Executive Summary
- A bipartisan bill, the Tribal Warrant Fairness Act, has been introduced to allow the U.S. Marshals Service to assist in tribal investigations of missing children.
- The legislation was proposed by Senators Markwayne Mullin (R-OK) and Catherine Cortez Masto (D-NV) to address jurisdictional challenges.
- The bill is a response to the high rates of violence and the ongoing Missing and Murdered Indigenous People (MMIP) crisis in the United States.
- It has garnered support from tribal leaders and advocates who see it as a necessary tool to enhance public safety in their communities.
A bipartisan bill has been introduced in the U.S. Senate that would authorize the U.S. Marshals Service to assist tribal law enforcement agencies in investigations involving missing indigenous children. The legislation, titled the Tribal Warrant Fairness Act, was proposed by Senators Markwayne Mullin (R-OK) and Catherine Cortez Masto (D-NV) to address jurisdictional gaps and combat the crisis of Missing and Murdered Indigenous People (MMIP).
The senators represent states with significant tribal populations; Oklahoma has 39 federally recognized tribes and Nevada has 28. Senator Mullin, a member of the Cherokee Nation, is the first tribal citizen to serve in the Senate in nearly two decades. “The Tribal Warrant Fairness Act is a commonsense solution to fill in the jurisdictional gaps and grant the United States Marshals Service authority to assist where needed with their unique capabilities,” Mullin stated.
The proposed law has received support from tribal advocates, including LaRenda Morgan, chairman of the Cheyenne and Arapaho Tribes MMIP chapter. Morgan was instrumental in the passage of Oklahoma’s “Ida’s Law,” named for her cousin who went missing in 2015. “I believe that those missing persons deserve to be looked for, and it doesn’t matter who’s looking for them as long as there is law enforcement out there,” Morgan said in support of the federal bill.
The Cherokee Nation also voiced its support for the measure. Principal Chief Chuck Hoskin Jr. noted that while the tribe’s own law enforcement is robust, federal assistance is welcome. “The MMIP crisis continues to devastate tribal families and communities nationwide,” Hoskin said. “The assistance of the United States Marshal Service would bolster our efforts to address this epidemic of violence.”
The legislation comes in response to stark statistics regarding violence in Native communities. According to the Department of Justice, Native Americans face rates of violence higher than the national average. A National Institute of Justice study found that more than four in five American Indian and Alaska Native women have experienced violence. In 2020, the Centers for Disease Control and Prevention reported that homicide was a leading cause of death for this demographic.
Legislative Goals
The Tribal Warrant Fairness Act aims to provide a critical federal resource to tribal communities grappling with disproportionately high rates of violence and missing persons cases. By allowing the U.S. Marshals Service to intervene and assist, the bill seeks to enhance public safety and bring more resources to bear on the MMIP crisis.