Criminal Justice (Tribal Nations)

This resolution expresses support for designating May 5, 2026, as the National Day of Awareness for Missing and Murdered Indigenous Women and Girls. It calls on the public and organizations to honor the victims and show solidarity with their families. The bill also recommends that the Department of Justice commission a new study to gather updated statistics on the crisis, noting that previous data is nearly a decade old.

This bill proposes to remove the legal authority of the State of Kansas to prosecute crimes committed on Native American tribal lands within the state. By repealing a specific section of the U.S. Code, the legislation would transfer exclusive jurisdiction over these offenses to federal authorities and tribal governments. The change directly affects law enforcement agencies and individuals involved in legal proceedings concerning crimes occurring on reservations in Kansas.

This Senate resolution expresses support for designating May 5, 2026, as the National Day of Awareness for Missing and Murdered Indigenous Women and Girls. The bill calls on the public and organizations to commemorate the victims and show solidarity with their families. It also recommends that the Department of Justice commission a new study to update statistics on the crisis, noting that the previous data is over a decade old.

The Respect Tribal IDs Act of 2026 requires the Department of Homeland Security to create and enforce mandatory training for immigration officers on how to properly interact with Native Americans and recognize tribal documents as proof of citizenship. This training must include specific information about tribal documents, scenario-based exercises, and annual retraining for all officers in their assigned regions. The bill also mandates that officers complete this training before performing immigration enforcement duties and requires the Department to submit regular reports to Congress on its implementation.

This bill, known as the Tribal Police Department Parity Act, would extend existing federal firearms access laws to Tribal law enforcement agencies, ensuring they have the same authority as Federal, State, and local agencies. The legislation amends Title 18 of the United States Code to explicitly include Indian Tribes and their departments in provisions related to machinegun transfers and the transportation, shipment, receipt, possession, and importation of firearms and ammunition. It also modifies the Internal Revenue Code to apply tax exemptions for firearms transfers to Tribal entities on the same basis as State governments. These changes would allow Tribal police departments to legally access and use firearms under the same federal regulations that currently apply to other law enforcement agencies.

HCONRES 37 is a non-binding congressional resolution urging the President to establish a U.S. Commission on Truth, Racial Healing, and Transformation. The resolution does not create the commission itself but calls for its formation to acknowledge historical racial injustices (like discriminatory housing policies, the Chinese Exclusion Act, and forced Native American boarding schools) and catalyze efforts to eliminate racial inequities. The commission would focus on dismantling the "belief in a hierarchy of human value" and advancing racial healing, complementing ongoing efforts like H.R. 40 (the reparations study bill). It directly affects federal leadership (via the President) and aims to guide national policy, though it has no legal force.

HR 7699, the Tribal Police Department Parity Act, removes barriers for tribal law enforcement by amending federal firearm and tax laws. It directly affects tribal police departments (as defined under the Indian Self-Determination Act) by allowing them to transfer, possess, and import firearms under the same rules that apply to state police. The bill amends Title 18 (firearm regulations) and the Internal Revenue Code to explicitly include "Indian Tribe" in provisions about firearm transfers and tax exemptions. This ensures tribal departments can access necessary equipment without additional restrictions and qualify for tax exemptions previously limited to state entities. The changes apply to firearms transferred or made after the bill’s enactment.

The BADGES for Native Communities Act (S 390) aims to improve coordination and data sharing around missing persons, unclaimed remains, and death investigations involving Native communities. It creates Tribal facilitators to coordinate reporting to the National Missing and Unidentified Persons System, establishes a grant program for tribes and states to develop response centers, and requires reports on law enforcement staffing needs in Indian country. The bill also creates a demonstration program for background checks of Bureau of Indian Affairs law enforcement officers and mandates a GAO study on evidence collection procedures. These provisions directly affect Native American tribes, Tribal organizations, Bureau of Indian Affairs law enforcement, and federal agencies working in Indian country. The legislation seeks to address systemic gaps in data collection and law enforcement response to cases involving Native communities.

Protection for Reservation Occupants against Trafficking and Evasive Communications Today Act of 2025 or the PROTECT Act of 2025 This bill expands special tribal criminal jurisdiction (STCJ) to include certain controlled substance-related offenses and firearms offenses. It also allows tribal courts to execute warrants for electronic material. STCJ allows participating tribes to investigate, prosecute, convict, and sentence both Indian and non-Indian offenders who commit covered crimes in Indian country against Indian victims. Covered crimes currently include assault of tribal justice personnel, child violence, dating violence, domestic violence, obstruction of justice, sexual violence, sex trafficking, stalking, and a violation of a protection order. The bill expands STCJ to allow participating tribes to prosecute individuals for controlled substance-related offenses (i.e., drug trafficking, unlawful drug possession, or unlawful possession of drug paraphernalia) and firearms offenses (i.e., use or possession of a firearm in furtherance of a covered crime or by a person who has been convicted of domestic violence). Additionally, the bill allows participating tribes to exercise STCJ over a controlled substance-related offense or a firearms offense if neither the defendant nor the alleged victim is an Indian. (Currently, this exception only applies in cases of obstruction of justice or assault of tribal justice personnel.) The bill allows offenders convicted pursuant to STCJ to be incarcerated through the Bureau of Prisons Tribal Prisoner Program. The bill gives tribal courts the same authority as state courts to compel service providers to disclose stored electronic communication information through court-issued warrants, court orders, or administrative subpoenas.

HR 3773 (PROTECT Act of 2025) amends federal law to recognize tribal courts as having authority equivalent to state courts for certain electronic evidence cases. It requires that warrants for electronic communications stored 180 days or less must follow procedures from the Indian Civil Rights Act (25 U.S.C. 1302(a)(2)) when issued by tribal courts. The bill also expands tribal jurisdiction over controlled substance offenses (like drug trafficking or possession) and firearms offenses (such as possession by domestic violence offenders) by defining these terms for tribal courts. This directly affects tribal courts and tribal law enforcement by standardizing legal procedures for evidence handling and broadening their authority under federal law. The changes align tribal court processes with federal and state standards for digital evidence and criminal jurisdiction.