Tribal Criminal Jurisdiction Over Non-Indians:
Violence Against Women Reauthorization Act of 2022
Welcome to TribalVAWA.org
A website providing resources for Tribes concerning Tribal Criminal Jurisdiction over Non-Indians under the 2022 Reauthorization of the Violence Against Women Act (VAWA 2022).
For the first time since 1978, the Supreme Court decision in Oliphant v. Suquamish, Indian Tribal governments are prosecuting non-Indians who commit certain crimes on their lands. This website provides comprehensive information related to the prosecution of non-Indians in Tribal courts in compliance with the Violence Against Women Act (VAWA). This site includes background information about VAWA’s requirements and limitations, training and technical assistance materials, information on the crimes that can be prosecuted, and the due process protections that must be provided.
The 22nd Intertribal Working Group (ITWG) Meeting is planned for two full days: Tuesday June 25, 2024 and Wednesday June 26, 2024.
The Tribal Law and Policy Institute is pleased to announce a new publication, Tribal Criminal Jurisdiction over Non-Indians: Violence Against Women Act Reauthorization of 2022. This publication provides general guidance to assist tribes in making an informed decision concerning the possible exercise of tribal criminal jurisdiction over non-Indians.
Tribes interested in implementing VAWA are strongly encouraged to join the Intertribal Working Group (ITWG). The ITWG is a voluntary working group of designated tribal representatives who may exchange views, information, and advice, peer-to-peer, about how tribes may best implement VAWA, combat domestic violence, recognize victims’ rights and safety needs, and safeguard defendants’ rights.
The 22nd Intertribal Working Group (ITWG) Meeting is planned for two full days: Tuesday June 25, 2024 and Wednesday June 26, 2024.
On March 15, 2022, President Biden signed the Violence Against Women Act Reauthorization bill (VAWA 2022) as a part of the Omnibus funding bill (H.R. 2471). VAWA 2022 builds on VAWA 2013’s Tribal jurisdiction provision (covering domestic violence, dating violence, and protection order violations) by incorporating additional categories of criminal conduct that can be prosecuted by Tribes against non-Indians including sexual violence, stalking, sex trafficking, child violence, obstruction of justice, and assault against Tribal justice personnel. VAWA 2022 also creates a pilot program for Indian Tribes in Alaska to exercise Special Tribal Criminal Jurisdiction within Alaska Native villages; provides formal authorization for the Tribal Access Program (TAP); and reestablishes the U.S. Bureau of Prisons (BOP) Tribal Prisoner Program first authorized as a pilot in the 2010 Tribal Law and Order Act.
The Tribal provisions of VAWA 2022 are included in Title VIII of Division W of the overall bill. For more information, please check out the Section by Section Summary of VAWA 2022 Tribal Provisions by the Senate Committee on Indian Affairs and the Inter-Tribal Working Group Summary of VAWA 2022 Tribal Provisions.