What rights do Native Americans have under the law?

Native American tribes in the state of Virginia are recognized by the federal government as independent entities with their own laws, court systems, and governing bodies. As such, Native Americans in Virginia have certain rights under the law that are unique to their place within the United States. The Indian Civil Rights Act (ICRA) of 1968 grants certain rights to all Native Americans, including those in Virginia. The rights outlined in the ICRA include freedom of speech, protection from unreasonable search and seizure, protection from cruel and unusual punishment, protection from double jeopardy, the right to a fair trial, the right to legal counsel, the right to due process, the right to remain silent, the right to a speedy trial, and freedom of religion. Additionally, the Tribal Law and Order Act of 2010 strengthens many civil rights for Native Americans, including the right to combat discrimination based on their heritage, the right to prevent crimes against their tribes, the right to a safe environment, and the right to pursue mental health services. In addition to these rights, Native Americans in Virginia also have a few additional rights that are specific to the state. For example, in December 2020, Governor Ralph Northam signed into law Virginia Senate Bill 807, which increases the penalties for illegal harvesting of timber from Virginia Indian tribes’ ancestral lands. This bill provided Tribal nations in Virginia with additional protection against illegal resource extraction activities. Overall, Native Americans in Virginia have a variety of rights under the law that are unique to their place in the United States. From the rights granted by the Indian Civil Rights Act and the Tribal Law and Order Act, to the additional protections granted by state laws, Native Americans enjoy numerous legal rights and protections.

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What rights do Native Americans have under the law?

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