Because Legal Jurisdiction in Indian Country Can In

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Because Legal Jurisdiction in Indian Country Can In Modern Realities of the “Jurisdictional Maze” in Indian Country: Case Studies on Methamphetamines Use and the Pressures to Ensure Homeland Security By Elizabeth Ann Kronk and Heather Dawn Thompson ecause legal jurisdiction in Indian country can in- to combat meth use and addiction have been chronically volve three separate actors—the tribe, the federal underfunded. Furthermore, effective law enforcement in Bgovernment, and potentially the state government— Indian country is hampered by the limited number of law the laws governing which entity has authority in various enforcement officials and large geographic areas that situations can become confusing, amounting to a “juris- make up many Indian reservations. According to the Na- dictional maze.” Problems that arise from modern devel- tional Native American Law Enforcement Association, in opments, such as increased use of methamphetamine Indian country, the ratio of law enforcement officials to (meth) and the pressures of ensuring homeland security, residents is typically 2 officials to 1,000 residents. Large become exacerbated when combined with the often per- geographic areas exacerbate this problem. “For example, plexing realities of jurisdiction in Indian country. … the Pine Ridge Reservation in South Dakota has 88 sworn [t]ribal officers to serve 41,000 residents on 2.1 mil- Use of Methamphetamine: An Emerging Epidemic lion acres. This equates to a ratio of 1 officer per 24,400 acres of land.”6 “I can bring you more misery than words can tell. The problem of the high level of meth use in Indian Come take my hand, let me lead you to hell.” country is further aggravated by the legal web that often — Author Unknown1 entangles law enforcement there. Jurisdiction for dealing with meth-related crimes in Indian country can be split The Problem among the tribes, the federal government, and possibly The illegal use of meth is a national problem that has the state government. Furthermore, as a result of the had a disproportionate impact on inhabitants of Indian Supreme Court’s Oliphant ruling, tribes do not have crimi- country. In comparison to other groups within the United nal jurisdiction over violations of the law committed by States, American Indians use meth at a substantially high- non-Indians on Indian territory. Given that nearly 70 per- er rate. For example, 1.7 percent of American cent of crimes in Indian country involve a non-Indian, Indians/Alaskan Natives have used meth in the past year, tribes often find themselves unable to deal with crime in compared to only 0.1 percent of African-Americans, 0.2 the most effective manner possible because of Oliphant. percent of Asian-Americans, 0.5 percent of Hispanics, and Tribes are further hampered from effectively addressing 0.7 percent of Caucasians.2 Beyond the high rate of meth meth use, because the Indian Civil Rights Act limits tribal use among American Indians, Alaskan Natives, and Native courts to imposing one-year sentences and/or fines up to Hawaiians nationwide, individual Indian tribes have been $5,000. Because meth addicts can often take over a year struggling with the impact of meth use on their communi- to recover, the act’s restrictions further limit tribes’ ability ties. For example, on the San Carlos Apache Reservation to combat meth use in Indian country. in Arizona, in 2004, 64 out of 256 babies—25 percent— Most of the methamphetamines consumed in the Unit- were born to meth-addicted mothers, and this number in- ed States are produced by traffickers either from Mexico creased in 2005.3 In addition, “[a]ccording to workers in or affiliated with Mexico. Mexican drug-trafficking organi- the Social Service programs for the tribes, meth plays a zations view Indian reservations located at the U.S.-Mexi- large role in 65 percent of all cases involving child neglect can border—such as the Tohono O’odham Indian Reser- and placement of children in foster care.”4 In fact, the vation in Arizona, which shares a 70-mile border with problem of meth use in Indian country has become so Mexico—as corridors for the movement of illegal drugs. pervasive that 74 percent of the 96 Indian law enforce- Primarily as a consequence of the jurisdictional obstacles ment agencies nationwide that responded to the National previously described, meth dealers have specifically tar- Methamphetamine Initiative Survey conducted by the Bu- geted Indian country as a profitable market and a relative- reau of Indian Affairs indicated that “methamphetamine ly easy route for transporting their goods. For example, poses the greatest threat to the members of the communi- Jesus Martin Sagaste-Cruz of Mexico, a convicted distribu- ties they serviced.”5 tor of more than 100 pounds of meth, developed a busi- Indian country has been disproportionately impacted ness plan for the expansion of his organization’s meth by meth use for a myriad of reasons. Some have suggest- sales into Indian country because he believed that mem- ed that Indians’ historical struggles with addiction and bers of his drug ring would not stand out there. His plan poverty make individual Indians more susceptible to meth included encouraging male members of the drug ring to addiction. Moreover, government resources and programs develop romantic relationships with and even marry Indi- 48 | The Federal Lawyer | March/April 2007 an women. Sagaste-Cruz’s business plan included a goal mittee on Indian Affairs held an oversight hearing on the to spread his sale of meth to the Rosebud, Pine Ridge, problem of meth in Indian country. Yankton, and Santee Sioux Reservations. By targeting In- In addition, several federal districts have welcomed the dian reservations, Sagaste-Cruz sought to exploit jurisdic- opportunity to enter into partnerships with tribes to im- tional loopholes in Indian country. prove efforts to combat meth use in Indian country. For example, the U.S. Attorney’s Office for the District of Ari- Federal Solutions to the Problem zona worked with the Bureau of Indian Affairs, the Feder- The federal government and tribal governments have al Bureau of Investigation, and the Drug Enforcement Ad- taken steps to respond to the growing epidemic of meth ministration’s Phoenix Field Division to develop an initia- use in Indian country. The federal government has initiat- tive that addresses the threat of meth use in Indian coun- ed measures at the national level that should help tribes try. The proposed initiative focuses on training, education, battle meth use in their jurisdictions. In March 2006, the enforcement, and prosecution of suspects accused of Combat Methamphetamine Epidemic Act of 2005 went meth-related crimes. The U.S. attorney for the District of into effect. The act requires all regulated sellers of over- Arizona has also announced a zero-tolerance policy for the-counter medications containing pseudoephedrine, drug dealers, including meth dealers. ephedrine, and phenylpropanolamine—all of which are Furthermore, the U.S. Attorney’s Office for the District substances used to produce meth—to place those medica- of Arizona is conducting quarterly meetings with the local tions behind a counter or in a locked box. In addition, the tribes to discuss problems associated with violent crimes, act requires all consumers to show proper identification drug trafficking, and gang violence. The purpose of these and sign a logbook for each purchase and also limits the meetings is to improve communication between the U.S. number of daily and monthly sales of these products. It is attorney’s office and the tribes, to increase the number of anticipated that the requirements of the act will combine prosecutions, and to use available resources more effi- to make it more difficult for local producers of meth to ob- ciently. tain the substances they need to make meth. The act also created three new programs designed to provide grants for Tribal Solutions to the Problem efforts to control the use of meth, but, unfortunately, tribes In addition to the efforts undertaken by the federal were not included. Sens. John McCain (R-Ariz.) and Jeff government, tribes have also been actively engaged in de- Bingaman (D-N.M.) and Reps. Tom Udall (D-N.M.) and veloping solutions to the emerging meth epidemic in Indi- Dale Kildee (D-Mich.) currently have legislative bills pend- an country. Several tribes have developed provisions in ing that would correct this oversight. their tribal codes that criminalize the illegal possession, Other measures have come from the executive branch. use, or distribution of meth. For example, in February President George W. Bush released the 2006 Synthetic 2005, the Navajo Nation amended the Navajo Nation Con- Drug Control Strategy, which focuses on meth use. The trolled Substances Act of 2004 to include meth on the list President’s strategy proposes to reduce the use of meth of banned controlled substances. Similarly, the Uniform and the number of domestic meth laboratories significant- Controlled Substances Act of the Confederated Tribes of ly over the next three years. Moreover, the U.S. Depart- Siletz includes stimulants, such as meth, in its Schedule II ment of Housing and Urban Development adopted regu- of substances with a high hazard potential that are illegal lations that would prohibit an individual convicted of on the reservation. drug-related criminal activity for the manufacture or pro- The Washoe Tribe of Nevada and California has devel- duction of meth from living in federally-assisted housing. oped a two-pronged attack to combat the meth problem The federal government has also taken actions more on its reservation. First, the tribe has adopted a Meth Zero directly targeted to address the meth problem in Indian Tolerance Task Force Strategic Plan, called “Strong Heart country. The President’s Synthetic Drug Control Strategy and Strong Families,” specifically designed to address the recognized the importance of working with tribal authori- problem within the Washoe Tribe in a culturally sensitive ties to combat the meth problem and specifically called manner.
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