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In a recent television interview with KVOA I made the statement that the city is in the process of ceding to the Pasqua Yaqui Tribe certain land near I-10 and Grant Road. I further stated that once that transfer is in place a private group such as Planned Parenthood can move onto the land and offer abortion services outside the reach of the Supreme Court’s recent ruling on Roe v Wade. I’m issuing this statement to correct the record – even when the land is ceded to tribal authority, non-Indian residents are NOT beyond the reach of federal or state law so no such facility could operate and effectively circumvent federal or state law.
The law on this issue is complex and is evolving. On the issue of tribal land effectively becoming a safe haven, recent tribal legal advice makes it clear that “The United States prohibits tribes from exercising criminal jurisdiction over non-Indian United States citizens, except in very limited circumstances. A non-Indian who provided abortion care to a non-Indian patient would violate state criminal laws, subjecting both parties to state prosecution, even if the care was provided in Indian country.”
To be clear, the comment I made to KVOA was mine, was not grounded in solid legal counsel, and was not based on conversations that have taken place between me, city legal authority and any representatives from the tribe.
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