What the New DEI Executive Orders Mean for Tribal Nations and Native Programs

By Jaime Cuevas, Jr. | Related Practice: Native American Law

In light of recent federal actions impacting diversity, equity, and inclusion (DEI) programs, it is critical to understand both the implications and limitations of these changes for Tribal Nations, Native organizations, and programs administered under federal trust and treaty obligations.

On January 20, 2025, President Trump issued Executive Order (EO) 14151, Ending Radical and Wasteful Government DEI Programs and Preferencing, and EO 14168, Defending Women from Gender Ideology Extremism and Restoring Biological Truth to the Federal Government. These orders rescind several prior equity-related EOs, creating uncertainty for federal agencies, contractors, and recipients of federal funding.

However, for Tribal Nations and Native programs, Secretary of the Interior Order No. 3416 makes it clear: these new EOs do not eliminate or alter obligations that arise from independent statutory, treaty, and trust responsibilities. Specifically, the Secretary reaffirmed that the Department of the Interior and its bureaus must continue to fulfill their legal duties to Tribal Nations and the Native Hawaiian Community, unaffected by the rescinded DEI-related directives. The full text of Order No. 3416 can be accessed here.

As we recently outlined here, employers—both public and private—should assess how these new policies interact with existing legal frameworks. The same holds true in Indian Country, where distinct legal obligations remain in place. For Tribes, Tribal enterprises, and organizations working within Indigenous legal frameworks, understanding these legal nuances is essential.

Our team remains engaged in monitoring these developments and advising clients on compliance, policy adjustments, and advocacy strategies. If you have questions about how these federal changes may impact Tribal or Native-focused programs, feel free to reach out.