Jonah Patel
The term Indian Country refers to lands under the control of Native nations, including Indian reservations and trust lands on the Oklahoma Tribal Statistical Area. In 2020, the Supreme Court ruled in McGirt v. Oklahoma that much of eastern Oklahoma is Indian Country, meaning tribal law and federal law apply in criminal cases involving Native citizens. This decision has had significant implications for the legal system in Oklahoma, with an unknown number of tribal citizens now able to seek retrial in federal court.
| Characteristics | Values |
|---|---|
| Year of statehood | 1907 |
| Supreme Court ruling | In 2020, the Supreme Court ruled that the Muscogee Reservation was never disestablished by Congress, and almost the entire eastern half of Oklahoma was found to have remained Indian country |
| Previous ruling | In 1979, the Oklahoma attorney general concluded that there was no 'Indian Country' in Eastern Oklahoma |
| Population | Over one million people reside within Indian Country in the NDOK, and Oklahoma has the second-highest American Indian/Alaska Native population (12.9%) |
| Tribes | 14 Federally recognized tribes: Cherokee Nation, Muscogee (Creek) Nation, Modoc Nation, Osage Nation, Delaware Tribe of Indians, Seneca-Cayuga Tribe, Miami Tribe of Oklahoma, Peoria Tribe of Indians of Oklahoma, Quapaw Tribe, Wyandotte Tribe, Eastern Shawnee Tribe of Oklahoma, Pawnee Nation, Ottawa Tribe of Oklahoma, and Shawnee Tribe |
| Legal system | Tribal law and federal law apply in criminal cases involving Native citizens in Indian Country, not state law |
| Prosecution | The U.S. Attorney's Office is responsible for prosecuting certain crimes that occur in Indian Country involving Native American defendants and/or victims |
| Jurisdiction | Tribal police and federal law enforcement investigate crimes in Indian Country, including theft, embezzlement, murder, assaults, firearm, and drug crimes |
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What You'll Learn
The term Indian country
The term "Indian country" refers to lands under the control of Native nations, including Indian reservations, trust lands on the Oklahoma Tribal Statistical Area, or areas where large numbers of Native Americans live. The boundaries of what constitutes "Indian country" have changed over time due to various treaties and acts passed by the United States government.
In the early 19th century, American presidents pursued a policy of Indian removal, which was aggressively pursued by President Andrew Jackson after the passage of the Indian Removal Act of 1830. This led to the displacement of the Five Civilized Tribes (the Cherokee, Choctaw, Chickasaw, Creek, and Seminole) and other Eastern American tribes, who were forced to relocate to the Indian Territory, which included what is now Oklahoma.
In 1854, the Kansas-Nebraska Act reduced Indian Country to approximately the boundaries of the current state of Oklahoma. The 1889 measure further specified enclosed boundaries for the Indian Territory, bounded by Texas on the south, Arkansas and Missouri on the east, Kansas on the north, and New Mexico Territory on the west.
In 1906, the Oklahoma Enabling Act was passed, combining the Oklahoma Territory and Indian Territory to form the single state of Oklahoma. This effectively extinguished Indian Territory as a separate entity, and formally incorporated the tribes and residents into the United States. However, the act also preserved the authority of the United States government over the Indians, their lands, and property.
Despite the creation of the state of Oklahoma, Indian reservations remain within its boundaries and are largely exempt from state jurisdiction. In 2020, the Supreme Court case McGirt v. Oklahoma ruled that the Muscogee Reservation was never disestablished by Congress, and as a result, much of eastern Oklahoma is considered Indian Country, where tribal law and federal law apply in criminal cases involving Native citizens.
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Tribal lands and Native nations
The term "Indian country" signifies lands under the control of Native nations, including Indian reservations, trust lands on the Oklahoma Tribal Statistical Area, or areas where large numbers of Native Americans live. In 2020, the United States Supreme Court prompted a review of tribal lands through its decision in McGirt v. Oklahoma, which ruled that the Muscogee Reservation was never disestablished by Congress. This decision led to the recognition of almost the entire eastern half of Oklahoma as Indian country.
The history of Indian country in Oklahoma is complex and marked by a series of treaties and laws that shaped the relationship between Native nations and the United States government. Between 1814 and 1840, the Five Civilized Tribes ceded most of their lands in the Southeast US through treaties. The Indian Removal Act of 1830, aggressively pursued by President Andrew Jackson, forced the displacement of these tribes to what became the state of Oklahoma, in what came to be known as the Trail of Tears. The Kansas-Nebraska Act of 1854 further reduced Indian Country to the approximate boundaries of the current state of Oklahoma.
In 1889, a law established a federal court system based in Muskogee, assuming judicial authority over Indian Country. The following year, the Oklahoma Organic Act created the Oklahoma Territory from part of Indian Territory, in anticipation of admitting both territories as a single state of Oklahoma. In 1906, Congress passed the Five Tribes Act and the Oklahoma Enabling Act, which provided for the admission of Oklahoma as a state and preserved the authority of the US government over Indian lands and property. However, with Oklahoma statehood in 1907, Indian Territory was effectively extinguished.
Despite these changes, Indian reservations remain within the boundaries of US states and are largely exempt from state jurisdiction. In the Northern District of Oklahoma (NDOK), eight full and one partial county out of 11 counties within the district are reservations. Additionally, NDOK contains Indian lands classified as trust land or restricted allotment land. Over one million people reside within Indian Country in NDOK, which includes federally recognised tribes such as the Cherokee Nation, Muscogee (Creek) Nation, Osage Nation, and many others.
