Oglala Sioux Tribe President Bryan Brewer. Photo Ardis McRae, Native Sun News

The Oglala Sioux Tribe of South Dakota might start arresting non-Indians as a test of its sovereignty, President Bryan Brewer said.

According to the U.S. Supreme Court decision in Oliphant v. Suquamish Indian Tribe, tribes lack criminal authority over non-Indians unless authorized by treaty or statute. Tribes have been following the 1978 ruling but Brewer suggested it's time for a change.

"I believe we're going to start arresting everybody. Non-Indians. If they commit a crime on a reservation, we're going to arrest him, take them through our courts and see what happens," Brewer told KSFY. "We know it will go to the Supreme Court, but we want to test it, we want to test our sovereignty and we talk about our sovereignty."

Congress has addressed Oliphant by recognizing tribal jurisdiction over non-Indians in S.47, the reauthorization of the Violence Against Women Act. But the provision is limited to certain domestic violence offenses committed on reservations in the lower 48 states.

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What is tribal sovereignty? (KSFY 5/20)