PROTECT Act of 2025
The PROTECT Act of 2025 would expand tribal authority in two major areas. First, it recognizes Tribal courts as courts of competent jurisdiction under the Stored Communications Act (SCA), allowing tribal warrants and procedures to govern the disclosure of electronic communications held by providers for certain timeframes. Specifically, tribal courts would be an eligible forum for warrants related to electronic storage of 180 days or less, alongside existing options (federal, state, military). Second, the bill broadens tribal jurisdiction under the Indian Civil Rights Act of 1968 to include controlled-substance offenses, related offenses, and firearms offenses (creating a new set of tribal crimes and definitions). It also preserves and extends tribal jurisdiction in related areas, such as veteran and prisoner programs, and enhances protections around disclosure of certain records. Overall, the bill signals a shift toward greater tribal sovereignty in both digital-warrant authority and criminal jurisdiction over drugs and firearms on tribal lands. Potential impacts include increased tribal control over law enforcement and prosecutions on Indian country, especially for drug and firearms offenses; expanded ability for tribal courts to issue warrants for electronic data; and the need for tribes to build or adapt capacity to handle these rewritten authorities. Federal and tribal cooperation would be central, with potential resource and training needs for tribal courts, public defenders, and law enforcement.
Key Points
- 1Tribal courts included as courts of competent jurisdiction under the Stored Communications Act, allowing tribal warrants for electronic communications with 180 days or less of storage, using tribal warrant procedures described in the Indian Civil Rights Act.
- 2Definitions broadened to recognize Tribal courts as governmental entities and to define “Tribal court” as a court of general criminal jurisdiction that can issue search warrants; tribal status is tied to a list maintained by the Interior Department.
- 3Section 2703 (SCA) amendments extend tribal warrant procedures to 180-day storage cases, and adjust related notice and civil action provisions to explicitly include Tribal authorities (e.g., delayed notice and civil actions).
- 4Section 2710 (Wrongful disclosure of video rental/sale records) adds tribal warrants as an allowed basis for disclosure and expands scope to include Indian Tribes in party-substitution language.
- 5The Indian Civil Rights Act (ICRA) is amended to create and define “Controlled substance-related offense” and “Firearms offense” for tribal jurisdictions, including drug trafficking, unlawful drug possession, drug paraphernalia possession, and related offenses; firearms offenses include use or possession of firearms in furtherance of a covered crime or by DV offenders.
- 6Substantial expansion of tribal jurisdiction over offenses on Indian country, with corresponding updates to penalties/coverage, and cross-reference to tribal criminal jurisdiction under special tribal jurisdiction described in ICRA.
- 7The bill also updates the Bureau of Prisons Tribal Prisoner Program to include offenders convicted under the special tribal criminal jurisdiction described in the ICRA amendments.