Tribal Jurisdiction – Non-Member Cannot Be Cited Off-Reservation by Tribal Police
Tribal authorities (Navajo Nation, Pueblo of Sandia, Pueblo of Isleta, Mescalero Apache, Jicarilla Apache, Pueblo of Pojoaque, etc.) have civil jurisdiction over non-members on tribal land for parking violations on tribally owned land (Montana v. United States, 450 U.S. 544 (1981); Plains Commerce Bank v. Long Family Land, 554 U.S. 316 (2008)), but not for tickets issued off-reservation, and they cannot enforce in state courts without a cross-deputization agreement under NMSA §29-1-11. Conversely, state and city officers cannot cite non-tribal members for parking violations on tribal trust land without explicit jurisdictional authority. Drivers cited by the wrong sovereign have a complete defense.
Legal basis
NMSA §29-1-11; Montana v. United States, 450 U.S. 544 (1981); Plains Commerce Bank v. Long, 554 U.S. 316 (2008); 25 U.S.C. §1301-1304
Sample appeal wording
[Tribal Court / State Court / Agency] RE: Citation #[CITATION] – Jurisdictional Challenge The citation issued on [DATE] at [LOCATION] is invalid because the issuing authority lacks jurisdiction: [Option A — Tribal officer / off-reservation citation] The location of the violation is off-reservation [Bernalillo County / etc.]. Tribal officers may not enforce parking ordinances off-reservation absent cross-deputization under NMSA §29-1-11. I request the cross-deputization agreement for Officer [NAME]. [Option B — State/city officer / tribal trust land citation] The location is tribal trust land of the [NATION/PUEBLO]. Under Montana v. United States, 450 U.S. 544 (1981), the state lacks jurisdiction over non-member civil violations on tribal land absent express congressional authorization or a cross-deputization agreement. I request dismissal for lack of jurisdiction. [NAME] / [DATE]
Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.
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