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Protect ICWA Campaign statement on ICWA decision
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.
Yesterday, the U.S. 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). Read the Protect ICWA Campaign’s full statement here: https://t.co/NrMaW0qVRK pic.twitter.com/NPL2ahi1s1
— National Congress of American Indians (@NCAI1944) April 7, 2021
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)
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Fifth Circuit Court of Appeals: Brackeen v. Haaland (April 7, 2021)‘It takes our own people to help our own people’: Marchers honor lost Native children (November 27, 2020)
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Crushing Colonialism: Colonizer theft of Indigenous children (November 17, 2020)
Indian Country Today: Fate of Indian Child Welfare Act up to federal courts (October 12, 2020)
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