Santa Clara Pueblo and VAWA: Restoring Tribal Jurisdiction

“You come into our community, you’re held to the same standards as everyone else.”

In 1978, the U.S. Supreme Court ruled in Oliphant v. Suquamish that Tribal Nations could not prosecute non-Indians for crimes committed on Tribal land. The Violence Against Women Act, beginning with its 1994 passage and strengthened in subsequent reauthorizations, has been part of the work of restoring the inherent authority Tribal Nations never gave away.

When a non-Indian assaulted a Santa Clara Pueblo Tribal police officer responding to a domestic violence call in 2013, the federal government, the state, and the Pueblo each described the case as outside their jurisdiction. The Pueblo turned to the newly signed VAWA reauthorization for the path forward. After years of internal deliberation, Santa Clara Pueblo’s Tribal Council voted to implement VAWA, restoring criminal jurisdiction over non-Indians who commit domestic violence within Pueblo boundaries.

This story sits with Santa Clara Pueblo Tribal Court Judges, the Governor, Lieutenant Governor, and law enforcement leadership to share what it took to build the infrastructure VAWA requires, and how the Pueblo’s residential licensing system supports the work of protecting the community.