Statement of United States Attorney Trent Shores, Northern District of Oklahoma, Before the President’s Commission on Law Enforcement and the Administration of Justice

Chairman Keith, Vice Chair Sullivan, and Members of the Commission,

Thank you for the opportunity to testify today about law enforcement and the administration of justice in Indian Country. It is truly an honor to be here, not only as a United States Attorney, but also as a citizen of the Choctaw Nation of Oklahoma.

First, please know that my testimony today was shaped by my experiences over the past 18 years working with law enforcement officers, justice officials, and tribal leaders to address public safety challenges in Indian Country. I began my legal career at the Justice Department’s Office of Tribal Justice where I worked on a variety of criminal and civil law issues impacting individual Native Americans and federally recognized tribes, including state-tribal cross-deputation agreements, domestic violence intervention, and juvenile justice. Then, I served for more than a decade as a career federal prosecutor and tribal liaison in northern and eastern Oklahoma, where I had even more direct experience with the very real public safety challenges in Indian Country. I worked side by side with the Cherokee Nation Marshals Service, the Muscogee (Creek) Lighthorse, the Osage Tribal Police, the Bureau of Indian Affairs Office of Justice Services, and many others to investigate and prosecute violent crimes in Indian Country. Sadly, many of the public safety challenges in Indian Country that I saw early in my career persist today, especially violence against women and children and violence driven by substance abuse. I do not think these challenges are insurmountable, but I do believe we must collectively take action to address them – federal, state, and tribal partners working through collaborative law enforcement models to achieve a common mission to protect and serve our communities.

Today, I am honored to serve as the Chair of the Native American Issues Subcommittee, which is the oldest subcommittee of the Attorney General’s Advisory Committee and is vital to the department’s mission in Indian Country to build and sustain safe and secure communities for future generations.

The NAIS is currently made up of 52 U.S. Attorneys from across the United States whose Districts contain Indian Country or one or more federally recognized tribes. The NAIS focuses exclusively on Indian Country issues, both criminal and civil, and is responsible for making policy recommendations to the Attorney General of the United States regarding public safety and legal issues that affect tribal communities. To that end, this NAIS has continued the tradition of those who came before us by working diligently to develop public safety solutions for Indian Country.

We reviewed and considered the Department of Justice’s various approaches to improving public safety in Indian Country. We found that public safety challenges persisted despite the considerable effort and resources the department has committed to upholding the federal trust responsibility. To address those challenges, the Subcommittee identified four priority areas to improve public safety in Indian country: (1) Violent Crime; (2) Drug Trafficking and Substance Abuse; (3) Law Enforcement Resources; (4) White Collar Crimes.

The NAIS recommended specific policies to address each priority. The Attorney General’s Advisory Committee unanimously adopted and supported these recommended policies. Department of Justice personnel already are pursuing and implementing some of those policies.

NAIS and the Department have worked quickly because the problem is urgent. Year after year, I have seen violent crime and substance abuse continue to occur at higher rates in Indian country than anywhere else in the United States. This is. In order to improve public safety for Native Americans, we must take swift and bold action, and we must do so in partnership with tribal leaders and law enforcement officials who know their local community best. When comparing Indian country to similarly situated rural communities, it is clear that there are not enough police officers nor victim resources to adequately cover the needs of Indian Country. In my experience, police officers are vital to deterring crime, helping victims, and maintaining rule of law. Unless and until the Bureau of Indian Affairs and tribal police departments are more fully staffed, public safety challenges will persist. Additionally, we need better law enforcement training that will provide necessary techniques and resources to officers that respond to all crimes in Indian country, including cases of domestic violence and missing or murdered indigenous people.

There is no one-size-fits-all solution problems in Indian country. In the United States, there are 574 federally recognized Tribes. Each Tribe is unique in its governmental structure, cultural heritage, and law enforcement needs. Any solution must fit the local conditions of the tribe and include collaboration between tribal, state, and federal agencies.

