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Justice Department continues efforts to address crisis of missing or murdered Indigenous persons

By: WISCONSIN LAW JOURNAL STAFF//May 8, 2023//

Justice Department continues efforts to address crisis of missing or murdered Indigenous persons

By: WISCONSIN LAW JOURNAL STAFF//May 8, 2023//

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United States Attorney Gregory J. Haanstad of the Eastern District of Wisconsin and the Justice Department joined its partners across the federal government, as well as people throughout American Indian and Alaska Native communities, in recognizing May 5, 2023, as National Missing or Murdered Indigenous Persons Awareness Day.

Responding to the unacceptable levels of violence that have led to the crisis of Missing or Murdered Indigenous Persons (MMIP) is a priority of the Department of Justice every day, officials said in a written statement.

The Department’s work to respond to the MMIP crisis is a whole-of-department effort that takes many forms. One year ago today, Deputy Attorney General Lisa O. Monaco joined Secretary of the Interior Deb Haaland to launch the Not Invisible Act Commission, a joint Commission established by the Not Invisible Act with an essential mission — to reduce violence against American Indians and Alaska Natives.

In February, they welcomed the first in-person plenary meeting of the Not Invisible Act Commission. Since then, the Justice Department’s representatives on the commission—who are department leaders and subject matter experts—have participated in the Commission’s field hearings, which will continue through the summer. Later this year, the Commission will deliver recommendations for addressing the MMIP crisis to the Attorney General and the Secretary. In addition to supporting the Not Invisible Act Commission, the Justice Department remains steadfast in its commitment to addressing the MMIP crisis.

“The Justice Department is marshalling the full strength of its resources to confront the crisis of Missing or Murdered Indigenous Persons, which has devastated the lives of victims, their families, and entire Tribal communities,” said Attorney General Merrick B. Garland.

“Addressing this crisis requires a whole-of-government approach, and we are grateful for the partnership of Tribal and other law enforcement agencies across the nation that are working alongside the Justice Department to help reduce crime and support victims in American Indian and Alaska Native communities,” Garland added.

“Missing or Murdered Indigenous Persons Awareness Day calls on our nation to pause and honor the loved ones who have gone missing or who have been the victims of violent crime,” said Deputy Attorney General Monaco.

“Acknowledging the many American Indian and Alaska Native people who have suffered, and continue to suffer, from the pain of a missing loved one or of violent crime serves as an important reminder of the urgency and importance of the department’s work to respond to the crisis of missing or murdered indigenous persons. The Justice Department—including our dedicated agents, analysts, and prosecutors—remains steadfast in our pledge to work as partners with Tribal governments in preventing and responding to the violence that has disproportionately harmed Tribal communities,” Monaco added.

“The Justice Department is committed to using every resource at its disposal to combat the Missing or Murdered Indigenous Persons Crisis,” said Associate Attorney General Vanita Gupta.

“In addition to our core law-enforcement work, we are providing grant funding and guidance to help Tribes develop response plans for missing-persons cases, partner effectively with local law enforcement, and provide resources for victims of crime.”

”Like our colleagues across the country, the U.S. Attorney’s Office is committed to working with all of our federal, state, local, and tribal partners to make all of our communities safer places in which to live and work,” said U.S. Attorney Haanstad. “Our office is proud to support efforts to prevent, investigate, and prosecute these heartbreaking cases and to support and pursue justice for victims, their families, and all impacted by these offenses.”
Department Prioritization of MMIP Cases.

In July 2022, Deputy Attorney General Monaco issued a memorandum reiterating that it is a priority of the Department of Justice to address the disproportionately high rates of violence experienced by American Indians and Alaska Natives, and relatedly, the high rates of indigenous persons reported missing. The memorandum directed each United States Attorney with Indian country jurisdiction — along with their law enforcement partners at DOJ — to update and develop new plans for addressing public safety in “Indian country.”

Publication of Updated Attorney General Guidelines for Victim and Witness Assistance

In October 2022, Attorney General Merrick B. Garland issued revised Attorney General Guidelines for Victim and Witness Assistance. The revised guidelines, which were updated for the first time in a decade, address when and how department employees work with victims and witnesses of crime to ensure that their voices are heard and that they are protected during criminal justice proceedings. For the first time the guidelines include cultural and linguistic considerations for victims from American Indian and Alaska Native communities.

National Native American Outreach Services Liaison

Last year, the department announced the creation of a new National Native American Outreach Services Liaison. Since that announcement, the Liaison has begun to help amplify the voice of crime victims in Indian country and their families across the department as they navigate the federal criminal justice system. In the coming months, the Liaison will meet with survivors and family members of MMIP to learn more about the current challenges in MMIP cases and to make recommendations about the department’s continued response.

Federal Law Enforcement Strategy to Prevent and Respond to the MMIP Crisis

In July 2022, the Department of Justice and the Department of the Interior submitted a report pursuant to Sections 2 and 4(a) of Executive Order 14053, which called for “coordinated and comprehensive Federal law enforcement strategy to prevent and respond to violence against Native Americans, including to address missing or murdered indigenous people where the federal government has jurisdiction.” The report was published late last year and is available on the department website here.

Guide for Tribal Community Response Plans for Missing Persons Cases

In December 2022, the department published a Guide to Developing a Tribal Community Response Plan for Missing Persons Cases. This Guide is a resource for Tribes interested in developing a plan to respond to missing person cases that is tailored to the specific needs, resources, and culture of Tribal communities.

Launch of the COPS Office Tribal MOU/MOA Resource Library

On Monday of this week, the department’s Office of Community Oriented Policing Services (COPS) published its Tribal Memorandum of Understanding (MOU)/Memorandum of Agreement (MOA) Sample Resource Library. This library provides users with the resources to research and successfully draft agreements that will help agencies develop and solidify partnerships to address missing or murdered Indigenous persons cases.

Expanded Scope of the Tribal Victim Services Set-Aside Grant Program

The department’s Office for Victims of Crime (OVC) expanded the scope of allowable activities under its Tribal Victim Services Set-Aside (TVSSA) grant program to permit Tribal communities to pay for costs related to generating awareness of individual missing persons cases involving American Indians and Alaska Native persons, supporting private search efforts for missing American Indians and Alaska Native persons in certain circumstances, and supporting efforts to coordinate the Tribal, state, and federal response to MMIP cases.

Government-to-Government Tribal Consultation on Violence Against Women

In September 2022, the department’s Office of Violence Against Women (OVW) held the 17th Annual OVW Government-to Government Tribal Consultation on Violence Against Women in Anchorage, Alaska. OVW is responsible for conducting annual government-to-government consultations with the leaders of all Federally recognized Indian Tribal governments on behalf of the Attorney General. The 2022 Tribal consultation report is available here.

National Institute of Justice Study of MMIP Cases in New Mexico

Last year, the department’s National Institute of Justice (NIJ) funded a study that will provide vital information regarding the prevalence and context of cases of MMIP in New Mexico and, importantly, will inform long-term data collection, analysis, and reporting strategies on MMIP cases. These improvements will support data-driven decision-making regarding MMIP in New Mexico moving forward.

Additional Department of Justice Resources

For additional information about the Department of Justice’s efforts to address the MMIP crisis, please visit the Missing or Murdered Indigenous Persons section of the Tribal Safety and Justice website.

 

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