In October, a person accused of drunk driving had their charges dismissed after their attorney argued a UKB officer pulled them over without jurisdiction.
In the affidavit, the UKB officer pulled the defendant over on the Cherokee Nation reservation, but the arresting officer was a Cherokee County Sheriff who was cross-deputized with Cherokee Nation Marshals.
The UKB has 76 acres in trust in Tahlequah and is surrounded by the Cherokee Nation reservation.
But police actions outside that 76 acres is a problem according to the letter. The mere existence of the UKB Light Horse force endangers tribal and non-tribal residents, the law enforcement agency leaders argue.
“The UKB’s Light Horse possess no legal authority to make traffic stops, investigate crimes, or act as sworn public safety officers on the 7,000-square-mile Cherokee Nation Reservation–a reservation where joint agreements with local sheriffs, municipalities and prosecutors have provided public safety and accountability for generations–and this should concern all Oklahomans, tribal and non-tribal citizens alike,” the letter reads.
Congressional Delegate and UKB member Tori Holland argues the tribe’s law enforcement officers are CLEET-certified and recognized by the Bureau of Indian Affairs.
“Unfortunately, this is just the newest series in an attempt by the Cherokee Nation to terminate the United Keetowah Band,” Holland said. “Our United Keetowah Band Light Horse is a legitimate law enforcement agency.”
Cherokee Nation Chief Chuck Hoskin Jr. disagrees.
“The issue isn't whether the UKB has authority as a federally recognized tribe,” Hoskin said. “The issue is whether it has criminal justice authority over the Cherokee Nation reservation. It does not.”
Hoskin also argues the UKB never signed a treaty with the U.S.. He says the UKB’s argument is an attempt to affirm power within the Cherokee reservation. According to him, it’s a matter of safety.
“They want all the benefits that come with being a treaty tribe and very few of the obligations. My big concern is they're putting people at risk,” he said. “We're talking about something that's beyond anything they have a legal authority to do. We just need people to be safe, and as they increase their patrols, there is a decrease in safety.”
Holland says the argument is just the latest chapter in a longstanding feud between the two tribal nations despite their shared ancestry. According to her, these battles only harm Cherokee citizens.
“I think we spend too much time, effort and money litigating every single thing, and it's only to the detriment of our tribal members,” she said. “But rather than coming to the table to talk to us and try to come up with solutions, they would rather go and spew essentially lies to the public to our detriment. It's really frustrating, especially as a Cherokee person, because we should treat our siblings with respect.”
In an opinion piece, Hoskin called the UKB a threat to the Cherokee Nation’s tribal sovereignty. But the UKB disputes those claims.
This report was produced by the Oklahoma Public Media Exchange, a collaboration of public media organizations. Help support collaborative journalism by donating at the link at the top of this webpage.
