Choctaw Nation and Fort Smith police cross-deputized, enabling enforcement on tribal land in Arkansas

By Brett Rains

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    FORT SMITH, Arkansas (KHBS, KHOG) — For the first time, an Oklahoma tribal police department will be able to enforce laws on tribal land located in Arkansas.

A new memorandum of understanding between the Fort Smith Police Department and the Choctaw Nation Light Horse Police formally cross-deputized both agencies.

The agreement directly affects the Choctaw Casino area, where the casino building sits in Oklahoma, but the parking lot lies across the state line in Arkansas, allowing officers from both agencies to respond to calls on either side of the border.

“We’re not going to be policing or patrolling the casino parking lot. But if they call us and ask for help, then we will have the ability to respond and assist,” Fort Smith Police Chief Danny Baker said. “Likewise, they’re not going to be looking to enforce Fort Smith ordinances and an Arkansas state law on that tribal property.”

Act 594 authorizes cross-deputization between law enforcement agencies operating on federally recognized tribal land in Arkansas. The measure was sponsored by State Sen. Justin Boyd (R–Fort Smith).

“It puts the bureaucracy on the back end,” Boyd said. “This bill does not do anything to give the Choctaw authority outside of the tribal area. It doesn’t add any new authority to anyone. What it does is it just puts the structure in place to help ensure that we can keep Arkansans safe and people who happen to be in Arkansas safe.”

Fort Smith Mayor George McGill praised the agreement’s practical benefits.

“It makes a lot of sense. It provides a policing. The cross-deputization allows the police forces to operate as one,” McGill said. “A large percentage of the employees that casinos have are residents of Arkansas.”

Outcomes can differ depending on a person’s status and location if they are arrested on tribal land in Arkansas.

“If you are a Native American, Choctaw tribal member, and you’re on that particular piece of property, a different set of laws apply,” Baker said, referencing the implications of the McGirt decision for Indigenous people on tribal property. “If you’re not a tribal member, then those laws don’t apply. You’d be going to Sebastian County. (Choctaw officers) could arrest you for violations of Arkansas state law.”

Choctaw Nation Chief Gary Batton said the expanded cooperation will ultimately improve public safety for residents and visitors in the River Valley.

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