by Leland P. Morrill Adopted Native American Citizenship Affected by The REAL ID Act of 2005 on Friday, May 27, 2011 at 12:52am
Wednesday I received my plastic card from the California DMV. Yup it's official, I now have a California Drivers License.
YAY my PLASTIC CARD showing I have a State issued Drivers License!!
What happened was when I went on April 14, 2011 to go get my Drivers License, I forgot my glasses so I only applied for the California Identification Card. I intended to go back but funds have been a little low lately after this whole 22 year research project that has been so paramount in my life. 40 years ago this July I was adopted out of the Navajo Nation and then began a feeble attempt by my anglo adopted parents to get a birth certificate. They at least sent in an application. Whether or not they followed up after the application phase no longer matters because I finished what they neglected.
It's amazing that it took me twenty-one years, seven months and 7 days to research and finally complete what should have been done back in July 1971 as part of the adoption.
My adoption and the adoptions of my other Navajo and Ojibwe brothers and sisters occurred prior to the Indian Child Welfare Act of 1978 (http://www.nicwa.org/Indian_Child_Welfare_Act/).
I find it disappointing Joe G. Bennalley, Judge, Trial Court of the Navajo Tribe who signed off on my adoption to an anglo Mormon couple who were moving the next day to Canada failed to state my birth date, a link to my biological parents by naming them and also failed to enroll me as a member into the Navajo Nation and even made it quite clear by stating by my name "Leland Pachecko Kirk, C# A Minor".
The "C#" is where my Navajo Census Number should have been.
I also find it disappointing to know the depth of knowledge my anglo adopted parents knew about my biological Navajo family and still failed to follow through on getting my birth certificate. All these made it incredibly difficult to connect the dots during my 22 years of research.
Most of how I connected the dots were through hospital records I had to travel to Gallup New Mexico and request in person at the Gallup Indian Medial Center Health Records Department. I had to read between the lines, create a timeline of events based on those records, learn how to ask questions about my whereabouts. Prior to the internet and the world wide web, I wrote several letters to the Catholic churches in Navajoland. I wrote to Our Lady of Blessed Sacrament Parish in Fort Defiance, All Saints Parish in Ganado and several Pastors and Reverends to find out more information all without replies but I kept on with it throughout the years.
With the internet becoming available and as more records becoming available and then social networks, especially FACEBOOK, then the research took on a new expedited life. I first found out about The Real ID Act and how it affected me not having a birth certificate when my wallet was lifted in December 2009 on a bus in Los Angeles. As I returned home I emptied my pockets in my shorts just to find out my wallet was gone. I had gone shopping at the 99 Cent Only Store on Wilshire and Fairfax and then rode the bus back with several bags of groceries. Both hands were full as I rode the bus and no, I did not see or feel who took my wallet, just that when I got home it was missing. I then went to the California DMV on Cole and Waring Ave in Hollywood to apply for a California Drivers License and found out that I had to have a birth certificate. The drivers license lost had been issued from Utah so in January 2010 I travelled back to Salt Lake to get a replacement. Little did I know that the Real ID Act would be enacted on January 1, 2010 requiring "legal presence" or an original State Issued birth certificate. That January 2010 visit to the Utah DMV I found out about the Real ID Act and thought that my mormon baptism record would suffice as I had used it previously at the same DMV years earlier.
Off to the "big and spacious building" called the LDS Church Office Building I went. Once there I was informed I had to get my baptisimal racord from my "home Ward. Well, I haven't attended the LDS Church since the 80's when I went to see if organized religion was for me or not. Found out back then, it's not for me. Not that I don't believe in a diety, higher power, energy because I do. The LDS Church just isn't for me. Sure it was part of my upbringing and every time I return to see my anglo adopted parents I attend their Ward only because that's their rule when visiting them. So you see, me going to my "home Ward" really wasn't going to happen and that baptism record would not have helped.
So, back to California I went and then realized by May 2010, I didn't have any legal documents, no State issued Identification or Drivers License and no Birth Certificate. My Navajo Nation Adoption papers were worthless because of the missing information (birthdate, census number, and birth parents names). This is when I really started to get worried because then I couldn't go to the Credit Union, out with friends, or fly, well I could on Delta because one of my friends is a flight attendant. I couldn't even use a credit card because, guess what? You have to prove your identity with a plastic card Identification or Drivers License issued by one of the 50 U.S. States. In May 2010 I went back to Utah with all the documentation and research I'd accrued since then and they allowed me to get a paper copy of a temporary Utah Drivers License. I soon found out this was not honored anywhere. Another worthless piece of paper issued by a government entity, that I paid for.
I started to really research on the internet, Facebook, Twitter, Ancestry.com, Google, ect. I had to start to understand how to use the internet for family research and what keywords to use, what to ask, how to phrase my questions to get the desired answer. I had to learn how to use property tax records that I'd used as a researcher to find family records for the KIRK and PACHECO names and potential family members. Then one day, just out of the blue, I realized I could use FACEBOOK the same way and there were hundreds of millions of people on FACEBOOK, could people on the Navajo Nation reservation be on FACEBOOK? I typed "Kirk Arizona" in the search area and pressed the search icon. Sure enough, guess what popped up? People named KIRK in ARIZONA. That was my first introduction to understanding how to manipulate FACEBOOK for my new cause. At this point I didn't quite reach out because I didn't know what to say but at least I knew it was there.
