(SitNews) Washington, D.C. - The American Civil Liberties Union, along with 12 ACLU state affiliates, filed an amicus brief with the U.S. Supreme Court today urging the court to uphold the constitutionality of the Indian Child Welfare Act. The Indian Child Welfare Act (ICWA) — which establishes basic requirements to protect Native American children from continued forced removal from their families, tribes, and tribal culture — is slated to be reviewed by the Supreme Court this fall via Brackeen v. Haaland. 

The Indian Child Welfare Act was passed by Congress in 1978 to address the nationwide epidemic of American Indian children being forcibly removed from their homes by child welfare agencies and placed into non-Native homes at disproportionate rates. Throughout history, federal and state governments have sought to undermine and threaten the existence of tribes via the forced separation and assimilation of Native children. ICWA requires state courts to make active efforts to keep Native families together. The law aims to prioritize the placement of Native children within their extended families or tribal communities, where their cultural identities will be understood and celebrated. If the Supreme Court overturns ICWA, states would once again be allowed to indiscriminately remove Native children from their families and culture while simultaneously depriving tribes of future generations — putting the very existence of tribes in jeopardy.

“Throughout history, the United States government has enacted countless policies to steal Indigenous children from their homes and to erase their identities,” said Theodora Simon (Navajo), Indigenous Justice Advocate with the ACLU of Northern California. 

Simon said, “The explicit goal of these policies was, and continues to be, the complete erasure of Indigenous people. If the Indian Child Welfare Act is overturned, tribes will again be stripped of their right to keep their families together. This is a tragedy as we know that having connection to our cultures, languages, and identities is in the best interest of Native children.”

Tribes have an inherent right to govern themselves and make decisions on issues that affect their people - including Native children. The ACLU’s brief argues the Indian Child Welfare Act is constitutional and urges the Supreme Court to uphold the centuries-long legal precedent upholding tribal sovereignty - including tribes’ right and ability to preserve their unique cultural identities, raise their own children and govern themselves. 

“Separating children from their families and communities remains one of the most tragic and traumatizing vestiges of colonialism in Alaska,” said ACLU of Alaska Executive Director Mara Kimmel. “We join this litigation to honor our constitutional promise of tribal self-determination and to ensure Alaska’s children and cultures thrive into the future.”

The brief was filed by the ACLU, ACLU of Alaska, dACLU of NorCal, ACLU of Arizona, ACLU of Maine, ACLU of Montana, ACLU of Nebraska, ACLU of New Mexico, ACLU of Oklahoma, ACLU of South Dakota, North Dakota, and Wyoming chapter, ACLU of Texas, ACLU of Utah, and ACLU of Washington.

The Supreme Court will hear oral arguments in Brackeen v Haaland on November 9, 2022. 



Related:

Download the amicus brief filed 08/18/22 with the U.S. Supreme Court (pdf)

Edited By: Mary Kauffman, SitNews



Source of News:

ACLU Alaska
www.acluak.org

 

Representations of fact and opinions in comments posted are solely those of the individual posters and do not represent the opinions of Sitnews.

SitNews ©2022
Stories In The News
Ketchikan, Alaska

Articles & photographs that appear in SitNews are considered protected by copyright and may not be reprinted without written permission from and payment of any required fees to the proper freelance writers and subscription services. E-mail your news & photos to editor@sitnews.us Photographers choosing to submit photographs for publication to SitNews are in doing so granting their permission for publication and for archiving. SitNews does not sell photographs. All requests for purchasing a photograph will be emailed to the photographer.