Native Americans Face Persistent Incarceration Disparities in US Justice System

(NATIONAL) Native Americans are disproportionately impacted by incarceration in the United States–a troubling trend that exists across state prisons, local jails, and youth detention facilities. Recent analyses from The Sentencing Project and the Prison Policy Initiative shine light on the systemic inequities and regional disparities that contribute to these injustices.

Overrepresentation in Prisons and Jails

Throughout the country, Native Americans are incarcerated at higher rates than other racial groups. According to the Prison Policy Initiative, Native people are imprisoned in state and federal facilities at a rate of 763 per 100,000–twice the national average and more than four times higher than the rate for white people. This issue also persists in local jails, where the Native incarceration rate is 316 per 100,000, compared to 157 for white people.

In Indian Country jails, the jail population grew by 19% between 2020 and 2023, mirroring a nationwide trend of increasing jail space despite efforts to address mass incarceration. In one single month in 2021, nearly 5,800 individuals entered Indian Country jails.

Disproportionate Impact on Youth

The Sentencing Project reports that Native youth are confined at a rate of 181 per 100,000, which is nearly four times higher than their white peers. Juvenile facilities, ranging from detention centers to youth prisons, hold Native youth at rates higher than those of white, Asian, and Hispanic youth combined. 

In states like South Dakota, North Carolina, and Minnesota, Native youth are five to 19 times more likely to be detained than white youth. Despite an overall 59% drop in juvenile placements between 2011 and 2021, disparities in many states have stayed stagnant or worsened.

Impact on Native Women

Native women face unique challenges within the justice system. They represent 2.5% of incarcerated women despite making up just 0.7% of the US female population, according to data cited by the Prison Policy Initiative. This overrepresentation is made worse by broader crises affecting Native women, including high rates of violence and the ongoing epidemic of Missing and Murdered Indigenous Women (MMIW).

Challenges with Data Accuracy

Both analyses highlight issues regarding how Native individuals are represented in criminal justice data. Many Native people identify as multiracial, but some datasets only count those who identify solely as American Indian or Alaska Native, leading to underreporting. Inconsistencies in data collection obscure the full scope of disparities and hinder efforts to address the problem.

Regional Inequities and Trends

While national data shows systemic overrepresentation, regional trends portray even starker disparities. For example, Native incarceration rates in states like South Dakota, Montana, and Alaska far exceed the national average. Conversely, some states, such as Arizona, New Mexico, and Oklahoma, have made progress in reducing youth incarceration disparities.

Though, in Oklahoma, jurisdictional shifts post-McGirt may also be impacting state incarceration rates. 

A Call to Action

The combined findings highlight the pressing need for criminal justice reforms that address the unique challenges faced by Native communities. Advocates point to the importance of improving data collection, reducing jail-building trends in Indian Country, and investing in alternatives to incarceration.

As the justice system addresses these systemic inequities, the voices of Native communities must play a central role in shaping solutions. Ending these disparities is not only a matter of justice–it’s a critical step toward addressing the ongoing marginalization of Native people in the United States.