Protecting Native Families: Readout from the 2024 Tribal Consultation

ALBUQUERQUE – Last month, U.S. Attorney Alexander M.M. Uballez, federal prosecutors, and other staff from the United States Attorney’s Office met with delegations from 17 Tribes, the All Pueblo Council of Governors, and the Bureau of Indian Affairs to address critical issues facing Native communities, including the devastating impact of fentanyl and the need for enhanced law enforcement training and retention. The consultation was held on July 18 and 19, 2024 at the University of New Mexico’s School of Law.

Tribal leaders from the Pueblo of Zuni, Pueblo of Sandia, Pueblo of Santa Clara, Jicarilla Apache Nation, Pueblo of Laguna, Navajo Nation, Pueblo of Picuris, Pueblo of Jemez, Pueblo of Zia, Pueblo of San Felipe, Pueblo of Isleta, Pueblo of Nambe, Pueblo of Pojoaque, Pueblo of Tesuque, Mescalero Apache, Pueblo of Acoma, and the Pueblo of San Ildefonso were present along with representatives from the Bureau of Indian Affairs. This years’ consultation focused on protecting native families.

U.S. Attorney Alexander M.M. Uballez initiated the Tribal consultation by reaffirming his office's commitment to serving Tribal communities, describing it as one of his "greatest honors" as the United States Attorney for the District of New Mexico. To underscore this commitment, U.S. Attorney Uballez highlighted the increased resources allocated for community outreach, education, and training for Tribal law enforcement, as well as the expansion of the Indian Country Crimes (ICC) section with the hiring of four Assistant U.S. Attorneys to more effectively address violent crime on Tribal lands.

Since August 2023, Uballez has personally met with ten different Tribes and Pueblos, fostering direct communication and gaining a deeper understanding of their unique needs and concerns. In addition to the U.S. Attorney meeting personally with Tribes and Pueblos, AUSA Tribal Liaisons have meet and coordinated with Tribal leaders and law enforcement separately throughout the year. The United States Attorney's Office engaged in 28 community outreach activities like meetings, presentations, and tabling at Tribal events.

In addition to community engagement, the United States Attorney’s Office has conducted nine training sessions for Tribal and Pueblo law enforcement and community providers, enhancing their capabilities to address crime and public safety issues effectively. These outreach and training efforts have reached over 1,000 people, totaling 52.5 hours of dedicated time.

Furthermore, the United States Attorney’s Office, through Law Enforcement Coordinator Alyssa Skrepcinski, has facilitated the allocation of more than $10 million in grants for Tribes in the last year, providing crucial resources to enhance public safety, support victim services, and strengthen Tribal justice systems.

The United States Attorney's Office for the District of New Mexico is notable for being the first federal prosecutor's office in the country to establish a dedicated Indian Country Crimes section, which was created in 2010. This unique organizational structure enables the office to take a proactive and specialized approach to addressing criminal justice issues in Native American communities with training initiatives, community outreach and enhanced coordination among Tribal, state and federal agencies.

U.S. Attorney Uballez also underscored the positive impact of the office’s Tribal liaison program, which differs from other districts by assigning one Assistant U.S. Attorney to two Tribes, rather than having a single liaison for all Tribes in a district. This approach has led to increased communication between his office and the Tribes, enhancing government-to-government relations.

Nearly all of the participants described the deleterious effects of Fentanyl on their communities, culture and family ties, and described how it is leading to more violent crime in their community and higher death rates and incidents of homelessness amongst their members.

During the consultation, U.S. Attorney Uballez outlined a comprehensive strategy to combat fentanyl trafficking and its impact on Tribal communities:

• Expansion of Organized Crime Section: The U.S. Attorney has increased the size of the Organized Crime section to target criminal structures and organizations importing fentanyl across the southern border.
• Dedicated Drug Prosecutors: For the first time, two ICC prosecutors have been designated as drug prosecutors, focusing on building resources and cases related to drug trafficking.
• DEA Collaboration: The office is engaging with the Drug Enforcement Administration to expand its presence and operations in Tribal communities.
• Education Initiatives: The U.S. Attorney plans to enhance efforts to educate parents and law enforcement about the dangers of fentanyl and other illicit drugs.
• Support Services: Secure federal funding for developing support services to treat addiction, aiming to reduce demand for drugs in Tribal communities.

Many participants commended the office’s ongoing efforts to enhance communication and relations with the Tribes, noting the ease of reaching their liaison for responses, the personal visits made by the U.S. Attorney to Tribal leadership, and the active participation of liaisons in Tribal events.

“To know that you put a lot of effort and energy to expanding this program to Indian Country, we’re all sincerely, sincerely grateful for that, because now we have someone, a face.” Pueblo of Jemez Police Chief Roger Foster said.

“We appreciate seeing your faces out there. We appreciate you being out there and letting us know who you are and what you do and to hear your voice, to know that you are there for our people.” Navajo Nation Vice President Richelle Montoya said. “The Navajo Nation appreciates that very much.”

