General

Protecting the Indian Child Welfare Act

On November 9, the U.S. Supreme Court is scheduled to hear oral arguments in Brackeen v. Haaland, a case that will determine the constitutionality of the Indian Child Welfare Act (ICWA). The ICWA, which passed in 1978, is a federal law that gives tribal governments jurisdiction over child welfare placements of Native children. The law prioritizes placing children with their extended families and tribal communities. This has been demonstrated to have positive effects for Native children.

21 amicus briefs were submitted to the Supreme Court in support of the ICWA, from 497 Tribal Nations, as well as Native organizations, states, Congressional representatives, and child welfare organizations.

Our community partner, the National Indian Child Welfare Association (NICWA), in conjunction with the National Congress of American Indians, the Association on American Indian Affairs, and the Native American Rights Fund, started the Protect ICWA Campaign to organize support in the coming months before oral arguments are heard. They are currently running a petition with the goal of 10,000 signatures. Click the link below to sign the petition, learn more about the importance of the ICWA, and other ways you can take action.

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