What’s Tribal Law Enforcement?

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There are actually three different levels of law enforcement in the United States: federal, state, and tribal. Despite the federal government’s efforts to assimilate the indigenous peoples it found living on the land many years ago, some tribes have maintained their cultural and legal autonomy and independence. As a result, many tribal nations are considered dependent nations from within the United States, retaining greater sovereignty than states, but less so than a separate, independent foreign nation. Most tribal nations, therefore, have their own tribal law enforcement agencies and tribal courts.

The relationship between the federal government, state governments, and tribal governments in the United States is complicated at best. Jurisdiction over a crime or lawsuit will depend on the tribe in question, the crime or basis of the lawsuit, and whether or not the parties involved are Native American or non-Native American. Although most Native American nations have their own tribal law enforcement agency, a person arrested on tribal territory can be prosecuted by the tribe, the federal government, or the state government. There are no hard and fast rules regarding jurisdiction for crimes on tribal land, but, in general, tribes may have jurisdiction over less serious crimes than Native Americans, while the state or federal government has jurisdiction over other situations.

Regardless of who ultimately has jurisdiction to prosecute a crime, many tribes have tribal law enforcement agencies that are legally responsible for policing tribal lands and enforcing laws. A tribal law enforcement officer is no different than a local, state, or federal law enforcement officer in that he can make arrests, interrogate suspects, and generally keep the peace within his jurisdiction. Funding for tribal law enforcement is primarily provided by the federal government.

While tribal law enforcement agencies are required to perform the same duties that any other law enforcement agency is required to perform, they often have more territory to cover with fewer resources than other law enforcement agencies. Tribal lands are often vast and wild, and tribal law enforcement lacks the assistance of other law enforcement agencies when needed, as many other law enforcement agencies do. In tribal lands there are, on average, fewer than half of the officers available to serve the same population as in non-tribal lands. Additionally, tribal officers must understand and work within the complicated web of jurisdictional issues that are unique to tribal lands.

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