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Bipartisan PROTECT Act aims to combat drug trafficking in tribal communities

U.S. Senators Tina Smith and Steve Daines recently announced the bipartisan PROTECT Act, which is aimed at combating drug trafficking in Native American communities.

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WASHINGTON, D.C. — U.S. Senators Tina Smith and Steve Daines recently announced the bipartisan aimed at combating drug trafficking in tribal communities.

According to a release, drug traffickers exploit prosecutorial loopholes, including the fact that tribal courts do not have jurisdiction over non-Native American offenders who traffic illegal drugs onto tribal lands.

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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 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,” Smith said in the release. “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.

“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.”

The release notes that American Indians and Alaska Natives are two and a half times more likely to become victims of violent crime and are more likely to die of an overdose than other demographics. In 2021, American Indian Minnesotans were 10 times more likely to die from a drug overdose than white Minnesotans.

Over 1,000 Minnesotans died from opioid overdoses in 2023 alone.

“Protecting our most vulnerable members is the fundamental goal of all governments," said Shane Drift, interim chairman of the Bois Forte Band of Chippewa. "The PROTECT Act enhances tribal sovereignty and public safety and is an idea whose time has come."

Red Lake Tribal Chair Darrell Seki also thanked Sen. Smith for supporting the legislation.

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“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,” Seki said. “We look forward to working with Congress to enact this legislation.”

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