Markey, Boren Praise Obama Push to Bolster Domestic Violence Enforcement on Native American Lands

Press Release

Responding to an epidemic of domestic violence in Native American communities, especially against women, the Obama administration's Department of Justice today urged Congress to enact legislation that would increase protections against domestic violence in Indian country. Reps. Ed Markey (D-Mass.) and Dan Boren (D-Okla.) praised this new effort to address the shortcomings of current law that often allow non-Indian perpetrators to escape criminal investigations and prosecutions by tribal authorities when domestic violence is committed on tribal land.

The proposed legislation, which was announced in anticipation of the reauthorization of the Violence Against Women Act later this year, would recognize certain tribes' concurrent criminal jurisdiction to investigate, prosecute, convict and sentence Indian and non-Indian perpetrators of domestic violence crimes against Indian spouses, intimate partners, or dating partners, or who violate protection orders, in Indian country.

Currently, when a non-Indian assailant commits a crime against an Indian on most tribal lands, the federal government has the exclusive authority to investigate and prosecute the crime, and the local tribal courts and tribal police do not. That means federal agents must respond to a crime that could be taking place hundreds of miles away.

"The current jurisdictional framework for prosecuting domestic and dating violence against Native women has created an epidemic of unprosecuted crimes in Indian country," said Rep. Markey, the Ranking Member of the Natural Resources Committee, which has jurisdiction over Indian affairs. "I fully endorse and support the Obama administration's efforts to address this serious problem and look forward to working with the Department of Justice on this important legislation."

"I am pleased that the administration has brought focus to this important issue facing tribal communities," said Rep. Boren, the Ranking Member of the Subcommittee on Indian and Native Alaskan Affairs. "The current law does not provide adequate recourse for Native American women who have been victims of domestic violence, and a change is long overdue. I look forward to working with Congressman Markey to move this legislation forward."

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