New Policies to Fight Violence, Bring Justice for Tribal Communities
The Biden Administration recently announced policy changes designed to improve public safety and criminal investigation procedures for Native American communities. The action comes as the ongoing crisis of Missing and Murdered Indigenous People (MMIP) and the “persistently high levels of violence among Native American families and communities” was a major topic at the recent White House Tribal Nations Summit, where more than 300 tribal leaders reviewed policy with Biden Administration officials.
At the summit, the Federal Bureau of Investigation (FBI) and the Bureau of Indian Affairs Office of Justice Services (BIA-OJS) signed an updated memorandum of understanding to establish guidelines for handling criminal investigations in Indian Country.
According to a White House fact sheet, the guidelines will “clarify investigative roles, define best practices, and recommend training for personnel working in Indian Country, a significant reform to improve coordination between the two law enforcement agencies that share responsibility for investigating Indian Country crimes, including Missing or Murdered Indigenous People (MMIP) investigations.”
The training includes “trauma-informed and culturally responsive training for law enforcement officers.”
Associate Attorney General Vanita Gupta said, “The Department of Justice is committed to working with the Department of the Interior to investigate Indian Country crimes, including reports of Missing or Murdered Indigenous People, quickly, effectively and respectfully.”
It's the first update to operational agreements between the two agencies since 1993. The update comes after the administration received feedback from more than 100 tribal governments on how to improve criminal justice procedures on tribal lands.
Assistant Secretary for Indian Affairs Bryan Newland said, “This partnership will further support our efforts to keep Native people safe in their homes and communities.”
The FBI and BIA-OJS are also embedding a “criminal investigator and program analysts from DOI’s Missing and Murdered Unit into the FBI headquarters-level unit in charge of Indian Country.”
At the White House event, Attorney General Merrick Garland also announced an updated Tribal Consultations Policy, the first update to the policy since 2013.
The Department of Justice (DOJ) is adding the first-ever National Native American Outreach Services Liaison, who will “build on and enhance existing protocols for effective, consistent, and culturally and linguistically appropriate communication with families of victims.” Maryls Big Eagle, former Victim Witness Coordinator for the United States Attorney’s Office for the District of South Dakota, will serve in that position.
DOJ is also expanding access to its Tribal Access Program for National Crime Information, which “allows tribal governments to access, enter, and exchange data with National Crime Information Systems, including those maintained by the FBI.”
In addition, every U.S. Attorney’s Office with Indian Country jurisdiction is working on updated plans to promote public safety in tribal communities.
In April 2021, Interior Secretary Deb Haaland formed a Missing & Murdered Unit (MMU) to help investigate such cases, which often “remain unsolved often due to a lack of investigative resources available to identify new information from witness testimony, re-examine new or retained material evidence, and review fresh activities of suspects.”
BIA estimates there are approximately 4,200 missing and murdered cases currently unsolved.