This is a unique legal loophole in the U.S.: If a non-native comes on a reservation and commits any crime, the non-native should be prosecuted by a federal court. Tribal law can arrest and hold someone for a year, but tribal law cannot prosecute non-natives. So since the federal courts are so overloaded, some of the cases get tossed out.

In this quote, Jason Momoa addresses a legal loophole in the United States' treatment of crimes committed on Native American reservations. He explains that if a non-native person commits a crime on a reservation, they should be prosecuted by a federal court, not the tribal authorities. This is due to the complex legal framework that governs Native American lands, where tribal law has the authority to arrest and detain individuals but lacks the power to prosecute non-natives. Momoa points out that because the federal courts are already overloaded with cases, some criminal cases involving non-natives get dismissed or delayed, exacerbating the lack of justice for crimes committed in these communities.

Momoa is highlighting the inherent inequities in the way crimes involving non-natives on reservations are handled by the U.S. legal system. This situation creates a jurisdictional gap, where individuals who are subject to tribal laws may not be held accountable in the same way as those under the federal system. The lack of prosecution for non-native offenders in these instances can lead to feelings of injustice among Native American communities, who are often marginalized both legally and socially.

The legal loophole Momoa refers to also sheds light on broader issues of sovereignty for Native American tribes, as their inability to prosecute non-natives on their lands undermines their self-governance. This gap between tribal and federal law raises significant questions about how the U.S. government deals with Native American rights and the protection of these communities under the law. By drawing attention to this issue, Momoa advocates for greater legal reforms that would allow tribes to have full jurisdiction over criminal cases, regardless of the offender’s background.

The origin of this quote is tied to Momoa’s advocacy for Native American rights and his broader awareness of social justice issues. Known for his support of indigenous communities and their cultural and legal rights, Momoa uses his platform to bring attention to these systemic problems and the need for legal reform to ensure that Native Americans are treated fairly within the justice system.