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The Supreme Court upheld the Indian Child Welfare Act – a 1978 federal law that prevents the removal of Indigenous children from their community’s or family’s custody – in Brackeen v. Haaland’s final ruling Thursday morning.

Justice Neil Gorsuch praised the ruling, saying that Indigenous communities and families will be protected by the law to raise their children and practice their culture in raising them without interference.

“The Court goes a long way toward restoring the original balance between federal, state and tribal powers the Constitution envisioned,” Gorsuch said in a concurring opinion.

The Indian Child Welfare Act was created to protect Indigenous communities and ensure that children were not separated from their relatives and culture. Before the law was put in place, nearly 90% of the Indigenous children placed in out-of-home care were placed into the custody of non-Indigenous communities.

The Supreme Court first heard the Brackeen v. Haaland case on Nov. 9, 2022. The Brackeens, a Texas couple that was seeking custody of an Indigenous child, along with the state of Texas, Louisiana and Indiana, challenged the ICWA.

The Brackeens argued that the act violated the Constitution’s 10th amendment because states are given jurisdiction over custody, not the federal government. However, since ICWA was enacted in 1978, Indigenous children’s custody is considered to be under the jurisdiction of the federal government.

Deb Haaland, secretary of the U.S. Department of the Interior, defended the ICWA, saying it keeps indigenous children connected to their families unless there is “good cause” to separate them. Justices Amy Coney Barrett wrote the majority opinion to turn down the challenges. Only justices Clarence Thomas and Samuel Alito dissented, making the final vote 7-2.

Indigenous Nations across the country have released statements reacting to Thursday’s ruling. Choctaw Nation Chief Gary Batton wrote that the ICWA was created to correct extreme historical injustices against Indigenous families.

“The law remains a critical part of protecting Native American heritage and tribal sovereignty. We are glad to see the Supreme Court recognized the important benefits of ICWA and allowed the law to stand,” Batton wrote.

The Cherokee Nation Chief Chuck Hoskins also commented on the decision over Twitter, calling the ICWA the “gold standard” in child care.

“Today’s decision is a major victory for Native tribes, children and the future of our culture and heritage,” Hoskins wrote.

Published on June 15, 2023 at 9:58 pm

Contact Roxanne: rmboychu@syr.edu