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American Indian and Alaska Native (AI/AN) communities, already facing challenges from poverty, limited health care access, and unemployment, are now facing the expansion of Transnational Criminal Organizations (TCOs) into their tribal lands. Addressing this issue requires enhanced collaboration between federal, tribal, and local authorities, along with comprehensive research and policy development.
Historically, these criminal organizations have used tribal lands to evade law enforcement and expand their markets. However, they are now becoming more violent and extending their reach beyond tribal boundaries.
The presence of TCOs on tribal lands has been an issue for over a decade, but it has received less attention than it deserves. Several AI/AN communities have ancestral lands that run along the border or overlap, such as the Tohono O'odham Nation in Arizona. Other communities such as the Assiniboine and Sioux Tribes of the Fort Peck Reservation in Montana, and the Assiniboine (Nakoda) and Gros Ventre (Aaniih) Nations of the Fort Belknap Indian Community in Montana are only 40–50 miles from the Canadian border. This geography has made these vulnerable communities prime targets for TCOs, who exploit these regions to expand the power of their organizations and to facilitate the trafficking of people, money, and weapons.
The presence of transnational criminal organizations on tribal lands has been an issue for over a decade, but it has received less attention than it deserves.
Mexican drug cartels are the largest TCOs that frequently exploit these areas, led by the Sinaloa Cartel and the Jalisco New Generation Cartel, which have hundreds to thousands of operatives on tribal lands. However, other TCOs, including Asian criminal organizations, are also gaining footholds in these communities.
TCOs engage in a diverse array of criminal activities within tribal lands, including drug trafficking, human trafficking, arms dealing, marijuana cultivation, smuggling, and money laundering. These activities result in increased addiction, missing persons, homicides, violence, and higher crime rates among AI/AN communities. Trafficking and criminal activities are so high along the southern border, which includes tribal lands, that these areas have been designated as High Intensity Drug Trafficking Areas by the United States, where a combination of special AI/AN units and U.S. personnel has been deployed.
Combating TCOs on AI/AN land presents several institutional challenges. Foremost, AI/AN communities have tribal sovereignty, the authority and right of native tribes to govern themselves. U.S. authorities cannot operate within reservations, which complicates cases that span both tribal lands and U.S. soil. This distinction often impacts investigations, shared intelligence, and arrests.
In addition, historical distrust among AI/AN communities and U.S personnel hinders cooperation. TCOs intentionally take advantage of jurisdictional issues to further their criminal activities and evade law enforcement. Recent congressional testimony indicates that these criminal organizations are adapting to U.S. border and law enforcement policies to further their operations, demonstrating their ability to exploit systemic weaknesses and gaps in jurisdiction.
Within reservations, tribal authorities face significant challenges. Law enforcement personnel are limited and are tasked with policing large rural areas, allowing organized crime more opportunities to circumvent authorities. Tribal law enforcement agencies are also underfunded, especially when compared to TCOs, which often have extensive finances and resources at their disposal. Drug trafficking on tribal land increases addiction among tribe members, which can lead to debt and coercion into criminal activities. And economic hardship makes voluntary collaboration with TCOs an attractive and lucrative option for some.
TCO members will often solidify their presence among these communities by intermarrying with tribal members to blend in with the local community. This can enable TCOs to create safe houses and turn reservations into distribution hubs, expanding their operations both within and beyond tribal communities.
Strengthening tribal governance through decentralization should be prioritized, allowing tribes greater autonomy in resource allocation and decisionmaking.
Strengthening tribal governance through decentralization should be prioritized, allowing tribes greater autonomy in resource allocation and decisionmaking. Empowering tribal authorities and law enforcement not only respects their sovereignty but also positions them as equal partners in combating TCOs. At the same time, improving coordination between U.S. stakeholders—especially local authorities in communities that are directly adjacent to AI/AN lands—and tribal partners will strengthen efforts to curb the expansion and capabilities of TCOs.
Additionally, expanding policy-oriented research is essential to identify trends, understand organizational structures, and assist authorities in better grasping the capabilities of these organizations. This approach will help reduce politicization and facilitate more effective fact-finding.
The expansion of TCOs into AI/AN tribal lands poses a significant threat to already vulnerable communities. The situation has escalated to become both a national security concern and a public health issue, complicated by a range of factors. Overcoming these challenges will require more comprehensive research to better understand the needs of AI/AN communities and the threats posed by TCOs. It will also require creative policy and tactical approaches that emphasize giving local and tribal authorities the power and freedom to act against the growing threat of TCOs, with state or federal back-up as needed.
