NCAI Supports S. 2695 - Parity for Tribal Law Enforcement Act
The Parity for Tribal Law Enforcement Act is an innovative solution to the ongoing law enforcement needs of Indian Country. The ability of tribal law enforcement officers to arrest and enforce non-tribal laws and/or to enforce certain types of criminal laws against non-Native persons is limited. The consequences of the criminal jurisdictional maze that exists in Indian Country is well-documented and often results in criminals escaping arrest, detention, and prosecution.
The Parity for Tribal Law Enforcement Act offers an opportunity to help fill a portion of the law enforcement gap in tribal communities. If passed, the law would impact Tribal Nations that have contracts or compacts pursuant to the Indian Self-Determination and Education Assistance Act allowing for tribal control of any or all law enforcement functions. For Tribal Nations with such contracts or compacts, tribal police—who meet certain qualifications—would be able to enforce federal law within the Tribal Nation’s jurisdiction. Such a possibility has the potential to significantly impact the effectiveness of law enforcement and the safety of our communities.
Also of critical importance, the statute would deem a tribal law enforcement officer who is acting under an authorized contract or compact as a federal law enforcement officer for the purposes of certain federal laws, including for injury and death, retirement, and pension benefits.
In 2022, NCAI passed a resolution entitled Supporting Federal Pension and Retirement Benefits to Tribal Law Enforcement Officers, which noted that even “Tribal Nations that are able to pay competitive tribal law enforcement officer salaries still often struggle with recruitment and retention because tribal law enforcement officers do not have access to federal pension and retirement benefits and, in most cases, state pension and retirement benefits.”(1) And while more will be needed in the long-term to ensure that well-qualified officers are policing our communities, this provision is a meaningful step forward.
Finally, it is worth noting that the S. 2695 has clear criteria that must be met in order for an officer to be provided authority to enforce federal laws. Specifically, the legislation puts into place training requirements, the need for a background check, and certification criteria that will be developed by the Secretary of the Interior. The requirement that the certification criteria be developed after government-to-government consultation with Tribal Nations and input from tribal law enforcement agencies ensures that meaningful safeguards will be developed that can be effectively implemented throughout Indian Country.
While no single piece of legislation will change public safety in our communities overnight, the Parity for Tribal Law Enforcement Act has the potential to produce real improvements. As such, NCAI supports the goals and policies of the Parity for Tribal Law Enforcement Act and urges Congress to pass it into law.
To voice your support, visit our partners at NIWRC to send a letter to your members of Congress, urging them to support the Parity for Tribal Law Enforcement Act.
(1) NCAI Resolution #ANC-22-032, Supporting Federal Pension and Retirement Benefits to Tribal Law Enforcement Officers
