“Tribal college, that’s really where it started. It’s where my curiosity about the acts of Congress, legislation, and law began. All these things that were interconnected to my life, my family, my community, why things are the way they are,” says Ashley LaFriniere (Turtle Mountain Ojibwe), a 2023 graduate of the American Indian Law Center’s (AILC’s) annual Pre-Law Summer Institute (PLSI) in Albuquerque, New Mexico. Since 1967, the AILC has been conducting the PLSI, a free eight-week-long program that prepares American Indian and Alaskan Native students from across the United States for the rigors of law school. Taught by nationally prominent law school faculty and leaders, PLSI focuses on the unique methods of legal research, analysis, and writing.

Since its inception, PLSI has supported 58 cohorts and over 1,600 American Indian and Alaskan Native pre-law students from across the nation, from myriad backgrounds, and with various interests. Of those who attended PLSI and went on to law school, approxi­mately 90% successfully completed their first year and were eligible to return in their second year, signifying the preparedness of PLSI graduates. PLSI’s success lies in its original and continuing intent—teaching students sound legal education principles and not functioning as a political or cultural training ground. PLSI is not a space to change students’ personal views or values, but a program to support them and offer the tools to succeed in their legal education so they can pursue their own goals—because we need Native lawyers everywhere. PLSI does this by teaching the skills nec­essary for law school success and providing the space for students to practice those skills in two first-year law courses that rotate every year, including courses in civil procedure and property law, federal Indian law, and legal advocacy. By the end of the program, students complete midterms and finals, a legal memo, an appellate brief, and a moot court argument before a panel of three judges.

For nearly six decades, AILC has remained dedicated to providing robust training in the skills required to study law. Although PLSI has continued to support lawyers across the nation, there remains much work to be done for the inclusion of Native people within the legal profession. Moreover, with the risk of current cuts in federal funding that support American Indian and Alaskan Native education, the fear of losing programs like PLSI increases. Native advocacy and education are vital, and going from tribal college to law school can not only hone advocacy skills but underscore what is at stake for tribal communities so that graduates can serve in positions that enable them to create positive change now and in the future.

SPACES FOR STRENGTHENING ADVOCACY

Ashley LaFriniere graduated from Fond du Lac Tribal and Community College in Cloquet, Minnesota, and is just one of the many students who has attested to the resources and tools that PLSI has provided her as an extension of the education she received at a tribal college or university (TCU). When initially selecting a place to continue her education, LaFriniere chose a college that would support her academic journey and her Native identity. “When I walked on campus, it just felt so much different than other ones. I didn’t feel overwhelmed. I felt like I could take a deep breath,” she says. For LaFriniere, attending a tribal college was the first time that she was able to see Native people like herself as students, professors, subjects of course material, and in Native organizations with which the college partnered. “Tribal college really taught me how to organize and advocate in the community, and how to take care of the community and do your part,” she says. Above all, for LaFriniere, a TCU education enabled her to learn how to advocate for Native people and organizations by engaging and working with them so that she could understand what still needs to be done, and how she can help.

Similarly, Jasmine Neosh, a citizen of the Menominee Nation and a graduate of the College of Menominee Nation and PLSI, attests that going to a TCU led to a career in law. For Neosh, attending a TCU meant being in a place that not only centered Native academics and perspectives, but provided a space deeply immersed within her own community, and where the modern issues that Indian Country faces are understood. “There’s so many needs that Indian Country has, and I think we really just have to get into the mindset that the only people that can really take care of those problems is us,” states Neosh.

One of these problems was made clearly visible by the proposed Back 40 Mine project, an open pit metallic sulfide mine just 50 yards from the Menominee River in Lake Township, Michigan. Like many others in her community, Neosh pointed out that the project would cause horrific environmental impacts. According to the Wisconsin chapter of the Sierra Club, the proposed 750-foot-deep open pit mine would produce 70 million tons of acid-producing waste rock and milled tailings and consume 84 acres of land. The ordeal impressed upon her how vital environmental policy was in protecting those places and the land she calls home. This experi­ence, along with learning from the Native people around her at a TCU, enabled Neosh to build upon her own experience at PLSI.

