The Bureau of Indian Affairs’ Coronavirus Response at Indian Country Detention Facilities

On March 27, 2020, the Coronavirus Aid, Relief, and Economic Security Act (CARES Act) was enacted. It included $8 billion for direct payments to Indian Tribes and $522 million of direct appropriations to the Bureau of Indian Affairs (BIA) and Bureau of Indian Education (BIE) for COVID-19 response. Given this infusion of funding, we examined the impact of COVID-19 on the Indian detention system from April 1, 2020, to May 31, 2020, including the actions the BIA and the tribes have taken to respond to outbreaks of this virus, and how other longstanding challenges have affected the BIA’s response.We worked with the Office of Justice Services (OJS) to distribute a questionnaire to all 96 Indian Country detention facilities, reviewed OJS policies, and conducted interviews with Bureau and detention facility officials. We received responses from 59 of the 96 facilities (61 percent). The results provided us with overall case numbers and insight on how Indian Country detention facilities implemented the Centers for Disease Control (CDC) guidance for social distancing, cleaning, personal protective equipment (PPE), and health screenings. To address the spread of COVID-19 in Indian Country detention facilities, we found that the OJS issued guidance and screening tools, provided funding for deep cleaning, and provided PPE.Inmate overcrowding and inadequate staffing levels are two longstanding challenges that continue to affect Indian Country detention facilities. These challenges further increase the risk that inmates will contract COVID-19. Facility officials told us that they attempted to obtain COVID-19 tests, work with tribal governments to obtain early releases or home confinement, increase social distancing, and screen inmates and staff within the unique constraints of each detention facility.Detention facilities, including those in Indian Country, face significant challenges in overcoming COVID-19 outbreaks because inmates live, work, eat, and participate in activities in close proximity to each other. It is critical that OJS and detention facility officials remain focused on this issue and continue to monitor, communicate, and implement the latest guidance from health professionals.