Take my District as an example. There are 39 federally recognized tribes in Oklahoma, and 14 of those are in the Northern District. We have large tribes like the Cherokee Nation and Muscogee (Creek) Nation and smaller tribes such as the Pawnee, Miami, and Delaware Tribes. Each of these tribes have unique public safety needs and varied resources to address them. My team of Assistant United States Attorneys prosecutes a diverse array of violent crimes and encounters complex jurisdictional situations that require multijurisdictional cooperation between federal, state, and tribal entities to pursue justice for many victims. Based on my experience, I believe collaborative law enforcement models work best, especially for resource-challenged police departments in rural areas and in Indian Country.

Of course, collaborative law enforcement requires individuals on the ground to collaborate. This is not always the case throughout Indian country. There is occasional friction between some state and local officials with tribal officials. This friction sometimes harkens back to historical injustices. Other times, the friction is the result of more recent relational failures. That being said, it has been my experience in Oklahoma that when the men and women of law enforcement sit down in a room together – be they tribal, local, or state officers – they find a common bond born out of a common mission. Regardless of whom they work for, each and every member of the law enforcement joins because they believe selfless and courageous individuals must serve to keep their communities safe. Out of this common bond, comes productive partnerships. I know it is possible to forge great working relationship between tribal and local law enforcement where there previously had been none.

The Cherokee Nation Marshals Service, for example, now has more than 60 cross deputation agreements with state and local law enforcement agencies in northeastern Oklahoma. And the Wyandotte Nation Tribal Police contracted with the small community of Wyandotte, Oklahoma to provide dispatch and law enforcement services to the non-Indian community. The Tulsa Police Department now cross-deputizes its officers with area tribes to ensure seamless policing if and when crimes implicate different jurisdictions. These are the epitome of collaborative law enforcement partnerships among tribal, state, and local law enforcement, and the result is more comprehensive and better resourced law enforcement services. Collaborative law enforcement models should be a common and model practice throughout Indian country.

Indian Country Jurisdictional and Federal Law Enforcement Framework

Obstacles facing law enforcement in Indian Country begin with the extremely complex jurisdictional framework. Tribes always retain criminal jurisdiction over Indians within their lands. In the majority of Indian country jurisdiction the Federal government also exercises criminal jurisdiction over serious felonies. In some states, such as Alaska and California, Public Law 83-280 transfers Federal Indian country criminal jurisdiction to the state. In addition, there are unique stand-alone statutes that provide for jurisdiction over Indian country by the state and federal governments. Many of my esteemed panelists speaking here today come from jurisdictions in which the state has criminal jurisdiction in Indian county, and they are better positioned to describe criminal jurisdiction in a PL 280 state. For the remainder of my testimony, I want to focus on the most common Indian Country  jurisdictional  scheme  that  involves  the  federal  government serving  as  the  primary  violent crime prosecutor.  The United States Attorney is the chief federal law enforcement officer in his or her district.    

The U.S. Attorneys’ Offices with Indian country in their districts play a primary role in the Justice Department’s interactions with tribes. U.S. Attorneys’ Offices often are the central point of contact when federal involvement on reservations is necessary, from investigations to prosecutions to providing services to victims. Every U.S Attorney’s Office in a district that includes Indian country or a federally-recognized tribe has at least one Tribal Liaison and some districts have more than one. Along with the requirement that each relevant office appoint a Tribal Liaison, the U.S. Attorneys are required to hold annual consultations with tribes in their districts. In order to assist the U.S. Attorney’s Offices and the NAIS, as well as to serve as a liaison to other department components, the Executive Office for U.S. Attorneys (EOUSA) formally established the position of Native American Issues Coordinator. The primary responsibility for the investigation of federal crimes committed in Indian Country in states not covered by PL 83-280 (for instance, South Dakota, North Dakota, and Arizona) lies with the Federal Bureau of Investigation (FBI) and the Department of Interior, Bureau of Indian Affairs, Office of Justice Services (BIA OJS). These agencies have investigative responsibility for most felony crimes committed on approximately 200 Indian reservations. Currently, there are approximately 140 FBI Special Agents and 142 BIA Agents working in Indian Country—about 1.4 agent per reservation. These agents often serve as one of a very small number of federal agents investigating crimes on multiple reservations that are commonly separated by great distances. This reality means that federal agents depend on tribal law enforcement to serve as first responders and assist in the investigation of crime occurring in Indian Country.