A PATH TO LAW SCHOOL

The goal of TCUs is for tribes to uphold and integrate culture and tradition into their educational institutions. Their mission is one of tribal self-determination and service to their communities. Not only do TCUs have direct ties to their communities and cultures, but they are tribally chartered and at the center of nation-building and cultural preservation efforts. They are places for producing leaders who are both competent and capable of preserving and advancing the work of their Native predecessors whose mission was and remains service to the community.

Students who have attended TCUs are vital and necessary in all areas of the law. They are the ones who have been completely immersed and have seen and learned about the underlying issues and needs of Native communities. From environmental policy to education to the judicial system and beyond, Native people need to be actively engaged and included. That is because Native people exist everywhere. Moreover, there are statutory, treaty, and trust responsibilities to provide educational resources for the citizens of Native nations.

Indian Country needs Native attorneys in the tribal sector, courts, private law firms, the federal government, public and non­profit sectors, corporate law departments, and beyond. All the deci­sions made in these areas impact Native individuals and communities now and for generations to come. Indian Country needs Native people who understand directly policy impacts and who have the ability to recognize and accept the responsibility that comes with ensuring that tribal communities are protected in the future.

PLSI helps students recognize the knowledge, experience, and potential for growth that they have while supporting the students’ own goals for attending law school. Moreover, graduates from TCUs are needed in Indian Country and wanted in PLSI. The program supports and continually invests in Native lawyers to create a just and expansive future for Native people. Education, experience, and leadership are all essential elements that support tribal culture, sustenance, and sovereignty. So, as PLSI continues to invest in the current and future of American Indian and Alaskan Native leaders in law, it aims to advocate for the resources and funding to continue providing these services free to its students.

For Native nations to protect and preserve their traditional ways of living and their rights as sovereign entities, it is vital that there are lawyers in positions that make pivotal decisions and under­stand their impact and the stakes. This is why PLSI finds it crucial to support students from TCUs who have been directly immersed within Native communities. They understand what these commu­nities need and how best to support them.

“There’s so many needs that Indian Country has, and I think we really just have to get into the mindset that the only people that can really take care of those problems is us,” says Jasmine Neosh, a graduate of College of Menominee Nation and PLSI.

The eight-week summer program is just the beginning. Protecting the rights of sovereign Native nations and their way of life requires understanding of tribal, state, and federal laws, policies, and judicial cases, as these decisions and policies establish the framework and set precedents for all tribes and their citizens. PLSI aims to support individual students, along with the Native nations, organizations, and communities that their graduates will continue to serve after completion of law school.

OVERCOMING BARRIERS

According to the American Bar Association, out of the 1.3 million active lawyers in the United States, just 0.5% are Native American—a decline from the 0.6% reported a decade earlier. This statistic drastically underrepresents the 2.7% of the U.S. popula­tion that claims Native American heritage according to the Census Bureau. When looking into judicial representation specifically, out of 1,770 federal judgeships in 2024, there were only five federal judges who identified as Native American. Noted in that same year, there were no Native American justices in four of the five states with the largest populations of Native Americans per capita: Alaska, Montana, New Mexico, and South Dakota. On an even grander scale, there has never been a Native American judge on any federal appellate court in American history—including the U.S. Supreme Court—despite the high number of cases those courts hear related to federal Indian law. Increasing the number of Native Americans who are well-versed in the unique political status, legal principles, and rights and needs of tribal nations, as well as the number of Native individuals in judicial positions, is crucial because cases involving tribal communities and their rights are primarily heard in federal courts.

In every aspect of the justice system, it is vital that all people see themselves as participants, not just as recipients of its rulings. For PLSI especially, having this representation is essential. The program works to invest in future lawyers, sustain support throughout law school, and create a network of alumni who serve as advocates and leaders in various legal professions across the nation. For PLSI, the goal is to make these opportunities and services accessible to those who want and need them. Therefore, all the program’s services come at no cost to PLSI participants. To provide true representation, opportunities need to be accessible to all.

