The U.S. Supreme Court announced today that it will hear several cases challenging the constitutionality of the Indian Child Welfare Act.
The U.S. Supreme Court announced Monday that it will hear several cases challenging the constitutionality of the Indian Child Welfare Act, or ICWA. The law was passed in 1978 in response to the disproportionate removal of Native children from their homes, families and communities.ICWA basically provides Tribes with an opportunity to intervene when state child welfare and adoption agencies consider whether to remove a Native child from a home.
Some states passed their own ICWA laws, but those laws must offer additional benefits – not change or remove the application of federal law. Many of the arguments opposing ICWA say that law illegally discriminates against non-Native families based on race when placing Native children in homes. And that’s the argument at the core of Brackeen v. Haaland. The case began as a lawsuit in 2018 in Texas. It challenges ICWA as a race-based law and says it should be struck down based on equal-protection grounds.
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