Witness: Tribe aimed to create immigrant haven

Leaders of an American Indian tribe considered creating a reservation that could protect illegal immigrants from deportation, a tribal official testified Wednesday at the trial of a group leader accused of telling immigrants that buying memberships would make them instant citizens.

The federal government has denied recognition of Malcolm Webber's group as an authentic Indian tribe and says the 70-year-old — who calls himself Grand Chief Thunderbird IV — has no Indian ancestry. Prosecutors say the group sold tribal memberships to more than 13,000 people nationwide, often through Hispanic churches, for $50 to more than $1,000 apiece.

Debra Flynn, who held the titles of secretary of state and chief administrator of the Wichita-based Kaweah Indian Nation, testified about a July 2006 tribal council meeting at which the purchase of 1,000 acres as a reservation was discussed.

Assistant U.S. Attorney Brent Anderson argued the discussion was evidence that tribal leaders knew some members were undocumented immigrants and were taking steps to encourage them to stay in the United States. That constitutes harboring illegal immigrants, one of the charges in the case, he said.

Charges against Webber also include conspiring and possessing false documents with intent to defraud the United States, and mail fraud. The government is also seeking forfeiture of the proceeds from the alleged criminal acts.

Flynn, also known as Little Mouse, said she had no Indian ancestry but was an adopted member of the tribe. She pleaded guilty last week to harboring illegal immigrants in a plea deal.

Flynn testified it was common for groups of immigrants to come to the tribal offices in Wichita, where Webber would tell them that tribal documents would make them U.S. citizens. Flynn said she confronted Webber several times about the claim.

Flynn said she told Webber, "'You cannot tell people this. You can't tell them falsehoods in order to get them to join the tribe.' That is what he was doing."

Another witness, the Rev. Francisco Aguirre of Wichita, testified he is a lawful resident of the United States but paid $170 for tribal memberships for his family after Webber's assurance that doing so would make him a U.S. citizen.

Webber also told Aguirre he could go to the Social Security Administration office and change his status to U.S. citizen, the pastor said.

Guatemala native Victor Orellana, a legal U.S. resident who lives in Long Beach, Calif., testified he paid $300 for tribal memberships for himself and his family and traveled to Wichita this year to obtain the documents from Webber.

While in Wichita he also attended a service in a church — housed in the Kaweah headquarters building — of which Webber asserts he is pastor.

Webber preached that "he had a dream that God had told him to help a lot of people who are undocumented," Orellana testified, adding that Webber said he would do that by making them tribal members, transforming them into U.S. citizens eligible for Social Security cards.

Orellana— who pleaded guilty this week to failing to notify authorities of a crime — said he sold tribal memberships in California to about 21 families. He acknowledged charging them an extra $200 per application and keeping the money for himself.

Police seized $12,700 from Orellana's home, where they found people lined up outside his driveway waiting to buy the memberships, Orellana said.

Defense attorney Kurt Kerns questioned the motives of several government witnesses who received reduced charges in exchange for their testimony.

Kerns also suggested that Flynn's testimony bolsters the defense's contention that Webber was simply trying to help people by selling tribal memberships.

Flynn acknowledged that during the meeting on a possible land purchase, Webber said he wanted to give poor immigrants free memberships.

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