Member-only story
Protecting The Indian Child Welfare Act (ICWA)
ICWA is for human rights.
On November 9, 2022, The Indian Child Welfare Act was argued before the U.S. Supreme Court by a non-Native American couple who wanted to adopt a child enrolled in the Navajo Nation. The couple engaged in a legal battle with the Navajo Nation when they adopted a Native American boy. In 2018, a Texas judge found ICWA unconstitutional. The decision was reversed on appeal in the 5th Circuit in 2019, again upholding and affirming ICWA as constitutionally sound. In April 2021, an en banc review upheld ICWA once more, but found certain sections unconsitutional. In September 2021, in part by request by the Department of Justice, a review of the en banc decision was scheduled before the US Supreme Court. A formal decision is expected sometime this month. It is of vital importance for all people to make an effort to protect ICWA. Here’s why.
What is ICWA
According to the BIA, the purpose of the Indian Child Welfare Act (ICWA) is “…to protect the best interest of Indian Children and to promote the stability and security of Indian tribes and families by the establishment of minimum Federal standards for the removal of Indian children and placement of such children in homes which will reflect the unique values of Indian culture… (25 U.S. C. 1902). ICWA provides guidance to States regarding the…
