WASHINGTON, DC – U.S. Senator Tina Smith (D-MN) and U.S. Senator Steve Daines (R-MT) announced the bipartisan Protection for Reservation Occupants Against Trafficking and Evasive Communications Today (PROTECT) Act to combat drug trafficking in Tribal communities. Drug traffickers exploit prosecutorial loopholes, including the fact that Tribal courts do not have jurisdiction over non-Native offenders who traffic illegal drugs, like fentanyl, on to Tribal lands. The PROTECT Act would address this problem by enabling Tribal Nations to exercise their inherent authority to prosecute non-Native offenders for drug crimes and gun crimes. The PROTECT Act also includes provisions for Tribal courts to execute warrants for electronic communications to better combat drug traffickers and other criminals.
“For years, Tribal leaders in Minnesota have raised the alarm that drug traffickers are exploiting complex legal jurisdiction on Tribal land, making Native communities some of the most harmed by the opioid and fentanyl epidemics. I hear directly from Tribal leaders about how their Tribal law enforcement routinely arrests the same people for selling drugs, drop them off with the county police, and have to arrest them again the next day. The Tribe can’t do anything about it,” said Senator Smith. “The PROTECT Act would help Tribes fight back against these drug traffickers. This proposal is bipartisan and common sense, and it respects and upholds Tribes’ inherent sovereignty and right to protect their people.”
“Under President Trump’s leadership, we’ve seen strong decisive action to secure the southern border and keep our communities safe. I’m proud to work alongside my bipartisan colleagues to further deliver on our promise to curb the spread of deadly drugs like fentanyl and crack down on crime. Protecting our Native American tribes while upholding and enhancing tribal sovereignty will always be one of my top priorities,” said Senator Daines.
“We thank Sen. Smith for her leadership in ensuring Tribal governments have the authorities we need to keep our communities safe. This bill will hold predatory drug dealers accountable for the havoc they are wreaking on Red Lake families. We look forward to working with Congress to enact this legislation,” said Darrell Seki, Chairman of the Red Lake Band of Chippewa Indians
“We thank Senator Smith for her continued commitment to law enforcement and Indian Country. Protecting our most vulnerable members is the fundamental goal of all governments. The PROTECT Act enhances tribal sovereignty and public safety and is an idea whose time has come. Minnesota Indian Country- and Indian Country throughout America is lucky to have a friend like Senator Tina Smith,” said Shane Drift, Interim Chairman of the Bois Forte Band of Chippewa.
For decades, drug traffickers have exploited the complexity of the criminal jurisdiction in Indian Country to get away with drug crimes, which has contributed to American Indians and Alaska Natives being two and a half times more likely to become victims of violent crime and more likely to die of an overdose than other demographic group. In 2021, American Indian Minnesotans were ten times as likely to die from a drug overdose than white Minnesotans. Over 1,000 Minnesotans died in 2023 from opioid overdoses.
The PROTECT Act would expand the Special Tribal Criminal Jurisdiction (STCJ) program to allow Tribal Nations to prosecute non-Native offenders for drug crimes and gun crimes committed in furtherance of drug crimes and other STCJ crimes. It would also grant Tribal courts parity with state courts to execute warrants for electronic material and allow offenders prosecuted under STCJ to be incarcerated through the Bureau of Prisons Tribal Prisoner Program.
Read the full text of the PROTECT Act here.
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