g A Brief from the Montana Advisory Committee May 2019 Bordertown Discrimination in Montana Summary Findings and Policy Implications n 2001, the Montana State Advisory Committee (SAC) to the United States Purpose, Scope, and Methods Commission on Civil Rights issued a report I The U.S. Commission on Civil Rights is an analyzing the disparities in education between Native Americans and Whites in Montana. The independent, bipartisan agency established by Committee made recommendations for stemming Congress and directed to study and collect information relating to discrimination or a denial of dropout rates, low achievement levels, low test equal protection of the laws under the Constitution scores, and little advancement to higher because of race, color, religion, sex, age, disability, education by Native Americans. national origin, or in the administration of justice. As part of its continuing assessment of progress The Commission has established advisory in the conditions of Native Americans in the state, committees in each of the 50 states and the District the Montana SAC held a series of community of Columbia. These state advisory committees briefings designed to examine alleged (SACs) are composed of state citizens who serve discrimination against Native Americans in without compensation. State advisory committees border towns. advise the Commission of civil rights issues in their states that are within the Commission’s jurisdiction. In August 2016, the Montana SAC held a In July 2015 the Montana SAC by unanimous vote community briefing in Billings, the largest metropolitan area in the state, to determine the selected Border Town Discrimination as its project prevalence of discrimination in the social and topic for study. economic relationships of Native Americans and The Montana SAC held two separate community the white community. The Committee held a briefings. The first was held in Billings, in August second briefing in March 2018 in Hardin, a town 2016, The second was held in Hardin March 2018. bordering a Crow reservation. The briefings Invitees included law enforcement, revealed anecdotal evidence suggesting local/county/state/federal/tribal officials, continued disparity and or discrimination in the representatives from community organizations, and areas of education, healthcare, voting, and the members of academia. Additionally, each briefing administration of justice. provided an open session for the community at large to make comments. According to many panelists, whether systemic discrimination exists or not, the perception of This brief presents a review of the issues unfairness among Native Americans is so addressed, identifies key findings of the pervasive that it negatively affects Native Committee, and provides policy recommendations. Americans’ experiences in border towns. 1 The federal government recognizes seven Tribes in Montana 1: the Assiniboine & Sioux Tribes of the Fort Peck Indian Reservation, the Blackfeet Tribe of the Blackfeet Indian Reservation, The Chippewa Cree Indians of the Rocky Boy’s Reservation, the Confederated Salish & Kootenai Tribes of the Flathead Reservation, The Crow Tribe of Montana, the Fort Belknap Indian Community of the Fort Belknap Reservations, and the Northern Cheyenne Tribe of the Northern Figure 1 Montana Native American Reservations – US Cheyenne Indian Reservation. (See fig. 1) Dept. of Agriculture. 5 Each of the federally recognized tribes is a nation Summary Findings of the Montana SAC unto itself, sovereign, self-determining and self- governing. Each tribe maintains a government-to- In 2015 the Montana Advisory Committee government relationship with the United States. embarked on a study of Bordertown communities in Montana. Communities near American Indian American Indians have a unique relationship to reservations are frequently referred to as border the U.S. government because they are dual towns. 6 The Montana Advisory Committee held citizens: U.S. citizens and tribal citizens. This public briefings to collect testimony regarding relationship creates a complex set of laws discrimination in Montana border towns. The regarding civil rights protections. 2 Native following is a representation of the testimony Americans are subject to mostly federal 3 collected at these public briefings and reflects jurisdiction in Indian Country , but are subject to primarily the experience of the Crow and state and local laws when not on reservation land. Northern Cheyenne reservations. Discrimination against Native Americans is THE ADMINISTRATION OF JUSTICE common. According to a Harvard study, more than one in three Native Americans report The Administration of Justice, in this study, is a experiences of slurs, offensive comments, threats compendious term that stands for all the or harassment, and violence. Thirty eight percent complexes of activity that operate to bring the of Native Americans say they or a family member substantive law of crime to bear, or to keep it have experienced violence because they are from coming to bear, on persons who are Native, with 23 percent saying they have been suspected of having committed crimes in the state sexually harassed. 