Native American Youth Face Rising Arrest Rates in Washington

Native American children in Washington state are now more than four times as likely to be incarcerated compared to their white peers, according to recent data. This troubling trend highlights persistent inequities in the state’s criminal justice system, which advocates say disproportionately impacts Indigenous youth. The data, compiled by the nonprofit Sentencing Project and the federal Office of Juvenile Justice and Delinquency Prevention, reveals that the rate of incarceration for Native American children has increased from a ratio of 2.7 times more than their white counterparts in 2001 to 4.5 times in the years 2019 to 2023.

Over the past 30 years, Washington’s courts and the Washington Department of Children, Youth and Families have acknowledged the systemic issues affecting Native American youth. Despite funding initiatives and action plans aimed at addressing racial inequities, the situation has not improved. Joshua Rovner, a senior research analyst at the Sentencing Project, states, “As long as we’ve looked at data for Washington state, Native youth are much, much more likely to be incarcerated than their white peers.”

Disparities in Juvenile Arrests

The disparities become even more pronounced in rural areas. For instance, in Whitman County, Native American children are nearly seven times more likely to face arrest than white children. In Okanogan County, home to the Confederated Tribes of the Colville Reservation, Native American youth constituted 52% of all juvenile arrests in 2022, despite making up only 8% of the county’s population. Many community members express concerns about being unfairly targeted by law enforcement, citing frequent discretionary searches and heightened surveillance practices.

Even before any convictions, Native American children are significantly overrepresented in detention settings. They are 6.4 times more likely to be detained than white children, and after a court ruling, they are 6.1 times more likely to remain in custody rather than receiving community-based alternatives. According to advocates, these disparities stem from structural racism within the criminal justice system rather than differences in behavior.

Legal professionals like Suzanne Hayden, an attorney with the Clallam County Public Defenders office, highlight the challenges faced by Native American youth. She noted, “I don’t know how to make it different unless I, you know, call the judge on his rulings afterwards and say, ‘Well, Your Honor, you were really racist.’”

The Cycle of Incarceration

The cycle of incarceration often begins at a young age. Derrick Belgarde, a former youth detainee and now executive director of the Chief Seattle Club, described his experiences, saying, “I spent so much time in (detention), I was in and out for probation violations.” Belgarde’s journey toward recovery involved addressing his struggles with addiction, but he observes that many youth lack the necessary support to break free from this cycle.

Research indicates that early involvement with the criminal justice system correlates with broader social issues, including poverty and limited access to mental health resources. Belgarde’s experiences reflect how repeated arrests can fracture family relationships and hinder personal development. “It was ruining the household,” Belgarde explained.

Statistics further reveal that Native American youth are not only more likely to be arrested for violent crimes but are disproportionately charged for nonviolent offenses. They are 2.5 times more likely to be arrested for violent crimes and an alarming seven times more likely for nonviolent property crimes, according to 2023 data from the Office of Juvenile Justice and Delinquency Prevention.

Advocates point to overpolicing in communities of color as a key factor driving these disparities. Allie Steinberg, a diversion workshop coordinator with CHOOSE 180, noted that many arrests stem from discretionary decisions rather than mandatory legal obligations.

Washington’s juvenile rehabilitation facilities, like the Green Hill School, are facing serious overcrowding and reports of mistreatment, prompting the state to transfer some young detainees to adult prisons to alleviate this situation. This practice raises further concerns about the treatment and rehabilitation of Native American youth.

Despite various reforms in the juvenile justice system, advocates argue that Native American youth often receive harsher treatment than white children. The case of a Native American child recently sent back to jail for a probation violation illustrates the systemic inequity. Hayden recounted how a judge dismissed an earnest plea from a young client, opting instead to focus on past mistakes: “As far as I was concerned, the court system had just told this kid, ‘We don’t believe what you have to say.’”

Data from 2023 indicates that Indigenous juveniles in Washington are nearly 30 times more likely to be detained for administrative probation violations compared to white children, further highlighting the inequities in the system.

Education and Early Intervention

The school system also plays a critical role in this cycle. Native American students face disproportionately high rates of suspension and expulsion compared to their white peers. Despite ongoing efforts to promote equity, many districts continue to apply exclusionary practices. In Okanogan County, nearly 41% of truancy cases involve Native American youth, many of whom encounter barriers such as lack of transportation and mental health support.

These educational challenges contribute to higher dropout rates and increase the likelihood of future incarceration. Washington’s child welfare agency reports that dropping out of school triples the chances of becoming involved in the criminal justice system. Belgarde himself faced significant challenges during his school years, leading to early dropout and struggles as a young father.

Community organizations like Rise Above aim to provide support to Native American youth, helping them build connections and avoid the legal system. Natalie Welch, the organization’s executive director, emphasizes the importance of investing in preventative measures: “It’s a smart investment to put this money into helping kids upfront instead of trying to solve the problems on the backend.”

While reforms have been introduced, advocates argue that specific measures to address the unique challenges faced by Native American youth are lacking. Legislative efforts, such as House Bill 1274, which aimed to rectify past injustices related to juvenile sentencing, have faced significant obstacles.

Despite some progress, the lack of data collection regarding tribal affiliation during arrests limits understanding of the scope of these disparities. Many tribal governments are not notified when their youth enter state systems, hindering potential support and intervention.

Advocates continue to call on Washington lawmakers to prioritize reforms that address these systemic inequities. As Joshua Rovner succinctly states, “There’s really no good news story here because youth of color are treated more harshly than their white peers whenever the system touches them.” The struggle for justice and equity for Native American youth in Washington remains ongoing, requiring concerted efforts from policymakers, communities, and advocates alike.