In October 2020, Congress passed the Not Invisible Act of 2019 (Public Law 116-166) which created the Not Invisible Act Commission to investigate the ongoing crisis of missing, murdered, and trafficked Indigenous persons and make recommendations to the Department of Interior and the Department of Justice to increase intergovernmental coordination in identifying and combating violent crimes within Indian lands. In the “Not One More” Report issued in November 2023, the Commission found thar over 84% of Native American men and women experience violence in their lifetime, and nearly 40% of Native American women experience sexual violence in their lifetime.
The Report details that the Commission held public hearings in seven states and hosted a two-day virtual hearing to gather testimony from public officials, law enforcement, subject-matter experts, state/Tribal/federal task forces, advocates, survivors, families, Tribal leaders, and others. The Commission also conducted site visits in Tribal communities. Approximately 260 oral and written testimonies were collected in total. The Report is available here.
The Commission’s recommendations shed light on the Federal government’s shortcomings while also outlining what needs to be done to address these longstanding issues of violent crime in Indian Country. In response to the Commission’s report, Interior and Justice identified six major concepts throughout the Report’s findings and recommendations to guide and inform each department’s efforts to address these issues. The Report made a number of findings and recommendations. In broad terms, the Commission recommended:
- Declare a Decade of Action and Healing in which the Federal government would be dedicated to addressing this crisis effectively.
- Congress must provide mandatory, consistent and predictable funding, and increase funding levels to address the crisis.
- Congress must address jurisdictional challenges faced by law enforcement in Indian Country and restore tribal jurisdiction.
- Federal agencies like Interior and Justice must improve communication, data sharing, and collaboration with each other and with Tribes as well as Federal, State, and local partners.
- Tribal, Federal, and State law enforcement authorities need increased resources and training.
- Greater support must be provided to victims, survivors, and families of those who have gone missing or been murdered.
Patterson Earnhart Real Bird & Wilson LLP is dedicated to the representation of American Indian tribes, tribal entities, and individual Indians across the United States. Our mission is to support and advance the sovereignty, self-sufficiency, and self-governance of our tribal clients.
To learn more about how we can assist your tribe, contact our Colorado office at 303-926-5292.