PROTECT Act of 2025

Key Points

• The bill expands Tribal court jurisdiction to cover drug trafficking, drug possession, possession of drug paraphernalia, and firearms offenses committed on Tribal land. Currently, many of these crimes fall into a jurisdictional gap where Tribal governments lack authority to prosecute, forcing communities to rely on often-distant federal agencies.
• Tribal courts would be recognized as courts of competent jurisdiction under the Stored Communications Act, allowing Tribal judges to issue search warrants for electronic communications like emails, social media messages, and other digital records — a power previously limited to federal and state courts.
• The bill covers a broad range of drug-related crimes, including manufacturing, cultivation, delivery, distribution, and dispensing of controlled substances, as well as possession with intent to distribute and conspiracy. Firearms offenses include using or possessing a gun during a covered crime or by someone convicted of domestic violence.
• People convicted of these crimes in Tribal court could serve their sentences in federal Bureau of Prisons facilities, addressing a longstanding problem of overcrowded or nonexistent Tribal detention centers that often forced early release of dangerous offenders.
• The bill was introduced by Senators Daines and Smith with bipartisan support and referred to the Senate Committee on Indian Affairs. It amends both the Stored Communications Act and the Indian Civil Rights Act of 1968 to achieve its goals.