***For Immediate Release***
June 15, 2023
Contact: Sierra Salgado Pirigyi
Communications Director, Nebraska Appleseed
Office: (402) 438-8853 ext 116
sierrasp@neappleseed.org
U.S. Supreme Court Correctly Upholds The Indian Child Welfare Act
WASHINGTON, D.C. – Today, the U.S. Supreme Court issued a monumental decision in Brackeen v. Haaland correctly upholding the Indian Child Welfare Act (“ICWA”).
ICWA was passed in the 1970s in response to the United States’ alarming history of separating almost all Native children from their families and forcing them into non-Native placements, intentionally removing them from their culture to threaten the future of Tribes. ICWA intended to repair this especially disparate treatment, adding special protections to child welfare cases involving Native children that discourage their placement outside of their families or Tribes, unless necessary. ICWA correctly assumes it is in a child’s best interest to maintain their relationship with their families, community, and Tribe, and avoid the imposition of white, non-Native standards onto Native families. Since its initial passage, ICWA has been challenged for its alleged unjustified special treatment to Tribes in cases involving their children, ignoring ICWA’s context and purpose, and Tribes’ sovereign legal relationship to the United States government.
Today in Brackeen, the U.S. Supreme Court rightfully and overwhelmingly rejected such challenges, allowing ICWA to stand strong and continue protecting Native families. The Court notably concluded that the arguments made against ICWA run “headlong into the Constitution,“ and reminded that “there is no resource that is more vital to the continued existence and integrity of Indian tribes than their children.”
Nebraska Appleseed’s Child Welfare Program Director Sarah Helvey issued the following statement in response:
“The U.S. Supreme Court’s decision in Brackeen is absolutely correct. ICWA is a vital and just law, and the gold standard for child welfare case decision-making. ICWA prioritizes keeping families together and maintaining a child’s connection to their culture. ICWA protects Tribes’ inherent and fundamental sovereignty from government encroachment and their relationships with their most sacred members – their children. ICWA is thoughtful and works to strengthen Native families.
Today, ICWA is stronger than ever. We must continue using it to protect and uphold the rights of Native families, who continue to be unnecessarily brought into Nebraska’s foster care system at incredibly high rates, more so than most other states. These families deserve this monumental upholding of their right to be together.”
Nebraska Appleseed is committed to continuing to advocate for the full and correct application of ICWA in Nebraska child welfare cases. It is strong, correct, and good child welfare policy. To see how you can help, please visit our friends at the Nebraska Indian Child Welfare Coalition to learn more about their important work to uphold and educate on ICWA right here in Nebraska.
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