It is accorded to presence. If you are in this country, you are entitled to due process. And if anyone thinks, well, maybe that's not, that shouldn't be true. Let's remember that Native Americans were not citizens of this country until 1921. The 14th Amendment, passed in 1865, 1867 or was ratified in 67, passed in 1865. What that means is that if citizen, if citizens, citizenship was the only thing that entitled you to due process. (38:06–38:12)
CLAIM
Asserts that Native Americans were not recognized as U.S. citizens until 1921.
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