What protection do Native Americans have under U.S. law?

Native Americans have special protections under U.S. law. This includes the federal government’s trust responsibility with Native American nations, tribes, and Alaska Native communities. Native Americans have access to certain rights and privileges that non-Natives do not, including tribal sovereignty and self-determination. They are also eligible for certain services, like health care, educational, and financial assistance. The Indian Civil Rights Act (ICRA) of 1968 protects the civil and political rights of Native Americans living on reservations. This includes the right to a trial by jury, protection from double jeopardy, protection from cruel and unusual punishment, and the right to due process of law. In addition, Native Americans have the right to free speech, religious freedom, freedom from unreasonable search and seizure, and equal protection under the law. At the state level, Native Americans in Nevada also have specific protections under Nevada law. This includes the right to be exempt from state taxation and the preservation of Native American cultural resources. The state recognizes Native American nations and tribes as distinct, sovereign governments and provides certain services, such as health care and education, to members of the tribes. In addition, Native Americans’ religious and cultural practices are protected by federal and state laws, such as the American Indian Religious Freedom Act (AIRFA) of 1978. This act prohibits the government from interfering with the free exercise of religious practices and protects the use of Native American sacred sites. Overall, Native Americans in Nevada are protected by an array of laws that strengthen and preserve their rights. These laws ensure that Native Americans are able to enjoy the same rights and privileges as other Americans.

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