Establishing the Task Force on Missing and Murdered American Indians and Alaska Natives

Overview

Purpose and Intent

Executive Order 13898, issued by President Donald Trump on November 26, 2019, seeks to address the urgent issue of missing and murdered American Indians and Alaska Natives, emphasizing women and girls. This initiative involves creating a Task Force to enhance the criminal justice system’s operations in collaboration with tribal governments and federal agencies. The order stresses high-level coordination and engagement between federal and tribal entities to deal with these long-standing and deeply rooted community concerns.

Formation of the Task Force

The Executive Order establishes the Task Force led by the Attorney General and the Secretary of the Interior, highlighting the collaborative effort between the Departments of Justice and the Interior. This structure aims to demonstrate commitment and allocate resources to address systemic challenges in these cases. By directing the Department of Justice to handle the administrative functions of the Task Force, the order ensures the necessary resources are available to improve the investigation and prosecution processes related to missing and murdered individuals in these communities.

Scope and Objectives

The Executive Order heavily emphasizes consultations with tribal governments to define the problem's scope accurately. It outlines key functions for the Task Force, including developing model protocols for handling new and unsolved cases and improving data collection and sharing across jurisdictions. By focusing on multi-disciplinary and multi-jurisdictional teams for cold case reviews and public-awareness campaigns, the order provides a holistic approach addressing both immediate investigative needs and long-term public education and outreach.

Legal and Policy Implications

Constitutional and Statutory Considerations

The legal underpinning of Executive Order 13898 relies on the President's authority to direct federal departments and agencies. By creating a task force via executive action, the order operates within executive powers, bypassing new legislation. Implementation heavily relies on existing laws governing intergovernmental cooperation and jurisdictional nuances in prosecuting crimes within Native American territories, as outlined by statutes like the Indian Civil Rights Act and protocols within the Bureau of Indian Affairs.

Policy-Based Changes

Policy-wise, the Executive Order emphasizes harmonizing federal, state, local, and tribal efforts in addressing missing and murdered Indigenous persons’ cases. This involves creating a unified approach that enhances communication, data sharing, and trauma-informed responses. The focus on database improvement and interjurisdictional cooperation signifies a shift towards incorporating tribal concerns into broader national crime investigation frameworks, historically hindered by jurisdictional complexities and resource constraints.

Enforcement and Implementation

The order allocates federal resources to support these initiatives, intending to overcome past limitations in addressing these issues. With mandated reporting and timelines for the Task Force’s operations, the order aims to ensure accountability and transparency. However, successful policy execution depends on congressional appropriations, cooperative efforts among multiple entities, and the political will to prioritize this initiative.

Who Benefits

Tribal Communities

The primary beneficiaries of Executive Order 13898 are American Indian and Alaska Native communities, especially women and girls who face higher risks of violence and victimization. By prioritizing their safety and justice, the order addresses historical neglect and under-resourcing by federal law enforcement and justice systems for these communities.

Enhanced Law Enforcement Cooperation

Federal and tribal law enforcement agencies benefit from streamlined processes and clearer guidelines for these complex cases. The establishment of best practice protocols and jurisdictional clarity equips law enforcement personnel with the necessary tools for improved efficiency, potentially lowering the risks of jurisdictional disputes that can delay case resolutions.

Public Awareness and Education

The broader public benefits from increased awareness campaigns highlighting the issue's scale and available resources. These efforts foster a more informed public capable of aiding in reducing crime through active engagement and reporting, promoting community cooperation, and heightened vigilance in crime prevention.

Victim Families

Families affected by the issue gain better access to information and support, aiding them in navigating legal and bureaucratic complexities. The Task Force’s focus on trauma-informed approaches suggests a more supportive environment for victims’ families, which may ease emotional and procedural challenges in resolving these cases.

Data and Research Advancements

Researchers and policymakers in crime prevention and justice reform benefit from enhanced data collection, sharing, and analysis as outlined by the order. A robust data framework fosters understanding of crime patterns and informs more effective policies for advocating Indigenous rights and protective measures.

Who Suffers

Resource Allocation

The implementation of the Executive Order's initiatives may lead to tension over federal resource reallocation, potentially competing with other government programs. Departments tasked with new responsibilities could face constraints unless additional funding is secured, which may result in deficits in other law enforcement or public service areas.

