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The Indian Child Welfare Act Faces Its Biggest Challenge Yet
Season 2 of the podcast "This Land" follows Brackeen v. Haaland — and the impact of ICWA — as it moves through the courts.
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The law was signed following decades of U.S. policies that aimed to forcibly assimilate Native children — including by sending them to boarding schools.
The Indian Child Welfare Act was signed into law following decades of U.S. policies aimed at forcibly assimilating Native children — including sending them to boarding schools .
Now, it’s facing its most significant challenge yet: Brackeen v. Haaland. The case could be taken up by the Supreme Court this term.
From The Associated Press :
The 1978 law has long been championed by Native American leaders as a means of preserving Native American families and culture. In arguments last year, an Interior Department lawyer said Congress passed the law after finding that adoption standards at the state level were resulting in the breakup of American Indian families.
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Opponents of the law include non-Native families who have tried to adopt American Indian children in emotional legal cases.
“Our clients brought this case to protect their families from being torn apart by a discriminatory federal law,” Matthew D. McGill, lead attorney for the plaintiff families, said in an email. “We are very pleased that [April 2021’s] ruling has confirmed that ICWA’s discriminatory placement preferences are unconstitutional.”
The second season of the podcast “This Land” follows Brackeen v. Haaland — and the impact of ICWA — as it moves through the courts. We talk with host Rebecca Nagle and a legal expert.
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But the game has changed: Congress voted to eliminate funding for public media across the country. Here at LAist that means a loss of $1.7 million in our budget every year. We want to assure you that despite growing threats to free press and free speech, LAist will remain a voice you know and trust. Speaking frankly, the amount of reader support we receive will help determine how strong of a newsroom we are going forward to cover the important news in our community.
We’re asking you to stand up for independent reporting that will not be silenced. With more individuals like you supporting this public service, we can continue to provide essential coverage for Southern Californians that you can’t find anywhere else. Become a monthly member today to help sustain this mission.
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