Title: Indian Civil Rights Act Resources on the Tribal Court Clearinghouse
Headings: 
Indian Civil Rights Act
What is the Indian Civil Rights Act?
Enforcement of ICRA
Books & Articles
Reports
Blogs & Other Resources

Content: Oliphant held that tribal courts lack criminal jurisdiction over non-Indian defendants. Congress partially overturned the Oliphant decision in the re-authorization of the Violence Against Women Act (VAWA) of 2013. Title IX of the VAWA Act, among other provisions, provided for "special domestic violence criminal jurisdiction" to tribal courts over non-Indian offenders who commit domestic violence, dating violence, or violate a protection order. However, to utilize this special domestic violence criminal jurisdiction, tribal courts will have to provide certain enumerated due process protections. These include all TLOA due process protections (even if tribes do not impose the enhanced sentencing options), as well as several additional due process protections including the right to an impartial jury. Indian Civil Rights Act as Amended by the Violence Against Women Reauthorization Act of 2013
Enforcement of ICRA
For ten years after its passage in 1968, the general perception was that the Indian Civil Right Act (ICRA) gave the federal courts broad powers to hear and decide claims of civil rights violations by tribal governments. This changed dramatically, however, in 1978 with the U. S. Supreme Court decision in Santa Clara Pueblo v. Martinez, 439 U.S. 49 (1978). During the ten-year period from ICRA’s passage to the Martinez decision, federal courts heard Approximately Eighty Cases involving the application of the ICRA. These cases covered many subjects: tribal election disputes;