Financial inaccessibility is only one of the many barriers that prevent Native people from attending law school. Other barriers for Native students include navigating the application process, creating social networks for support, coping with the stress of leaving their communities, overcoming feelings of interiority or alienation, and transitioning into an institution that may not offer direct support for Native students. These are obstacles that Native lawyers and professionals continue to struggle with. Helping students persevere requires building networks of support that will sustain them from law school through their professional careers. PLSI provides these networks of support for all that are part of the program. As Jasmine Neosh states, “The wonderful thing and important thing is knowing that as TCU students, Native students, you can do anything, and this is the time.”

“I would encourage aspiring lawyers attending TCUs to not be afraid of opportunities for growth, and to take every opportunity for new learning experiences,” maintains tribal college and PLSI graduate Heather Whiteman Runs Him.

All backgrounds of study at a TCU can provide a pathway to law school. Heather Whiteman Runs Him (Apáalooke/Crow) is the director of the Tribal Justice Clinic, an associate clinical professor at the University of Arizona Rogers College of Law, and a graduate of the Institute for American Indian Arts (IAIA) and the University of New Mexico (UNM). “I came to PLSI as an art and art history major, not sure if I would really belong in law school,” Whiteman Runs Him attests. “I hadn’t had much exposure to lawyers or legal practice, or what law school would entail. I found a community of Native students at PLSI who had similar motivation to study law as I did.”

Unfortunately, spaces like PLSI that are directly dedicated to serving Native Americans in law are extremely rare, as many law schools often have limited support and representation specifically for Native students. This was also true for Whiteman Runs Him’s education at Harvard Law School. However, it is because of PLSI and the networks that she built through the program that she was able to find spaces of support outside of Harvard that helped ensure her success. As Whiteman Runs Him states, “I would encourage aspiring lawyers attending TCUs to not be afraid of opportunities for growth, and to take every opportunity for new learning experiences—apply for those internships and make time to enrich and expose yourself to professional communities and practices. Sometimes this means taking time from home and your community, but it’s important to broaden your perspective when you can, and it’s okay to do that.”

For PLSI participants, the program serves as a bridge to law school. It is a time of transition and support to overcome current barriers, while also providing the tools and networks to surmount challenges in the future. The program serves as an acclimation to law school. “PLSI is like where you get a goldfish and you have to put the bag in the water for a while and kind of let it come up to temperature,” explains Neosh. The space is unique in that it provides all the rigor of the first semester of law school while simultaneously offering the support and tools to ensure TCU students gain the confidence to know that they deserve to be in law school and can succeed.

REPRESENTATION EVERYWHERE

Representation in all fields is vital in providing a diverse perspec­tive and approach to systems of law because there is not one expe­rience for all Native people. As a result, there is not one trajectory for all Native lawyers. graduates of PLSI have gone on to do many remarkable things. John Echohawk (PLSI class of 1967) is the founder and executive director of the Native American Rights Fund and the 2023 recipient of the Thurgood Marshall Award. Kevin Washburn (PLSI class of 1990) served as assistant secretary of the Interior for Indian Affairs and as the dean of the University of Iowa College of Law. Raquel Montoya-Lewis (PLSI class of 1992) was the first Native American woman appointed to the Supreme Court of Washington State. And Deb Haaland (PLSI class of 2003) became one of the first Native women elected to the U.S. House of Representatives and as the first American Indian to be appointed as the U.S. Secretary of the Interior.

The PLSI class of 2003 included the future U.S. Secretary of the Interior, Deb Haaland (second row, seventh from left).

Native people can do anything and deserve to be the determiners of what happens to them. That is why their inclusion in the legal profession is needed. Acts of Congress, legislation, and law affect Native tribes, communities, and lands in myriad ways. Understanding that is what drives students to apply and take part in PLSI. Ashley LaFriniere sums up the feelings of many graduates when she states, “This group of people are like my soulmates. It’s one of the few spaces and environments I can have conversations about Native law and really nerd out with other people who seem to be as excited as I am to talk about it, learn about it, and under­stand it.”

Zola Ortiz (Comanche/Kiowa/Caddo/Acoma/Diné) studies anthropology at Stanford University; Amber Reano, JD (Diné/Kewa Pueblo), is an alumna of the PLSI and a graduate of the University of New Mexico School of Law.