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Tribal leaders press Congress to close jurisdictional gaps and fund tribal law enforcement

2321661 · February 12, 2025

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Summary

Witnesses and senators discussed chronic underfunding of tribal public safety and justice programs, jurisdictional barriers that hinder tribal prosecutions, and bills to strengthen tribal law enforcement and courts, including calls to pair jurisdictional changes with sustained funding.

Tribal leaders told the Senate Committee on Indian Affairs that public safety and justice in Indian Country remain underfunded and hampered by jurisdictional limits that allow many offenders to evade prosecution.

Mark Macarro, president of the National Congress of American Indians, cited the BIA Office of Justice Services report to Congress and said public safety in Indian Country is “currently funded at only 12% of actual need,” describing a shortfall of about $3,000,000,000 and estimating about 25,000 additional personnel would be needed to reach federal staffing standards.

Committee members discussed legislative tools. Senators praised bipartisan proposals already introduced, including the Badges Act to improve recruitment and retention for BIA officers and provisions to expand special tribal criminal jurisdiction for certain drug and gun crimes. Macarro and others urged pairing jurisdictional fixes with sustained funding, cautioning that authority without personnel or resources would be ineffective.

Witnesses and senators highlighted tribal courts’ role. Members said tribal courts need access to the same investigative tools—such as electronic evidence and national databases—as nontribal counterparts. Witnesses recommended stronger Department of Justice infrastructure for tribal matters, including a dedicated tribal desk to coordinate Indian Country cases and resources.

Ending: Senators said they would pursue legislation to bolster tribal policing and courts while continuing oversight to ensure funds reach tribal governments and tribal justice systems have the tools to use new authorities.