Need for Enhanced Law Enforcement Resources

Law Enforcement resources are scarce in Indian Country. This very real lack of resources has led to tragic outcomes and complications for victims seeking justice. These types of cases and situations are all too common in Indian Country. We must improve our federal efforts to meet the needs of officers handling these difficult cases. We must give them the resources necessary to investigate and prosecute criminals while also helping them give a voice to victims.

The most important need to address crime in Indian country is boots on the ground. Federal law enforcement agencies lack the agents necessary to address the needs of tribal communities. Their tribal law enforcement counterparts are also too few in number, especially when stacked against comparable non-Indian communities. Public safety in Indian Country would be significantly enhanced by having local law enforcement staffed at levels comparable to similarly situated communities off-reservation. The Indian Country staffing issues facing FBI and BIA-OJS lead to regular personnel changes, which negatively impact criminal investigations and prosecutions. BIA-OJS law enforcement and funds for tribal law enforcement are insufficient, and the problem is amplified by severe recruiting and retention challenges that, especially for BIA, leave their force well below the appropriated level. Communication challenges between the FBI, BIA-OJS, and tribal law enforcement can exacerbate these and other problems. Funding streams, employee screening, incentives, and other alternatives must be considered and administered effectively to enhance federal investigative and prosecutorial capacity in Indian Country.

Following President Trump’s example, the NAIS supports bold ideas, and we need bold ideas to meet the daunting needs of Indian country.  From day one of his Administration, President Trump has championed the improvement of resources, public health, and public safety in rural America, including Indian Country. He has demonstrated a willingness to make bold moves that correct historical inefficiencies or bureaucratic disorganization that frustrate the delivery of a core government service to the public. As such, the NAIS looked at the Department of Justice’s and Department of Interior Bureau of Indian Affairs’ public safety roles in Indian Country. While some of the ideas are still being formed, I would appreciate the opportunity to get your thoughts when we move to the Q and A portion of the panel.

Improvements to Training are Essential

Indian Country presents unique challenges for all law enforcement working with tribal communities. Federal law enforcement must investigate crimes in Indian Country, such as felony assaults, that few who work in the agency outside of Indian Country ever investigate. They must deal with the complex jurisdictional framework discussed above. They also need to understand the cultures of the particular tribes with whom they work before entering and working with tribal communities.

To address this problem, the FBI and BIA OJS developed a joint training course that is held in Artesia, New Mexico. This training is jointly taught by FBI and BIA “mentors” and includes instruction in forensic evidence collection and preparatory instruction on investigations common to Indian country, such as domestic violence, child abuse, violent crimes, and drug trafficking. This course is held several times each year. Although this is an excellent initiative, we still see difficulties in getting FBI agents new to Indian country into this training before they begin their service in Indian country. Often, these agents work in Indian Country for three years only to transfer to another office. Insufficient training and a shifting personnel assignments lead to a breakdown in tribal and federal relationships and can negatively impact investigation and prosecutions.

The problem is more acute among tribal officers. When it comes to training for tribal law enforcement, the need in Indian country is great and constant. There is very little room for specialization when it comes to working violent crime on reservations and personnel turnover is typically high. First responders have to be skilled at crime identification, rendering first aid, evidence collection, conducting trauma informed victim interviews, eliciting pertinent information from witnesses and interrogating the suspect. These skills must be employed in every type of crime from misdemeanor trespass to the most heinous of rapes and murders. Frequently, the first responder is the first and only law enforcement official at the scene doing his or her best to manage community members frequently gathered, to safeguard the integrity of the crime scene and to conduct a preliminary investigation. All of this is against the background of the complicated criminal jurisdictional matrix found in Indian country where multiple jurisdictions may have the legal authority to investigate and prosecute the same offense.

