Supreme Court rules states can prosecute non-Native Americans on tribal lands

The Supreme Court has ruled that Oklahoma can prosecute non-Native Americans who commit crimes against Native Americans on tribal lands – reversing a prior ruling that expanded tribal authority in the state. 

The case stemmed from a state court decision to throw out the conviction against Victor Castro-Huerta, who is not Native American. Oklahoma prosecutors charged Castro-Huerta with malnourishment of his disabled 5-year-old stepdaughter, a member of the Eastern Band of Cherokee Indians. 

Castro-Huerta has since pleaded guilty to a federal child neglect charge in exchange for a seven-year prison term, though he has not been formally sentenced.

The 5-4 decision cut back on a 2020 ruling that said a large chunk of eastern Oklahoma remains an American Indian reservation. The first decision left the state unable to prosecute Native Americans accused of crimes on tribal lands that include most of Tulsa.