Ranking Members Grijalva and Leger Fernández Celebrate SCOTUS Decision to Uphold Indian Child Welfare Act, Protect Native Families
Washington, D.C. – House Natural Resources Committee Ranking Member Raúl M. Grijalva (D-Ariz.) and Indian and Insular Affairs Subcommittee Ranking Member Teresa Leger Fernández (D-N.M.) today issued the following statements on the U.S. Supreme Court’s decision in Brackeen v. Haaland, a case that challenged the constitutionality of the bipartisan Indian Child Welfare Act (ICWA). ICWA has been instrumental in protecting the well-being and best interests of Native children and families for nearly 45 years.
“The court made the right decision today not just for Native children and families, but for tribal sovereignty at large,” said Ranking Member Grijalva. “ICWA is considered the gold standard for child welfare across the board and today’s decision rightfully upholds that standard for Native youth and future generations. Keeping Native children in their own communities with access to their traditional languages and cultures is critical to addressing the intergenerational trauma that this country forced upon Indian Country for far too long.
“The challenges made in the Brackeen case also dangerously put tribal sovereignty on the line by threatening to erroneously erase tribal membership as a recognized political status. We are relieved that the court sided with sovereignty today and look forward to continuing our work here in Congress to uphold the U.S. government’s trust and treaty responsibilities,” Grijalva concluded.
“This decision reinforces what every tribal member knows: that vulnerable native children belong where they will grow up sharing in the rich language, culture and heritage of their Tribe and tribal families. The decision also reaffirms that tribal nations are sovereigns which enjoy a unique and special trust relationship with the Federal Government. Congress has the power and responsibility to preemptively legislate on Indian affairs so we can reverse the harm and historical trauma inflicted on Tribal nations.” said Ranking Member of the Subcommittee on Indian and Insular Affairs, Rep. Leger Fernández.
Background
Prior to bipartisan passage of ICWA in 1978, American Indian and Alaska Native children were systematically separated from their parents, extended families, and communities by state and private adoption agencies, often without evidence of harm or neglect. An overwhelming 85 percent of these children were placed in non-Native homes, isolating them from their culture and community support systems.
ICWA was enacted to provide standards to state governments in handling child abuse and neglect and adoption cases involving children who hold tribal citizenship by setting minimum requirements for accountability and consideration. ICWA has empowered tribal governments and families to ensure that the constitutional rights of Native youth are better protected.
On Aug. 19, 2022, 87 members of Congress, including then-Chair Grijalva, then-Subcommittee Chair Leger Fernández, Senators Brian Schatz (D-Hawaiʻi) and Lisa Murkowski, Chair and Vice Chair of the Senate Committee on Indian Affairs, respectively, and Reps. Sharice Davids (D-Kan.) and Tom Cole (R-Okla.), co-chairs of the Congressional Native American Caucus, filed an amicus brief to the U.S. Supreme Court defending the constitutionality of ICWA in Haaland v. Brackeen.
On May 9, 2023, Ranking Member Grijalva held a roundtable with expert panelists to discuss the history and significance of ICWA and its role in protecting Native children and families. CLICK HERE to watch a recording of the roundtable.
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