Regarding Missing and Murdered Indigenous Persons (MMIP) cases, Tribal representatives voiced deep concerns over persistent communication gaps, unresolved investigations, and the ongoing struggle to provide closure for affected families and communities, highlighting the complex challenges in addressing this critical issue. ICC Supervisor Elisa Dimas touted the office’s efforts to help law enforcement agencies establish Tribal Community Response Plans for MMIP cases and offered to help Tribes who did not have one in place yet put one in place.

This initiative, combined with the specialized focus of MMIP AUSA Eliot Neal, aims to improve coordination and response to MMIP cases, addressing some of the communication and investigative challenges raised by Tribal representatives. The establishment of these plans can potentially enhance the handling of MMIP cases by providing a structured framework for communication, action, and cooperation between Tribes and law enforcement.

Nearly every Tribe emphasized the critical need for assistance in both training and retaining their law enforcement personnel. Tribal representatives highlighted several key challenges:

• Training: Tribes are seeking comprehensive training programs that cover a wide range of law enforcement skills, including investigative techniques, evidence gathering and report writing.
• Retention: Retention of trained law enforcement officers is a significant concern. Tribes reported high turnover rates due to factors such as competitive salaries offered by non-Tribal law enforcement agencies, limited career advancement opportunities, and the demanding nature of the job.
• Funding and Resources: Many Tribes called for federal assistance in securing grants and other financial support to build and sustain robust law enforcement departments.
• Collaborative Partnerships: Tribes are also interested in establishing partnerships with federal, state, and local law enforcement agencies to share resources, expertise, and training opportunities.

To highlight the ability of the Tribes to use the office to build collaborative partnerships, Pueblo of Sandia Tribal Police Chief Adrian Montoya described how his department had leveraged the United States Attorney’s Office to build partnerships with the Albuquerque Police Department, Bernalillo County Sheriff’s Office and District Attorney’s Office, the Federal Bureau of Investigation, and the Department of Homeland Security.

Regarding training, Navajo Nation Vice President Montoya said “tell us what we need to do. Our officers are hungry. They’re ready. They’re wanting to know what they can do.”

U.S. Attorney Uballez, Indian Country Crimes Section Supervisor Elisa Dimas and Deputy Supervisor Alexander F. Flores, along with Tribal Liaisons Eliot Neal, Nicholas Marshall, Brittany DuChaussee, Matthew McGinley, Caitlin Dillon, Robert Booth, Zachary Jones, Mia Ulibarri-Rubin, Jena Ritchey, Mark Probasco, Joni Stahl, and Meg Tomlinson as well as Law Enforcement Coordinator Alyssa Skrepcinski received the comments and engaged in discussion with Tribal representatives.

Former President Barack Obama signed the Memorandum on Tribal Consultation on Nov. 5, 2009. The Memorandum pronounces Tribal consultations “a critical ingredient of a sound and productive Federal-Tribal relationship.” The president further directed all federal agencies to develop a detailed plan of the actions taken to fully implement former President Bill Clinton's Executive Order 13175 on “Consultation and Coordination with Indian Tribal Governments” within ninety days. Within 270 days and annually thereafter agencies were directed to provide a progress report on implementation and any updates to the plan. Executive Order 13175 sets forth criteria “to establish regular and meaningful consultation and collaboration with Tribal officials in the development of Federal policies that have Tribal implications.”

The District of New Mexico embraces this responsibility and the principles of Tribal sovereignty and Indian self-determination by actively promoting public safety in Tribal communities, recognizing the unique cultural heritage of New Mexico's Native American Tribes, and fostering government-to-government relationships.

 (Foreground, left to right) ICC Deputy Supervisor Alexander F. Flores, ICC Supervisor Elisa Dimas, U.S. Attorney Alexander Uballez (Background, left to right) AUSA Mark Probasco, Law Enforcement Coordinator Alyssa Skrepcinski, Criminal Chief Kristopher Houghton

 (Left to right) ICC Supervisor Elisa Dimas, Pueblo of Jemez PD CI Allison Lucero, U.S. Attorney Alexander Uballez, Pueblo of Jemez PD Chief Roger Foster

(Left to right) Navajo Nation Attorney Prosecutor Kevin Barnett, ICC Supervisor Elisa Dimas, U.S. Attorney Alexander Uballez, Navajo Nation Council Delegate Amber Kanazbah Crotty

 (Left to right) ICC Deputy Supervisor Alexander F. Flores, ICC Supervisor Elisa Dimas, U.S. Attorney Alexander Flores, Law Enforcement Coordinator Alyssa Skrepcinski

U.S. Attorney Alexander Uballez, Supervisor Elisa Dimas and Deputy Supervisor Alexander Flores listen as Jicarilla Apache Tribal Prosecutor Tonita Vigil and Vice President Sonja Newton speak

(Foreground, left to right) Pojoaque Tribal PD Chief Freddie Trujillo and Major Nathan Barton. (Background, left to right) ICC Deputy Supervisor Alexander F. Flores, ICC Supervisor Elisa Dimas, U.S. Attorney Alexander Flores, Assistant U.S. Attorney Mark Probasco, First Assistant U.S. Attorney Holland Kastrin, Law Enforcement Coordinator Alyssa Skrepcinski

Artwork by James Sanchez

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