Training provides these first responders, and also prosecutors, advocates, court staff and medical workers, the essential tools needed to safely and competently do their jobs. Ever since the passage of the Tribal Law and Order Act, the Department has worked hard to improve the training available to Indian country officers and agents. The Department believes that ensuring access to quality training is a necessary element to bolstering tribal autonomy. In July 2010, EOUSA launched the National Indian Country Training Initiative (NICTI) to ensure that federal prosecutors and agents, as well as state and tribal criminal justice personnel, receive the training and support needed to address the particular challenges relevant to Indian country prosecutions. Importantly, the Department covers the costs of travel and lodging for tribal attendees at classes sponsored by the NICTI. This allows many tribal criminal justice officials to receive cutting-edge training from national experts at no cost to the student or tribe.

But that training requires resources. With the resources it has, the Department has trained tens of thousands of criminal justice and social service personnel working in Indian country, many of which traveled to the National Advocacy Center in Columbia, SC, for training. These students represent more than 300 different tribes, USAOs, and federal, state, and tribal organizations serving Indian country. But despite that success, the NICTI and other training efforts in Indian Country have never received adequate resources. With additional resources dedicated to training law enforcement in Indian country, we could reach even more criminal justice and social service professionals working in and with tribal communities. We could take more training out into the field, making it easier for busy AUSAs, federal law enforcement, and tribal personnel located west of the Mississippi to attend these critical trainings. Resources for Department sponsored training is one important area that this Commission should consider.

Better Data is Vital for Improved Resource Allocation

At the same time, we know that we must use the resources we have more efficiently. For that, we need data. We have taken steps in the right direction. For example, Department attorneys now tag cases as Indian country cases in our internal case management system. DOJ investigative and prosecution information is reported to Congress and the public each year. But despite these steps, problems persist. One of the biggest issues we face is that tribes are not required to provide all crime data to the federal government. Currently, tribes are only required to report information to BIA-OJS that is included in the FBI’s Uniform Crime Report, which does not include many crimes of interest, such as domestic violence violations. Without this data, it is very challenging to check whether the Department is using its resources efficiently while addressing tribal public safety needs in individual locations. In addition, the Department developed the Tribal Access Program, which gives Tribes access to national crime databases and provides the ability for Tribes to enter protection orders and to utilize other important functions in these systems. The Commission should consider ways to foster improvements in law enforcement data collection and sharing needed to enhance justice for Native American and Alaska Natives.

The issues of missing and murdered indigenous people exemplifies the need for additional data. President Trump signed Executive Order 13898 on November 26, 2019, forming the two-year Presidential Task Force on Missing and Murdered American Indians and Alaskan Natives, of which I am a member. The Task Force, also known as Operation Lady Justice, focuses on enhancing the operation of the criminal justice system and addressing the legitimate concerns of American Indian and Alaska Native communities regarding missing and murdered people. The work of the Task Force is concentrated on meeting with tribal leaders and communities, improving the response by law enforcement, communities and systems, reviewing research and data collection, and developing an outreach campaign. It has become very apparent to the Task Force that some data about missing indigenous persons is incomplete and not up to date, and needs to be better utilized to ensure that all missing indigenous persons are being looked for. It is extremely difficult to develop a cure for a problem when its scope is unknown. The United States must continue to lead by example to promote and protect the inherent rights of indigenous people. We must work with our tribal and state partners to combat violence against Native Americans and Alaskan Natives by collecting better data to address their specific needs.

Call to Action

I have only touched the surface of the many obstacles law enforcement must overcome in Indian Country. The Department has made great strides to enhance public safety in tribal communities, but we have a long way to go. We recognize that our goal of lasting public safety in Indian Country is largely dependent on our commitment to empowering tribal governments and partnering with them tocarry out tribal solutions for challenges facing their communities. Additionally, we must improve coordination and collaboration at the federal, tribal, and state levels. Thank you for your work on this Commission and your dedication to improving public safety in Indian country and rural communities. I have no doubt that the policies and solutions you develop will hold the Department to the highest standards and will place law enforcement in Indian country in a prime position to better protect the communities these brave men and women serve. Thank you again for the chance to provide testimony today and I look forward to our panel discussion.  I am happy to answer any questions.