The Nevada Independent

Nuestro estado. Nuestras noticias. Nuestra voz.

The Nevada Independent

FACT BRIEF

Does ICE have authority to act on tribal lands?  

By Isabella Aldrete on 03/04/2026

Yes.

The federal government has broad authority to enforce federal crimes, such as crossing the border illegally, on tribal lands per the The Major Crimes and the Indian Country Crimes acts. A 1978 Supreme Court case also ruled that tribal courts do not have inherent criminal jurisdiction to try and punish non-Native Americans.

However, several federal directives stipulate that the federal government must coordinate with tribal governments on enforcement activity. Department of the Homeland Security (DHS) directive 071-04 requires that DHS consults with tribes in a “timely” and “meaningful” manner on actions with tribal implications. 

The Office of Justice Services in the Department of the Interior — responsible for the management of most federal lands — must also conduct “meaningful and timely consultation” regarding any federal actions that affect public safety in Indian country. 

This fact brief is responsive to conversations such as this one.

The Nevada Independent partners with Gigafact to produce fact briefs — bite-sized fact checks of trending claims. Read our methodology to learn how we check claims.

Sources

SHARE
Notice something wrong? Drop us a message at [email protected].
Tipline
Request a
FACT BRIEF
Use the tipline to request The Indy do a Fact Brief on a claim you identified.
Ideal candidates for Fact Briefs have a verifiable Yes/No answer from primary and public data sources.

It’s up to all of us to spread the truth.

The Nevada Independent is always on the lookout for claims that could use a fact check. But we could use your eyes and ears too. If you're on social media or consuming news and come across a statement that raises questions for you — let us know.

In the meantime, if you think this work is important, please show your support by making a donation of any amount today. Your contributions help us devote more reporters and editors to finding and checking claims, ensuring that Nevadans have the best information possible during this important time in our state’s history.