Sioux tribe, acting on the express advice and support of the National Indian Gaming Commission (NIGC), ceased its class III gaming, and began offering Class II pull-tab dispensers and Class II paper bingo. The NIGC responded by promptly rescinding its closure order that had been issued against the tribe.

The Justice Department, however, refused to relent in its pursuit of sanctions against us. Instead of deferring to the National Indian Gaming Commission that Congress set up to oversee Class II tribal gaming, DOJ argued in federal court that the tribe should continue to face sanctions. Now that the federal judge has refused DOJ’s claims and has ruled in our favor, the Justice Department must release the Santee Sioux from all sanctions.

One of Nebraska’s leading newspapers, The Lincoln Journal Star has published an editorial this week saying the "judge's ruling last week in favor of the Santee Sioux in their battle against the federal government should be cheered by those who support fair play." It went on to underscore that the "ruling raises new questions about why the government persists in its crusade against the small tribe" and called "to bring the long battle to an end."

In recent days the tribe has received oral assurances from the U.S. Attorney, Mike Heavican, that the Justice Department will cease all enforcement and collection activities against our tribe while our case is pending on appeal. We are encouraged by these statements, but we need more than a just a cessation of enforcement to remedy the years of oppression on the Santee Sioux Reservation.

During this season of Christmas and Hanukkah, the Santee Sioux has one prayer. A prayer for justice and remediation. We urge that the Justice Department take up its true trust responsibilities and permanently remove the devastating sanctions still levied against our tribe.

If you live in Nebraska, call your state legislator and urge them to support the bill pending in the Nebraska Legislature that will allow voters to amend the Nebraska constitution to expressly permit Class III gaming on tribal lands.

Those who have stepped forward to support the Santee Sioux tribe, especially those who have supported us since the beginning of this struggle, have our heartfelt thanks. It is our hope that, with the support of our brothers and sisters inside and outside of Indian country, we can convince the federal government to change the policies and practices it has inflicted on the Santee Sioux Tribe since 1862. So that no tribe should ever suffer these injustices again and that every tribe will have the right and dignity of self-reliance.