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 U.S. Senators Tina Smith (D-Minn.) and Steve Daines (R-Mont.) today introduced the bipartisan Protection for Reservation Occupants Against Trafficking and Evasive Communications Today (PROTECT) Act, aimed at tackling drug trafficking in tribal communities. The PROTECT Act would expand the Special Tribal Criminal Jurisdiction (STCJ) program, enabling tribal nations to prosecute non-Native offenders for drug and gun crimes linked to STCJ-covered offenses. Additionally, the bill would grant tribal courts the authority to issue warrants for electronic materials, enhancing their ability to combat drug traffickers and other criminals.
 

“For years, Tribal leaders in Minnesota have raised the alarm that drug traffickers are exploiting complex legal jurisdiction on Tribal land, making Native communities some of the most harmed by the opioid and fentanyl epidemics,” Sen. Smith said. “The PROTECT Act would help Tribes fight back against these drug traffickers. This proposal is bipartisan and common sense, and it respects and upholds Tribes’ inherent sovereignty and right to protect their people.”

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“As deadly drugs like fentanyl and opioids flow across our open southern border, states like Montana are bearing the burden. Drug traffickers continue to exploit our tribal communities, so I’m proud to lead this bipartisan legislation to protect our Native American tribes and keep our communities safe, both in Montana and across the country,” said Senator Daines.

Tribal leaders were receptive to the proposed legilsation.  Here are some of the comments from tribal leaders:

“We thank Senator Smith for her continued commitment to law enforcement and Indian Country. Protecting our most vulnerable members is the fundamental goal of all governments. The PROTECT Act enhances tribal sovereignty and public safety and is an idea whose time has come. Minnesota Indian Country- and Indian Country throughout America is lucky to have a friend like Senator Tina Smith,” said Cathy Chavers, Chairwoman of the Bois Forte Band. 

“Expanding the Special Tribal Criminal Jurisdiction to include crimes related to drugs and guns is an important step in promoting the safety of tribal members and strengthening tribal sovereignty. We thank Senators Smith and Daines for taking action to provide Indian Country with additional tools needed to keep our communities healthy and safe,” said Virgil Wind, Chief Executive of the Mille Lacs Band of Ojibwe. 

“This bill is an important step in helping us protect our community. We applaud Sen. Smith’s continued leadership and efforts to strengthen tribal sovereignty. We need to be able to protect our own community from the predatory drug dealers that are wreaking havoc on our families. The future of the Red Lake Nation relies on it,” said Darrell Seki, Chairman of the Red Lake Band of Chippewa Indians.

“The Affiliated Tribes of Northwest Indians passed ATNI Resolution 24-05 in support of the PROTECT Act of 2024, a bill that strengthens tribal criminal justice systems to help combat the opioid-fentanyl epidemic that is devastating our tribal communities. We urge Congress to move swiftly on this bill,” said the Affiliated Tribes of Northwest Indians.

For decades, drug traffickers have taken advantage of the complex criminal jurisdictional framework in Indian Country, contributing to disproportionately high rates of violent crime and overdose deaths among American Indians and Alaska Natives—who are two and a half times more likely to become victims of violent crime and face higher overdose mortality rates compared to other groups.

The PROTECT Act seeks to address these disparities by expanding the Special Tribal Criminal Jurisdiction (STCJ) program, empowering tribal nations to prosecute non-Native offenders for drug and gun crimes linked to drug trafficking and other STCJ offenses. The bill would also give tribal courts the same authority as state courts to execute warrants for electronic materials and allow individuals prosecuted under STCJ to be incarcerated through the Bureau of Prisons' Tribal Prisoner Program.

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