The rediscovery of Indian Country in eastern Oklahoma has had significant implications for criminal justice in the state. The Supreme Court ruling in McGirt v. Oklahoma affirmed that tribal law and federal law, not state law, apply in criminal cases involving Native citizens in eastern Oklahoma. This ruling has led to questions about the quality of justice for Natives and non-Natives, as well as the potential for retrials in federal court for tribal citizens previously convicted of felonies in state courts. While the federal government has assumed responsibility for prosecuting serious crimes in Indian Country, there are concerns about their ability to handle the influx of legal cases and their historical lapses in handling cases involving tribal reservations.
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The Oklahoma Enabling Act
The Act included several requirements for the Oklahoma Constitution. It preserved freedom of religion and prohibited polygamy and plural marriage. The manufacture, sale, barter, or gift of liquor was banned for 21 years, after which the constitution could be amended. A dispensary system was established for medicinal alcohol, and denatured alcohol was allowed for industrial use. The Act also mandated the establishment of public schools, which were to be non-sectarian and conducted in English, with the provision that foreign languages could be taught. The right to vote was extended to all males, regardless of race or past servitude. Oklahoma was to have five representatives and two senators in Congress, and judicial districts and a Supreme Court were also mandated.
The Act also addressed the rights of Native Americans, stating that nothing in the constitution should "limit or impair the rights of person or property pertaining to the Indians of said Territories." It preserved the authority of the US government over Native Americans and their lands, requiring the state to disclaim "all right and title" to these lands. This was further emphasised in the Five Tribes Act, passed the same year, which continued the "tribal existence and present tribal governments" of the Five Civilized Tribes in the Indian Territory.
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The Trail of Tears
The Five Civilized Tribes were the Cherokee, Chickasaw, Choctaw, Muscogee, and Seminole nations, who were living autonomously in the American Deep South. The Choctaw removals starting in 1831 gave the trail its name, with the trail ending in what is now Arkansas and Oklahoma. The Cherokee removal in 1838 was the last forced removal east of the Mississippi. The relocated peoples suffered from exposure, disease, starvation, and thousands died en route to their newly designated Indian reserve.
The roots of forced relocation lay in greed, with American settlers encroaching on Indian lands and pressuring the federal government to remove Indians from the Southeast, making more land available to settlers. This policy was justified by the myth of the "Vanishing Indian", an ideology that made declining Indigenous American populations seem to be an inevitable consequence of natural processes, allowing Americans to evade moral responsibility. The negotiation of the Treaty of New Echota, signed by a minority Cherokee political faction, became the legal basis for the Trail of Tears. Only a fraction of the Cherokees left voluntarily, with the U.S. government forcing most of the remaining Cherokees west with the assistance of state militias.
In 1987, the U.S. Congress designated the Trail of Tears as a National Historic Trail in memory of those who suffered and died during the removal. More recently, in 2020, the United States Supreme Court prompted a review of tribal lands through its decision in McGirt v. Oklahoma, which resulted in almost the entire eastern half of Oklahoma being found to have remained Indian country.
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Tribal sovereignty and public safety
The term "Indian country" is used to signify lands under the control of Native nations, including Indian reservations and trust lands on the Oklahoma Tribal Statistical Area. In 2020, the United States Supreme Court prompted a review of tribal lands through its decision in McGirt v. Oklahoma, which ruled that the Muscogee Reservation was never disestablished by Congress. This led to the conclusion that almost the entire eastern half of Oklahoma was, in fact, Indian country.
The recognition of tribal sovereignty and the existence of Indian country in Oklahoma have significant implications for public safety. The jurisdictional framework between Indian tribes, the federal government, and states is complex, especially regarding criminal jurisdiction. The 2013 and 2022 Violence Against Women Act (VAWA) reauthorizations allowed Tribal justice systems to exercise criminal jurisdiction in certain cases over non-Indians. Following the McGirt decision, Congress provided an additional $62 million in funds to support Tribes in Oklahoma to enhance public safety.
The Supreme Court's ruling in Oklahoma v. Castro-Huerta in 2022 further altered the status quo by holding that the federal government and states have concurrent jurisdiction over crimes committed by non-Indians against Indians in Indian country. This introduced uncertainty for Tribal governments and Indian victims, as it is now possible for state prosecutors to accept or decline cases involving such crimes without obtaining consent from the Tribe.
To address these complexities and promote Tribal sovereignty, the Department of the Interior is working to understand the implications of the Castro-Huerta decision and continue fulfilling its obligations to strengthen Tribal jurisdiction. President Biden also issued Executive Order 14053 in 2021 to improve public safety and criminal justice for Native Americans and address the crisis of missing or murdered Indigenous people.
Oklahoma has also taken steps to respect Tribal sovereignty and advocate for tribal nations through the creation of the Office of Tribal Liaison (OTL) in 2012. The OTL seeks to foster inclusive partnerships with tribal nations and embrace their unique culture, beliefs, and value systems. The Oklahoma State Department of Health (OSDH) recognizes the right of Tribal Governments to exercise sovereignty and partners with them on issues affecting the state, including public health and safety.
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Frequently asked questions
Indian Country is a term used to signify lands under the control of Native nations, including Indian reservations and trust lands on the Oklahoma Tribal Statistical Area.
The Indian Country in Oklahoma is constituted by the reservations and Indian lands that are classified as either trust land or restricted allotment land. Oklahoma has the second-highest American Indian/Alaska Native population (12.9%), second only to Alaska.
The Indian Country in Oklahoma is significant because it allows Native nations to have a unique government-to-government relationship with the United States. Additionally, it gives tribal citizens the opportunity to seek justice through their own legal systems and traditions.
The Indian Country in Oklahoma has implications for the legal system, as tribal law and federal law apply to criminal cases involving Native citizens in these areas, rather than state law. This means that the U.S. Attorney's Offices will handle serious crimes such as murder and assault, and tribal prosecutors will assist in federal prosecutions.
