Protect ICWA Campaign statement on ICWA decision

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The Protect ICWA Campaign is run by the National Indian Child Welfare Association, the National Congress of American Indians, the Association on American Indian Affairs and the Native American Rights Fund.

Wednesday, April 7, 2021

Indianz.Com

The Protect ICWA Campaign issued a statement in connection with the federal appeals court decision in a closely-watched Indian Child Welfare Act (ICWA) case.

The statement follows:

“Yesterday, April 6, 2021, the United States Fifth Circuit Court of Appeals published its en banc decision in Brackeen v. Haaland, a case challenging the constitutionality of the Indian Child Welfare Act (ICWA).

While the Protect ICWA Campaign is pleased to see that the court recognized that ICWA generally is within Congress’s authority, we are deeply concerned that aspects of this opinion misunderstand the unique relationship between the United States and tribal nations. The opinion is 325 pages long, and given its length and complexity, we are still analyzing the decision and will provide further information in the coming days.

ICWA is in the best interest of Indian children and families, and we are firmly committed to protecting the law.”

The Protect ICWA Campaign was launched by the National Indian Child Welfare Association, the National Congress of American Indians, the Association on American Indian Affairs and the Native American Rights Fund. The organizations are working together to protect Indian children and ICWA.

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5th Circuit Court of Appeals Decision [En Banc]

Brackeen v. Haaland (April 6, 2021)

Prior 5th Circuit Court of Appeals Decision

Brackeen v. Bernhardt (August 9, 2019)
Brackeen v. Bernhardt Partial Dissent (August 16, 2019)