What is the Indian Civil Rights Act?
The Indian Civil Rights Act (ICRA) is a law passed in 1968 to ensure Native Americans in the United States have the same civil rights as other citizens. It was enacted to address the lack of legal protection Indigenous people had in the areas of tribal government and court proceedings. The ICRA requires that tribal governments guarantee the fundamental civil rights of their citizens. This includes the right to due process, freedom of speech and press, assembly, and to vote in elections. Tribes must also provide access to free legal services for defendants in tribal court. It also includes protection against cruel and unusual punishment. Additionally, the ICRA restricts the amount of authority tribal governments have over tribal members. This means that tribal governments cannot take away civil rights such as the right to vote or the right to practice certain religious beliefs. It also prohibits tribes from violating certain rights dealing with criminal prosecutions, including rights to a jury trial, to face witnesses, and to not be jailed until found guilty. The ICRA is an important step forward for the protection of the rights of Indigenous people in the United States. As part of the Indian Self-Determination and Education Assistance Act of 1975, it allows tribal governments to exercise more sovereignty over their own affairs while still protecting the civil rights of their citizens. This is especially important in Washington, home to many federally recognized tribes.
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