FACT BRIEF
Does ICE have authority to act on tribal lands?
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
- U.S Department of Justice 679. The Major Crimes Act — 18 U.S.C. § 1153
- Justia.com Oliphant v. Suquamish Indian Tribe, 435 U.S. 191 (1978)
- Department of Homeland Security DHS Tribal Consultation Policy
- House.gov 25 U.S. Code § 2802 — Indian law enforcement responsibilities
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