While well documented in historic records and surviving as a community, the tribe was largely dispossessed of its lands while under guardianship by the state of Rhode Island before suing in the 20th century.

In 1991, the tribe purchased 31 acres (130,000 m2) to be used for housing for elderly tribal members, and petitioned the Secretary of the Interior to take the land into trust as provided for under the Indian Reorganization Act, thus removing it from state jurisdiction.

In March 1998, the Bureau of Indian Affairs (BIA) notified Rhode Island of its intent to take the 31-acre (130,000 m2) parcel into Federal Trust status.

[2] Thomas determined that the authority of the BIA to take Indian land into a trust status hinged on the phrase "now under Federal jurisdiction" in 25 U.S.C.

Using rules of statutory construction, he determined that this phrase limited the BIA to take Indian Land into trust only if the tribe was federally recognized in 1934 at the time of the law's enactment.

[2] Justice John P. Stevens dissented,[2] arguing that "now" meant "at the time the land was turned over to the BIA," and would have affirmed the lower court's decision.

The American Bar Association newsletter quickly pointed out possible adverse consequences for Indian gaming and tribal sovereignty.

[13] Activists worked to "fix" the decision by Congressional legislative action in order to allow the BIA to continue to take Indian lands into trust.

[14] United States Senate bill S.676 was scheduled to be taken up before the end of the 112th Congress to amend language in the Indian Reorganization Act.

[20] In 2015, the BIA approved the taking of 321 acres of land in Taunton, Massachusetts, into federal trust for the Mashpee Wampanoag tribe.