Overview:

We are endorsing and calling for a vital amendment to the Indian Civil Rights Act (ICRA), a federal law enacted in 1968. The ICRA was intended to protect the civil rights of Native Americans and ensure their protection under the U.S. Constitution's Bill of Rights. However, the ICRA has faced multiple issues, especially in its impact on tribal sovereignty and the rights of Native Americans. In its current form, the ICRA has led to confusion and jurisdictional disputes, undermining tribal control over judicial matters.  

The ICRA has been amended throughout the years, but the jurisdictional dispute that supports federal control over tribal sovereignty still exists. Tribal power over judicial procedures has been weakened as a result of this. In addition, the ICRA's goal of defending individual rights and tribal sovereignty is weakened by its use of outdated terminology and colonial language. Despite the high rate of violent crime against Native Americans, especially against Native American women, these problems still exist.

Underlying Problem: 

Native American nations' sovereignty has been compromised as a result of the ICRA's language and interpretation, particularly when it comes to dealing with serious crimes committed within tribal territories. This is crucial because Native Americans continue to experience considerably higher rates of violent crime than the nation's population. 

Amendment Proposal:

We propose revising U.S. Code Title 25, Chapter 15, Section 1304b. More specifically  Title 25. USC. Chapter 15. § Section 1304b, 2 and Title 25. USC. Chapter 15. § Section 1304b, 3A and 3B). We also recommend eliminating 25. USC. Chapter 15. § Section 1304b, 4 in its entirety. We plan to eliminate references to state authority, thereby reinforcing tribal sovereignty. This amendments aim to provide a clearer framework for jurisdictional matters. By eliminating references to state authority and jurisdiction, we can empower tribal courts to handle violent crimes on tribal territory, regardless of the peoples ethnicity. This change will strengthen tribal justice systems and uphold the sovereignty of recognized Native American tribal nations. 

We suggest that changing the ICRA in this way would make clear the sovereignty of Native nations and the remaining federal authority, benefit the Indigenous community by developing fairness and tribal community empowerment, and strengthen the tribal justice system so that it can address crime and safety issues in a way that respects their cultural values and needs.