MESKWAKI SETTLEMENT — A new agreement between the State of Iowa and the Meskwaki Nation makes it clear Meskwaki Police have the authority to pursue and arrest suspects who travel outside the Tribe’s Settlement near Tama. The agreement was signed last Thursday in Des Moines by Iowa Attorney General Brenna Bird, Iowa Public Safety Commissioner Stephan Bayens, and Meskwaki Tribal Chairman Vern

Jefferson.

In 1948, Congress gave the State of Iowa jurisdiction over all crimes committed on the Meskwaki settlement. That law remained in effect for 70 years, creating what legal experts described as a dual-concurrent criminal justice system. Because both the state and the tribe had jurisdiction, a Native American defendant could face prosecution in both state and tribal court for the same offense. Critics said this was not only unfair and burdensome, but it also violated basic principles of justice and due process. To address those inequities, Congress repealed the law in 2018, but the repeal also created new uncertainty over law enforcement boundaries.

Tribal Chairman Vern Jefferson said that confusion led to problems in recent years. “In several cases, a Meskwaki Police officer lawfully initiated a stop on the settlement, but the driver did not pull over before crossing the Settlement’s boundary into the state,” Jefferson explained. “Several DUI cases were dismissed. This was not a failure of our officers, it was a misunderstanding of jurisdiction.”

Jefferson praised the new agreement as a step toward restoring confidence in the justice system and ensuring public safety. He emphasized that the arrangement is not just about closing legal loopholes, but about protecting both the Meskwaki community and neighboring communities. “This agreement restores clarity and confidence for our officers and for the people we serve,” Jefferson said. “It ensures that those who try to escape accountability by crossing a jurisdictional line will no longer succeed. More importantly, it affirms the respect and cooperation between our Sovereign Nation and the State of Iowa.”

Attorney General Bird noted that state officers have faced similar jurisdictional hurdles. A district court judge recently dismissed evidence in a drug case because the pursuit that led to the arrest of a repeat offender crossed the boundary between the Meskwaki Settlement and the State of Iowa. “This agreement ensures that drunk drivers, drug dealers and others who run from the law will be caught, punished and the evidence that is collected can be used against them in a court of law,” Bird said.

Bird added, “Today is truly a sign of continuing cooperation and respect between two sovereigns,” she said. “Today marks a key milestone in the relationship between Iowa and the Meskwaki Nation as we work together to protect public safety and the rule of law.”

Public Safety Commissioner Stephan Bayens echoed that message, noting that the agreement strengthens collaboration between state and tribal law enforcement and closes loopholes that once allowed offenders to escape accountability.

Jefferson added, “For the Meskwaki Nation, sovereignty has always meant responsibility. We have a duty to protect our people and to work in good faith with our partners when the safety of the broader community is at stake. This agreement honors that responsibility, and it shows how cooperation between governments can solve real problems.”

The agreement follows nearly a year of negotiations between the Iowa Attorney General’s Office, the Department of Public Safety, and the Meskwaki Nation. Members of the Meskwaki Tribal Council, state officials, and law enforcement leaders attended the signing ceremony.

In summary, this agreement with the State of Iowa gives Meskwaki Officers the same authority as any other officer in the State of Iowa, on or off the Settlement and meets the requirements of 80B.18 of the Iowa Code.

Meskwaki Officers are not only State Certified Peace Officers but are Tribal and Federal Officers Commissioned by the BIA Office of Justice Services.

2.2 Fresh Pursuit Agreement: The Parties agree, consistent with Iowa Code sections 80B.18, 804.7(2), and 801.4(11)(j) that a Tribal Officer has authority to act in a law enforcement capacity off a settlement or reservation as follows:

a) A Tribal Officer who leaves the Settlement in fresh pursuit of a person in order to detain the person on reasonable suspicion or probable cause to believe that person has committed any state, federal, or Tribal offense, whether felony or misdemeanor, shall have the same authority to detain, arrest, and hold such person in custody as any law enforcement officer certified pursuant to Iowa Code chapter 80B.

i. A Tribal Officer who conducts such detention or arrest shall comply with Iowa Code chapter 806 — the Uniform Fresh Pursuit Law — except insofar as such officer may detain or arrest for any state, federal, or Tribal offense.

ii. A Tribal Officer who conducts such detention or arrest off the Settlement shall comply with the Rules of Criminal Procedure, the Code of Iowa, and any Administrative Procedure provision governing certified law enforcement officers.

iii. A Tribal Officer who conducts such detention or arrest of a person off the Settlement shall, without unreasonable delay, transport the person to the nearest State, Federal, or Tribal law enforcement facility as appropriate given the offense and whether the person is an Indian or non-native.

b) A Tribal Officer who is certified by the Iowa Law Enforcement Academy has the same powers and privileges as other Iowa certified law enforcement officers pursuant to Iowa Code §80B.18 and the terms of this Agreement, and must follow all applicable Iowa law when operating as Iowa certified law enforcement off of the Settlement.

80B.18 Law enforcement officer — tribal government. A law enforcement officer who is a member of a police force of a tribal government and who becomes certified through the Iowa law enforcement academy shall be subject to the certification and revocation of certification rules and procedures as provided in this chapter. The certified law enforcement officer shall be subject to the jurisdiction of the courts of this state if an agreement exists between the tribal government and the state or between the tribal government and a county, which grants authority to the law enforcement officer to act in a law enforcement capacity off a settlement or reservation.