4 of Montana. The term refers to the rules of law that govern the detection, investigation, 1 U.S. Dept. of Int., Bureau of Indian Affairs, Tribal Leaders Directory Dataset (2018), https://www.bia.gov/tribal- leaders-directory. 2 See Appendix 2. 3 “Indian Country” is a codified term which refers to lands referred to as “Indian Reservation[s],” though it also includes many others. 18 U.S.C. § 1151 (2006). 4 Todd Datz, Harvard Chan School of Public Health, Poll Finds More than one-third Native Americann(2017). 5 U.S. Dept. of Ag., public domain, https://www.nrcs.usda.gov/wps/portal/nrcs/mt/about/outreach/tribal/. 6 See; Navaho Nation Human Rights Commission. http://www.nnhrc.navajo-nsn.gov/docs/Border%20Towns.pdf; UNM newsroom article. https://news.unm.edu/news/border-town-bullies-goes-international. IndianZ story. https://www.indianz.com/News/2006/07/13/border_town_rac.asp. Arizona Daily Sun. https://azdailysun.com/news/border-town-bias-against-navajos-in-dispute/article_40ea515e-389c-5402-a20b- b1773c020b46.html. 2 apprehension, interviewing, and trial of persons • Native Americans in Montana are generally suspected of crime and those persons whose slightly overrepresented as victims of responsibility it is to work within these rules. The violent crime. 10 administration of justice is not confined to the courts; it encompasses officers of the law and Montana Incarceration Rates others whose duties are necessary to ensure that the courts function effectively. 30 20 The administration of justice then, can be fallible 10 since the factor of human judgement cannot be 0 programmed out. White Nat ive Americ an The testimony gathered in Billings and Hardin Nat ive White include the following: Statewide Figure 2: Montana Incarceration rate per 1,000 people in that racial group.11 • Native Americans make up 6.6% of the • Crime in Montana has decreased 18% from population in Montana. They represent 18% 2000 to 2014, yet the arrest rates have of those arrested in 2016, and currently increased by 12% during the same period. 12 comprise 22% of the jail population in Montana. 7 • The number and proportion of arrests involving revocations, violations, failure to • Native American women in particular are appear, etc. has increased by 15% and disproportionately incarcerated, making up accounts for 45% of the increase in total roughly 3% of the population and arrests. 13 accounting for 36% of incarcerated women. 8 • A member of the Montana Sentencing Commission told the committee the increase • For the period 2013-2014 Native Americans in arrests is not new crime, but rather the in Montana were generally overrepresented State is arresting more people who are as the arrestees for 11% of deliberate unable to comply with parole conditions, homicide, 14% for rape, 28% for robbery, who are revoked, and who are at risk of 19% for aggravated assault, 12% of failure to appear.14 burglaries, 20% of motor vehicle thefts, and 9% of DUIs.9 • A common problem for Native Americans living on reservations is the inability to comply with court requirements due to the 7 Prison Policy Initiative, Montana Profile, (2019) https://www.prisonpolicy.org/profiles/MT.html. 8 Caitlin Borgman, Testimony before the Montana Advisory Committee to the U.S. Commission on Civil Rights, hearing, Billings, MT, Aug. 29, 2016, transcript, p.83 (hereafter cited as Hearing Transcript 1). 9 Brent Brooks, Testimony before the Montana Advisory Committee to the U.S. Commission on Civil Rights, hearing, Billings, MT, Aug. 29, 2016, transcript, p.48 (hereafter cited as Hearing Transcript 1). 10 Brooks Testimony, Hearing Transcript 1, p. 48. 11 Prison Policy Initiative, Montana Profile, (2019) https://www.prisonpolicy.org/profiles/MT.html. 12 Majel Russell, Testimony before the Montana Advisory Committee to the U.S. Commission on Civil Rights, hearing, Billings, MT, Aug. 29, 2016, transcript, p.88 (hereafter cited as Hearing Transcript 1). 13 Id. at p.90. 14 Id. at p.90. 3 distance between the reservation and the • Assistant U.S. Attorney Francis said that in location of court ordered supervision. 15 2013 there was an alleged round-up of homeless and intoxicated Native • Most Native Americans living on Americans. They were held in holding areas reservations are low-income, lack reliable without due-process until after a local rodeo transportation, and live in rural areas. The