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: The Duro decision held that tribal courts lack criminal jurisdiction over non-member Indians. Congress overturned the Duro decision (the so-called Congressional " Duro -fix") by adding the language "…and means the inherent power of Indian tribes, hereby recognized and affirmed, to exercise criminal jurisdiction over all Indians" to the definition of "powers of self-government." This Congressional Duro -fix restored tribal court criminal jurisdiction over all Indians (members and non-members). 25 U.S.C. §1301 Definitions
For the purposes of this subchapter, the term –
(2) “powers of self-government” means and includes all governmental powers possessed by an Indian tribe, executive, legislative, and judicial, and all offices, bodies, and tribunals by and through which they are executed, including courts of Indian offenses; and means the inherent power of Indian tribes, hereby recognized and affirmed, to exercise criminal jurisdiction over all Indians; 2010 - Tribal Law and Order Act (TLOA)
The Indian Civil Rights Act (ICRA) was amended for the third time in 2010 by the Tribal Law and Order Act (TLOA). TLOA was passed with the goal to improve public safety and justice systems in Indian country in response to significant rates of violent crime. Most notably, TLOA amends ICRA by expanding the limitations on the term of imprisonment from one year to three years, and fines, from $5,000 to $15,000, that can be imposed on defendants convicted in tribal court. However, to impose these "enhanced sentencing" options, tribal courts must provide certain additional, enumerated due process protections. These include: