The Justice Department has announced plans to hold Tribal consultations regarding legislative proposals aimed at addressing jurisdictional issues in Indian country, following the Supreme Court's 2022 decision in Oklahoma v. Castro-Huerta. This decision altered the previous understanding of jurisdiction over crimes committed by non-Indians against Indians on Tribal lands.
Indian country refers to Tribal reservations, lands, communities, and allotments under U.S. jurisdiction. Previously, it was understood that the General Crimes Act limited state authority in prosecuting certain crimes within Indian country. The Supreme Court's ruling in Castro-Huerta established that states have concurrent jurisdiction alongside federal and Tribal authorities.
Attorney General Merrick B. Garland stated, "The Department of Justice is committed to working with Native communities to advance our shared goal of Tribal safety while respecting and uplifting Tribal sovereignty." The consultations are part of ongoing efforts to collaborate with Tribes for safer communities.
In September 2022, joint listening sessions were held by the Justice Department and the Department of the Interior with over 500 Tribal leaders participating. These discussions revealed concerns about diminished Tribal sovereignty and potential state interference resulting from the Castro-Huerta decision. Many Tribes expressed a need for legislative action and clearer federal guidance.
Tribes also noted negative impacts on cooperative law enforcement agreements with states due to the ruling. In response, the Justice Department is considering supporting legislative proposals to restore previous jurisdictional balances.
Two draft proposals have been prepared for review by Tribes. Both suggest that states should not have jurisdiction over crimes involving Indians in Indian country unless federally authorized. They also propose that states must secure Tribal consent before exercising such jurisdiction and comply with necessary legal procedures.
A framing paper detailing these proposals will be available on the Department’s Tribal Justice and Safety website. Consultations are scheduled for January 2025.