A federal judge Wednesday ordered the City of Henryetta to stop issuing and enforcing municipal criminal citations against Native Americans within city limits, ruling that federal law leaves no authority for the city to prosecute Indians in Indian Country.
In a 36-page opinion filed in the U.S. District Court for the Eastern District of Oklahoma, U.S. Magistrate Judge Jason A. Robertson granted a preliminary injunction sought by the tribe in its lawsuit against Henryetta, concluding the city likely lacks legal authority to continue such prosecutions.
“This injunction draws no new line,” Robertson wrote. “It enforces the one Congress already drew.”
The Muscogee Nation filed the lawsuit July 8, 2025, arguing the city’s prosecution of Native Americans following the 2020 U.S. Supreme Court decision in McGirt v. Oklahoma interferes with the nation’s federally protected right to self-government. The suit alleges that city officials declined to negotiate a cross-deputization agreement and ignored tribal officials when the issue was raised.
The City of Henryetta’s attorneys argued in their motion to dismiss that the U.S. Supreme Court’s decision in Oklahoma v. Castro-Huerta, which departed from past precedent and held that state governments have concurrent jurisdiction over crimes in Indian Country involving non-Indian defendants whose victim is Indian, means the default rule now considers states to have jurisdiction in Indian Country.
Robertson disagreed, denying the motion to dismiss Nov. 18 and further striking down the city’s argument in Wednesday’s opinion. Robertson said nothing in the Castro-Huerta decision suggests a political subdivision may exercise independent criminal jurisdiction within Indian Country absent authority given by Congress.
“If the state lacks authority to prosecute Indians in Indian Country absent congressional authorization, the city necessarily lacks it as well,” Robertson wrote.
The order temporarily bars Henryetta and its officials from “initiating, pursuing, or enforcing” municipal prosecutions against any Native American for alleged conduct occurring within city limits. The order extends to traffic offenses, misdemeanors and municipal code violations until further order of the court.
Muscogee Nation Principal Chief David Hill praised the judge’s ruling Thursday.
“The nation appreciates Judge Robertson’s thorough explication of governing law, his detailed findings of fact confirming the nation’s dedication to public safety and its expenditure of significant governmental resources in that regard, and his firm commitment to adhering to the rule of law,” Hill said.
Tevis Hillis, press secretary for Gov. Kevin Stitt, said the governor disagrees with the ruling.
“Gov. Stitt strongly believes that Oklahoma’s laws must apply equally to everyone, regardless of their race,” Hillis said. “He strongly disagrees with the court’s ruling and looks forward to this decision being corrected as the case moves forward on appeal.”
Judge Robertson: ‘It is a matter of law.’
Robertson framed the dispute as one centered on constitutional obligations and tribal sovereignty.
“Sovereignty is not a matter of preference; it is a matter of law,” Robertson opened his opinion, adding that the case required the court not to “break new ground” but instead “hold the line.”
His opinion emphasized that treaties involving the Muscogee Nation remain legally binding and that Indian Country reservation status did not disappear because of statehood or later political developments.
“It is an act of fidelity to this nation’s word,” Robertson wrote while discussing treaty obligations and constitutional protections.
Henryetta argued against the injunction and, in part, relied on state-court precedent supporting municipal authority. But Robertson rejected that argument, finding federal law takes precedence over conflicting interpretations in state courts.
Robertson stated federal supremacy “does not allow a state court to redraw federal jurisdiction lines drawn by Congress and affirmed by the Supreme Court.”
The judge also addressed concerns that limiting municipal prosecutions could create public safety problems, but he said examples given by the Muscogee Nation in briefings and testimony showed that cross-deputization agreements between tribal and local law enforcement agencies have successfully functioned in other parts of the nation’s eastern Oklahoma reservation.
Robertson pointed specifically to the City of Coweta as an example of a municipality cooperating with the Muscogee Nation.
The judge wrote the injunction would not remove legitimate authority from Henryetta but instead would prevent the city from exercising authority that “Congress never gave.”
The injunction in the Henryetta case is temporary as the suit moves forward. Henryetta remains free to enter into cross-deputization agreements with the Muscogee Nation and continue working with tribal authorities in investigations and public safety efforts, according to Robertson’s opinion.
A similar case involving a district attorney instead of a municipality is also pending before the 10th Circuit Court of Appeals. Presented with a similar injunction ask, the U.S. District Court for the Northern District of Oklahoma denied the Muscogee Nation’s request to prevent Tulsa County District Attorney Steve Kunzweiler from prosecuting non-member Indians. The two rulings represent a clear split between how Oklahoma’s federal district courts are applying the McGirt decision.
Henryetta filed a notice of decision regarding the Kunzweiler case Nov. 7, but Robertson wrote that the Northern District decision in that case is based on a separate record and is not controlling in the Eastern District.
“This court’s analysis proceeds from the evidence before it and from binding Supreme Court and 10th Circuit authority,” Robertson wrote. “This order does not create new law. It enforces old promises. It reaffirms that within the geographic boundaries of the Creek Reservation, the Constitution, federal statutes, and treaties govern jurisdiction: not municipal preference, not state expedience, and not political convenience.”
