Oklahoma v. Castro-Huerta

Following the landmark reauthorization of the Violence Against Women Act (VAWA) in 2013, the National Indigenous Women’s Resource Center launched the VAWA Sovereignty Initiative. After submitting amicus briefs in both McGirt v. Oklahoma and Oklahoma v. Castro-Huerta, NIWRC developed a legislative proposal that carries our mission forward. Because sovereignty and safety are inseparable, NIWRC — alongside partner organizations and Tribal Nations — continues to advocate for a congressional fix for Castro-Huerta.

NIWRC’s work Leading the legal and legislative response

From the courts to Congress, NIWRC has engaged at every stage of the Castro-Huerta response — through amicus briefing, public comment, and coalition work with Tribal Nations across Indian Country.

Amicus briefing

NIWRC filed amicus briefs in both McGirt and Castro-Huerta, arguing that Tribal jurisdiction is essential to the safety of Native women and communities.

Legislative proposal

Working with Tribal Nations and partner organizations, NIWRC developed an intertribal legislative proposal to address the jurisdictional gaps created by the decision.

Coalition building

NIWRC has worked with partner organizations and Tribal Nations across Indian Country to build a unified coalition calling on Congress to act.

About the VAWA Sovereignty Initiative

In an effort to defend the constitutionality and functionality of all Violence Against Women Act (VAWA) Tribal provisions, the National Indigenous Women’s Resource Center launched the VAWA Sovereignty Initiative. Following the historic victory in restoring the inherent authority of Indian tribes to prosecute non-Native defendants for certain crimes (partial Oliphant fix) — known as Special Domestic Violence Criminal Jurisdiction with the 2013 reauthorization of the Violence Against Women Act — NIWRC shifted focus to enhance the Tribal provisions further and defend the important advancements in federal law and policy related to the protection of Native women and children.

Because many Tribal Nations do not have adequate resources to assess all of their legal vulnerabilities in implementing VAWA, this national initiative was necessary to protect VAWA and Tribal jurisdiction over non-Indians nationwide. In collaboration with Mary Kathryn Nagle, J.D., the VAWA Sovereignty Initiative allows NIWRC to prepare for the defense of VAWA and Tribal sovereignty through the monitoring of federal court cases — ensuring that as soon as the first challenge hits the courts, Indian Country is ready to respond.

→ Learn more about the VAWA Sovereignty Initiative
Take action Support NIWRC’s Castro-Huerta Legislative Proposal

Add your voice. NIWRC is calling on Congress to act — sign on in support of the intertribal legislative proposal to restore Tribal jurisdiction and protect Native women and communities.

Sign on now