Happy #NativeAmericanHeritageMonth. Everyday this month I am sharing a little lesson. #WeAreStillHere #NativeIn2019
This week's theme is US Federal Indian policy and today’s lesson is the Indian Child Welfare Act.
This week's theme is US Federal Indian policy and today’s lesson is the Indian Child Welfare Act.
When the Indian Childhood welfare Act passed in 1978, Congress recognized that 25-35% of Native children had been adopted out of their homes, families and tribes by White and non-Native families. Native communities lost a full third of that generation.
ICWA was created to keep Native kids with Native families. When a Native kid is up for adoption the law prioritizes a family member, another tribal member, or a Native home for placement.
Even with ICWA in place, Native children are still placed in foster care at disproportionate rates. In SD, Native Americans are less than 15% of the population, but Native kids represent 50% of all children in foster care, with almost 90% of them being raised in non-Native homes
In Minnesota, Natives Americans are only 1.4 percent of the population, but Native kids represent 23.9 percent of the kids in the state foster care system.
Today, the far right is trying to get ICWA declared unconstitutional. They say they’re fighting for the well-being of Native children, but hidden in their legal arguments is an effort to gut Federal Indian Law and undermine the rights of tribes.
Groups including the Goldwater Institute, powerful corporate lawyers, the adoption industry and conservative Attorney Generals have mounted a relentless string of litigation.
They argue that ICWA is unconstitutional because it treats native children differently based on race.
They argue that ICWA is unconstitutional because it treats native children differently based on race.
But ICWA, like all of Federal Indian Law is based on political status—tribal citizenship—not race.
If iCWA was declared unconstitutional bc it’s based on race it could follow that most of the laws protecting Native American rights would be vulnerable or struck down completely
If iCWA was declared unconstitutional bc it’s based on race it could follow that most of the laws protecting Native American rights would be vulnerable or struck down completely
In an important case, the opposition got a win this week. After a 3 judge panel upheld the constitutionality of ICWA in Aug the 5th Circuit just agreed to re-hear the case, vacating that decision and victory.
redlakenationnews.com/story/2019/11/…
redlakenationnews.com/story/2019/11/…
