“Feather Alert” bill for MMIP cases debated in North Dakota Legislature

North Dakota House Bill 1535 would have law enforcement issue a “Feather Alert” when an Indigenous person goes missing in the state under dangerous, unexplained, or suspicious circumstances, is abducted or is presumed to be in the presence of dangerous company.

The bill comes as the local Native community grapples with multiple MMIP cases, including the disappearance of Renzo Bullhead, a 20-year-old student at United Tribes Technical College. The Standing Rock tribal member was last seen March 16 on the Burlington Northern train bridge. Surveillance footage shows him on the bridge around 8 p.m. that night, but not leaving the site.

State Rep. Jayme Davis, who introduced HB 1535 on Jan. 20, is an enrolled member of the Turtle Mountain Band of Chippewa. She said there are currently 16 MMIP cases in North Dakota.

“The Feather Alert will be another tool in our toolbox to combat the missing and murdered Indigenous people epidemic,” said Davis. She added that her legislation has rolled out in coordination with HB 1199, which seeks to improve communication among all agencies and would create an MMIP task force.

Davis’s bill, if passed, would allow law enforcement to issue a Feather Alert through the state’s Bureau of Criminal Investigation. The BCI and North Dakota Highway Patrol would create an operational plan for responding to such requests, and the Indian Affairs commission would implement the Feather Alert system, acting as a liaison between tribal, state, and federal agencies.

During a March 27 hearing, close relatives of Bullhead — including his aunt, Rony Leaf — were present to show their support for the bill.

“This legislation represents hope, not only for our family but countless families who may have been themselves in similar situations,” Leaf said, as Bullhead’s mother and stepfather stood alongside her, holding posters of their son. Leaf said timely interventions were often few and far between for MMIP cases, resulting in the need for the Feather Alert system and a unified front from tribes and local governments.

Overall, eight people — all with ties to the Native community — testified in favor of Davis’s bill. Many referred to other MMIP cases in the region, including the murder of Olivia Lone Bear, a mother of five whose body was found in a submerged truck in 2018.

“Olivia’s case was delayed by jurisdictional confusion, lack of coordination between the law enforcement agencies, and limited resources dedicated to finding Indigenous people,” State Rep. Lisa Finley-DeVille said, adding that a Feather Alert system would ensure MMIP cases receive more urgent response and community attention.

Lt. Jenna Clawson Huibregtse, of the North Dakota Highway Patrol, and Steve Harstad, Chief Agent of the BCI, voiced reluctant opposition to the bill.

Huibregtse said that as the Highway Patrol’s alerts coordinator and after working “intensely” with the tribes for 10 years, she found it difficult to be speaking against the legislation in its current form. She acknowledged that Native people are disproportionately affected by the issue but said she was concerned about overburdening the existing alert system and therefore limiting its effectiveness. She pointed out that there are already Amber Alerts for children, Silver Alerts for senior citizens, and Blue Alerts for police officers.

“When people are fatigued by alerts, they shut their notifications off and we are no longer able to reach them when a vulnerable or abducted person goes missing,” Huibregtse said in an email to Buffalo’s Fire.

At the hearing, she proposed renaming Feather Alert to “Missing and Endangered Persons Alert” to include all North Dakotans. She said there’d be strong emphasis written into alerts to highlight the fact that Indigenous people go missing at a rate 10 times more than other races. But she also stated, “If the race of the person is unknown the alert will not be delayed for race identification.”

Huibregste said limiting the statewide alert system to four alerts would cover the most vulnerable populations and abduction cases, and the Missing and Endangered Persons Alert would have a special Indigenous designation that gets sent out over mobile phones and a website link. She said the planning for that would need to be done in consultation with tribes.

Harstad also said he didn’t like speaking against the Feather Alert bill and agreed with Huibregste that the bill’s language needed some changes.

“There is a need for an awareness for missing and murdered Indigenous people within the state of North Dakota,” he testified. “However, I feel this alert method is not the best way to bring that awareness. We want a consistent alert that people can understand when they receive it.”

Bullhead’s relatives were quick to respond to the opposition to the Feather Alert bill.

“If entities such as the Highway Patrol and the ND Bureau of Criminal Investigation are concerned about the overuse of alerts, they must realize the responsibility then falls on them to take more active efforts in locating our missing relatives,” Delaine Blue Thunder, Renzo’s stepfather, said in an email. “The Feather Alert system is not a burden; it is a necessary tool, like those successfully implemented in other states, such as New Mexico and California, that respects the urgency and significance of these cases.”

In the same email, Bullhead’s mother, Diedra Leaf, said the absence of a Feather Alert system has left families like theirs in a continuous cycle of uncertainty and heartache.

“As we desperately search for our son, I am reminded that time is of the essence. The Feather Alert could be the critical beacon of hope that leads to the safe return of our loved ones, especially for missing Indigenous people. This isn’t just about legislation; it’s about lives and the urgency of bringing our children home.”

HB 1535 remains with the Senate State and Local Government Committee, which meets on Thursdays and Fridays.

“I spoke with Madame Chair [Kristin] Roers, and she asked if I’d be OK with an amendment that would also include an overall ‘missing endangered persons alert’ that would be under certain criteria,” Rep. Davis told Buffalo’s Fire in an email. “Of course, I’m not going to say no to additional alerts that could help find people.”

Davis said that she stands firmly committed to the Feather Alert legislation but is working on language that would address concerns from law enforcement. The next working session on HB 1535 is not scheduled yet.

“Whenever it is, I will be in the room to do everything I can to ensure our Feather Alert gets passed,” said Davis.