Several federal agencies have confirmed that Native American programs will be exempt from President Trump’s executive order that targets diversity, equity, and inclusion (DEI) initiatives.

This decision is meaningful as the U.S. government maintains numerous treaties with over 500 tribal nations, many of which include commitments related to race, culture, and equity for Native Americans and Alaska Natives.

Federal Agencies Respond

“It would be unreasonable to read it as applying to (Native Americans and Alaska Natives) given that Tribes are separate sovereigns.”

The U.S. Small Business Administration (SBA) announced on Tuesday that the executive order does not impact services provided to Indigenous communities, according to Tribal Business News. SBA General Counsel Wendell Davis issued a memo stating the order does not apply to agency programs serving Native Americans, clarifying to SBA Chief of Staff Wesley Coopersmith after a request from the Native American Contractors Association.

The Department of Health and Human Services (HHS) issued a similar notice shortly after Trump signed the anti-DEI order in January. HHS stated the order does not apply to Indian Health Service programs and later confirmed it doesn’t affect other federal programs serving indigenous populations.

The Department of the Interior has also stated that the executive orders do not affect its legal obligations to tribes.

Background on the Executive Order

Trump’s executive order, enacted upon taking office, rescinded decades of federal diversity and affirmative action practices. It called for the “termination of all discriminatory programs, including illegal DEI and ‘diversity, equity, inclusion, and accessibility’ (DEIA) mandates, policies, programs, preferences, and activities in the Federal Government.”

However, numerous treaties and agreements mandate the federal government to provide health care and other services to Indigenous communities. The SBA, for instance, manages programs supporting Native American entrepreneurs and businesses.

Other Actions Affecting Native Americans

Despite these exemptions, the Trump administration has eliminated other programs for native Americans. Last month, federal funding was rescinded for Native American boarding school research, education, and preservation from the National Endowment for the Humanities. Additionally, the Department of Defense removed and than restored materials related to the Navajo Code Talkers on its website, following public criticism.