Jurisdictional Tensions

Emphasizing cooperative agreements across federal, state, local, and tribal entities might exacerbate existing jurisdictional tensions, especially if all parties don’t fully support or agree on implemented protocols and policies. Inefficiencies or leadership conflicts among different government levels could hinder the Task Force's operation and success.

Administrative Burdens

The Task Force's mandate to improve data systems and implement new procedures may impose substantial administrative burdens on already strained tribal law enforcement and local agencies, many of which have limited resources. These requirements might challenge their regular operations while adopting new Task Force protocols.

Enforcement Challenges

Challenges in enforcing developed protocols and procedures across all jurisdictions may arise, particularly in remote or resource-limited areas lacking technology or workforce to implement sophisticated systems anticipated by the order. This can result in unequal benefits, where some areas experience improvement while others continue to encounter systemic issues.

Complicated Bureaucratic Processes

The complexity and coordination layers required for successfully implementing new protocols may decelerate benefit realization for affected communities and individuals. Bureaucratic oversight and compliance with the order's demands could complicate focusing on direct victim support and case resolution, potentially diverting resources from immediate needs.

Historical Context

Executive Action Trends

This Executive Order surfaces amid growing awareness of issues plaguing Indigenous communities in the United States. Historically, Native American and Alaska Native communities have faced neglect and underrepresentation in federal policymaking. The order reflects Trump’s administration's occasional focus on specific criminal justice issues and its attempts to address minority population needs—critics argue this was inconsistently or inadequately pursued.

Longstanding Issue of MMIW

The missing and murdered Indigenous women (MMIW) issue has persisted, gaining increased public visibility thanks to Native organization advocacy and state-level efforts. Executive Order 13898 signifies federal recognition of this crisis but follows decades of advocacy demanding more serious national intervention.

Interacting with Federal Interagency Policies

The initiative reflects a broader governmental trend towards interagency cooperation in handling complex social issues, a theme apparent in various Trump administration policies that required efficient cross-department collaboration. The Executive Order aligns with efforts to streamline government operations and elevate federal program implementation effectiveness.

Bipartisan Support for Indigenous Issues

Violence against Native women and communities usually garners bipartisan recognition, albeit with different solution agreements. Legislative efforts, such as reauthorizations of the Violence Against Women Act, illustrate the broader political will to confront such issues, setting a backdrop where executive actions like this order reinforce federal coherence with state and local actions.

Systemic and Historical Challenges

Historically, initiatives like Executive Order 13898 have encountered deep systemic and bureaucratic barriers when striving for meaningful change. American Indian and Alaska Native communities have faced disproportionately high victimization rates, but insufficient jurisdictional clarity and resource allocation historically limited past efforts’ effectiveness—a reality this order seeks, perhaps optimistically, to change.

Potential Controversies or Challenges

Implementation Questions

Concerns about how this Executive Order will be practically implemented are legitimate, given past initiatives’ failures due to funding or prioritization deficits. Significant cooperation across government levels is mandated, potentially encountering obstacles if policy priority misalignments or administrative constraints at any level remain unsolved.

Legal Disputes and Challenges

Potential legal challenges might arise from state governments or other jurisdictions perceiving the federal mandate as overreach or conflicting with local laws. Although no such challenges are notably documented post-issuance, future constitutional litigation concerning jurisdictional authority remains plausible.

Congressional Pushback

Some legislators might express concern about federal spending and resource allocation necessary for Executive Order implementation. Without clear accountability metrics, the initiative might encounter scrutiny from budget oversight bodies responsible for fiscal responsibility, potentially delaying or diminishing its intended impact.

Tribal Autonomy Concerns

While designed to enhance tribal autonomy through coordination, the executive-driven nature of the order might unintentionally sideline tribal input. Ensuring Indigenous communities lead rather than merely participate requires careful balancing to avoid undermining self-determination principles crucial for fostering trust between federal and tribal governments.

Evaluation and Metrics Issues

A significant issue may arise concerning evaluating the Task Force’s effectiveness and the Executive Order's real impact. Establishing clear goals beyond the general objectives in the order remains essential to measure success effectively, and crafting robust evaluation metrics could be key in addressing potential inefficacy or mismanagement claims.