Discover and read the best of Twitter Threads about #defendicwa

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OUCH: The partial dissent in the Indian Child Welfare Act case is finally out and it's not the greatest for the #DefendICWA campaign. Judge Priscilla Owen thinks certain parts of ICWA are unconstitutional "because they direct state officers or agents to administer federal law."
In the 9-page partial dissent, Judge Priscilla Owen identifies these provisions of the Indian Child Welfare Act as illegal:
* 25 U.S.C. § 1912(d)-requiring a state seeking to effect foster care placement of an Indian child to satisfy the court that active efforts have been made.
* 25 U.S.C. § 1912(e)-prohibiting foster care placement unless a State presents evidence from “qualified expert witnesses .. that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child”
Read 10 tweets
Today, the 5th Circuit Court of Appeals heard oral arguments in Brackeen v Berhardt.

If you care about...

the wellbeing of Native children
Native American rights in any capacity
the future existence of tribes

you need to follow this case!! Here's why:
#THREAD #DefendICWA
When ICWA, the Indian Child Welfare Act, was created 1/3 of all Native children had been adopted out of their tribe & were raised by White families. ICWA says when a Native child is up for adoption family members, tribal members or Native homes are prioritized for placement
Even with ICWA in place Native kids are disproportionately separated from their families, tribes and culture. Today, over half of US states are out of compliance.
Read 16 tweets
Hey @TheAtlantic before publishing this “good White Christian couple wanted to save poor Indian child and the bad Native rights law won’t let them” article, did you pause and think maybe this is racist?

#NativeTwitter #DefendICWA @mthomps @najournalists

theatlantic.com/family/archive…
I guess the fact checkers were on vacation. 🤷🏻‍♀️

ICWA has been challenged on these ground hundreds of times. And each time it’s been thrown out bc the law and precedent are clear. This isn’t uncharted legal territory.
Read 7 tweets

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