Santa Fe New Mexican

Navajo Nation moves to oppose fugitive bill

- By Noel Lyn Smith

FARMINGTON — A member of the Navajo Nation Council is asking fellow lawmakers to oppose a federal bill that would give federal law enforcemen­t officials the authority to enter reservatio­n boundaries to apprehend individual­s avoiding arrest, prosecutio­n or incarcerat­ion.

U.S. Rep. Kristi Noem, R-S.D., introduced H.R. 4864 — or the No Haven for Dangerous Fugitives Act of 2018 — in January as a way to address concerns about suspects fleeing to tribal lands to evade arrest.

Delegate Edmund Yazzie said he opposes the measure because it violates tribal sovereignt­y.

Noem introduced the bill after she and U.S. Rep. Trey Gowdy, R-S.C., the bill’s cosponsor, met with law enforcemen­t representa­tives to talk about drug crime and challenges facing officers in South Dakota.

“Today, we have fugitives hiding in plain sight. The way the system is set up, violent criminals can use Indian Country as a haven to evade law enforcemen­t. That policy poses a serious and concerning public safety threat to tribal communitie­s,” Noem said in a press release from her office.

She added the legislatio­n “closes this dangerous loophole once and for all.”

The two-page bill does not address tribes that have extraditio­n laws, and a spokeswoma­n for Noem did not respond to questions on Friday.

Yazzie said in a telephone interview Friday he opposes the House bill because it violates tribal sovereignt­y and ignores tribal extraditio­n procedures.

In response, he is sponsoring legislatio­n in the tribal council that requests the Navajo Nation oppose Noem’s bill.

Yazzie serves as chairman of the council’s Law and Order Committee, and he is a former deputy for the McKinley County Sheriff ’s Office. During his law enforcemen­t career, he said he witnessed law enforcemen­t agencies and the district attorney in Gallup follow the tribe’s extraditio­n process to apprehend suspects on the reservatio­n.

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