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#ProudToProtectICWA: Tribal leaders react to hearing in Indian Child Welfare Act case

Wednesday, March 13, 2019

NEW ORLEANS, Louisiana -- The 5th Circuit Court of Appeals heard arguments in a closely-watched Indian Child Welfare Act case here on Wednesday.

Tribal leaders, tribal officials and representatives of Indian Country organizations made a strong showing at the hearing in the case, known as Brackeen v. Bernhardt. Arguments lasted about 90 minutes, and the outcome will determine whether ICWA, which went on the books in 1978, will continue to protect Indian children by ensuring tribes have a voice in adoption and child placement proceedings.

Here's a recap of some of the initial reactions from leaders of the Quinault Nation and the Oneida Nation, whose governments have intervened in the case in order to defend ICWA.

Vice Chairman Tyson Johnston of the Quinault Nation is among the tribal leaders who came to New Orleans to attend the Indian Child Welfare Act hearing. #ProudtoProtectICWA pic.twitter.com/5H826epkDB
— indianz.com (@indianz) March 13, 2019

Chairman Tehassi Hill of the Oneida Nation @OneidaNationWI also came to New Orleans for the hearing in the Indian Child Welfare Act case. #ProudToProtectICWA pic.twitter.com/0yQDYgMUEx
— indianz.com (@indianz) March 13, 2019

Quinault Nation Vice Chairman Tyson Johnston: The Indian Child Welfare Act "has been very successful policy for Indian Country, to right the wrongs of the Indian removal period and make sure that our families remain whole and our nations remain whole." #ProudToProtectICWA pic.twitter.com/yqDRzht181
— indianz.com (@indianz) March 13, 2019

Chairman Tehassi Hill of the Oneida Nation @OneidaNationWI said the Indian Child Welfare Act "has been in place for 40 years. It does a great job in making sure that Indian families stick together." #ProudToProtectICWA pic.twitter.com/XKXhzaZvEK
— indianz.com (@indianz) March 13, 2019

"It does the best to ensure that tribes, as political entities, can maintain our rolls and our membership for as long as possible," Chairman Hill of @OneidaNationWI said outside the federal courthouse where the Indian Child Welfare Act hearing took place. #ProudToProtectICWA
— indianz.com (@indianz) March 13, 2019

So why is the Indian Child Welfare Act under attack? Quinault Nation Vice Chairman Tyson Johnston thinks some states don't "partner well with Indian tribes." His nation works closely with Washington to protect #NativeChildren, he said outside federal courthouse in New Orleans. pic.twitter.com/P80VrMygo0
— indianz.com (@indianz) March 13, 2019

On the other hand, states like Texas, Louisiana and Indiana are trying to do away with the Indian Child Welfare Act entirely. "I think challenges will continue to exist," Quinault Nation Vice Chairman Tyson Johnston said after hearing in Indian Child Welfare Act case.
— indianz.com (@indianz) March 13, 2019

"When nations like us are able to come together and work through these process, it again reaffirms the decades and decades of good policy that this has been for our communities," Quinault Nation Vice Chairman Tyson Johnston said of Indian Child Welfare Act. #ProudToProtectICWA
— indianz.com (@indianz) March 13, 2019

Chairman Tehassi Hill of the Oneida Nation @OneidaNationWI thinks the attacks on the Indian Child Welfare Act are the result of some interesting legal maneuvers. The federal judge in Texas who struck down the law has little experience in Indian law or Indian policy, for example. pic.twitter.com/0JNQP7ViXU
— indianz.com (@indianz) March 13, 2019

"They kind of shopped around for a while to find a court that would side with them," Chairman Tehassi Hill of the Oneida Nation @OneidaNationWI said of the opponents of the Indian Child Welfare Act. #ProudToProtectICWA
— indianz.com (@indianz) March 13, 2019

In addition to the states of Texas, Louisiana and Indiana, some non-Indian couples that want to adopt #NativeChildren without following the Indian Child Welfare Act are also trying to do away with the 40-year-old law. #NativeFamilies
— indianz.com (@indianz) March 13, 2019

The hearing in the Indian Child Welfare Act case lasted about 90 minutes. The three judges from the 5th Circuit Court of Appeals were mostly quiet during arguments, but when they spoke up, their words seemed to say volumes about the need to protect #NativeChildren. pic.twitter.com/xyhpH2Thrj
— indianz.com (@indianz) March 13, 2019

"You used the words 'your children,'" Judge Priscilla Owen told the attorney for the state of Texas. "They are not 'your children.' They are the children of the tribes." #ProudToProtectICWA
— indianz.com (@indianz) March 13, 2019

Another judge also questioned why the Indian Child Welfare Act was being challenged 40 years later. "ICWA has been around a long time," Judge Jacques L. Wiener, Jr. said of the law that went on the books in 1978. "It definitely protects the culture of Indians." #NativeFamilies
— indianz.com (@indianz) March 13, 2019