I still tried to go the goverment way via the State of Arizona and State of New Mexico through the suggestion of the supervisor at the Utah DMV. My adopted parents told me I had been born in Albuquerque. Found out later, there really is no documentation. New Mexico Vital Records took my money repeatedly and never wrote back, nothing. So I went with Arizona Vital Records. I paid several fees, emailed, telephoned, wrote letters, sent in all my documentation and finally had to pay more fees to finally get... (drum roll) an Arizona "Certificate of No Birth" in December 2010. Yup. After thousands of hours of research and almost 21 years of research another government issued paper worth nothing although it cost me dearly in legal fees, state fees and notary fees. It wasn't until I went back to Utah and had my famous Utah DMV experience:
"UTAH DMV Evil or Good? You tell me...I'm Illegal...or not. I'm NAVAJO!"
https://www.facebook.com/note.php?note_id=165603423489450
that I realized the Navajo Nation had it's own Vital Statistics Office, and that's when things finally started to fall in place. Well not quite. I had some problems with them so I decided, what the heck, I can call the Navajo Nation President Joe Shirley. Well, surprise, the Navajo Nation presidency changed in January and I ended up talking to my natural cousin. Yup. She was related to the KIRKs and was able to use her office, Constituent Services Unit, to help me. Along the way she directed me to other Navajo relatives. My Uncle, my mother's half brother, and his wife helped the most along with Cyndy guiding my path. My Uncle even wrote to the Navajo Nation Vital Statistics, called them, and visited them in person, He also went with his wife to look for my mother's grave.
All in all, I met great people along the way. A representative from the National Archives (NARA) in Perris California was also instrumental. I had pretty much figured out a timeline, created an onine pedigree chart on "Family Echo" to keep the names of relatives straight and had started my Facebook Page and Blog by then. So when I talked NARA, I could refer back to my notes (blog, page and pedigree) and ask yes and no questions to her. After she realized that I knew most of the information, on March 18, 2011 at 4:56 p.m. she sent me an email. It might have been a strategic move, after 5 p.m. they were closed so I was unable to send an email back or call. She emailed me all the information I needed to lobby to get my Navajo Nation Birth Certificate and Certificate of Navajo Indian Blood. Success happened on April 9, 2011, a Saturday. Alisia Milford from the Window Rock Navajo Nation Vital statistics called me as I was attending a conference where I was to talk to U.S. Census Director Robert M. Groves but he ended up a no show due to the Federal Government almost shutting down Friday April 8, 2011. I ended up talking to Chai Feldblum, Commissioner, U.S. Equal Employment Opportunity Commission instead. I discussed my employment issues, showed her my worthless paper copy of a Utah Drivers License & she was shocked. I also submitted changes to The REAL ID ACT to her...documented in my note:
My Additions/Amendment suggestion/ reasoning to THE REAL ID ACT of 2005 submitted to Chai Feldblum, U.S.Commissioner of the EEOC
https://www.facebook.com/note.php?note_id=174986269217832
In April my Facebook Page was read over 11,000 times by readers (THANK YOU). Again I did get verbally notified I was a member of the Navajo Nation April 9th & on April 14th I received my NN Birth Affidavit and Certificate of Navajo Indian Blood. Then I applied for California ID & then in on May 17th I applied for a Drivers License. There was a bit of a problem with the paper copy of that worthless Utah Drivers License. I ended up having to call/email Nannette Rolfe (Director) and Jill Laws (Deputy Director) of the Utah DMV and Jill faxed the documentation needed to the California DMV for me to get my Drivers License. Wednesday May 25, 2011 I received my plastic card issued by the California DMV called a Drivers License.
It took a village, almost a city of people who helped me along the way, so many it would take a huge entry just to thank everyone. I've thanked most of them individually and if I missed you. Please know I am grateful and thankful for your help, suggestions and assistance along the way. One great lesson I learned is people will help if you ask. Knowing what to ask, how to form the question so someone else understands what you seek is also a learned tool. I am amazed at all the people to had the attitude of "What would you like me to do?" and "How can I help?" Thank you.
After all the drama...I think I deserve a lifetime acheivement award:
May 26, 2011
Me with an Emmy trophy at the Academy of TV Arts & Sciences.
NO It's not mine, just thought it would be a funny picture.
LOL, here's a picture of me with an EMMY at the Academy of Television Arts and Sciences yesterday. No it's not mine, just me in a picture with one.
Thought it would be humorous to include the picture.
Thank you for reading my blog/page.
Now this blog/page is to help others. It takes a village.
Please LIKE my page, share with those who need to know. If you have any questions or comments, please don't be shy, ask, or state them. Thanks again!
