Contemporary Issues
Federal Indian law is a dynamic field with a number of contemporary issues that are constantly evolving. Some of the most pressing issues include:
Jurisdictional disputes: The complex jurisdictional landscape in Indian Country, with overlapping federal, state, and tribal authority, often leads to disputes over which government has the power to regulate certain activities or prosecute certain crimes. The Supreme Court's recent decision in McGirt v. Oklahoma (2020) has further complicated this issue, particularly in Oklahoma, where a significant portion of the state is now recognized as Indian Country.
Treaty rights: Treaties between the U.S. government and Native American tribes are the supreme law of the land, but their interpretation and enforcement can be contentious. Tribes often assert treaty rights to hunt, fish, and gather resources on their traditional lands, which can conflict with state regulations and private property rights.
Indian Child Welfare Act (ICWA): ICWA is a federal law that seeks to protect the best interests of Native American children and families by establishing standards for the removal and placement of Native children in foster care or adoptive homes. The law has been challenged in recent years, with some arguing that it is discriminatory and outdated in Brackeen v. Haaland (2022).
Missing and Murdered Indigenous People (MMIP): The crisis of missing and murdered indigenous people, particularly women and girls, has gained increased attention in recent years. Tribal communities often lack the resources and jurisdiction to adequately address this issue, and there is a need for greater collaboration between federal, state, and tribal law enforcement agencies.
Climate change: Climate change poses a significant threat to tribal communities, which are often disproportionately impacted by environmental degradation and natural disasters. Tribes are working to adapt to climate change and advocate for policies that protect their lands and resources.
Economic development: Many tribal communities face high rates of poverty and unemployment. Tribes are pursuing various economic development strategies, including gaming, tourism, and natural resource extraction, but there are often challenges related to infrastructure, access to capital, and jurisdictional barriers.
These are just a few of the contemporary issues facing Indian Country today. Federal Indian law is a complex and ever-changing field, and it is important to stay informed about the latest developments and challenges.