Collectively our ten organizations are leading conveners for business leaders in championship for diverse communities: Pan-Asians, Blacks, Hispanics, women, LGBTQ, Native Americans, persons with disabilities and employees of all and no faiths. We redouble on our mission of promoting inclusion and stand together in collaboration to address the adverse impacts of the COVID-19 pandemic. While low-wage earners are particularly vulnerable during this public health and economic crisis, the coronavirus outbreak has also claimed disproportionate numbers of lives in communities of color and has given rise to a surge of anti-Asian sentiment. We call on our members, partners and associates to join us along with the growing list of Supporting Companies in affirming the following 5-Point Action Agenda:

Promote Inclusion: Advocate for a diverse and inclusive workplace and society

Raise Awareness: Highlight the unique impacts of COVID-19 on vulnerable groups

Denounce Bias: Encourage individuals to report virus-linked discriminatory acts against Pan-Asians and other targeted groups and communities in the workplace and in public

Support Communities: Contribute time, knowledge and / or other resources to aid frontline workers, COVID-19 victims and families

Give Donations: Provide funds and / or other resources to support vulnerable populations of people and impacted businesses

Finding sustainable solutions to the current public health, social and economic challenges is a global imperative. Discrimination targeted at Pan-Asians in forms of shunning, harassment and assaults impedes our ability to stem the spread of the pandemic. About 20% of U.S. healthcare workers are immigrants; 17% of doctors in the U.S. are of Asian descent, while people of all backgrounds work to save lives on the frontline. Discriminatory threats against any first responders also put at risk the patients they serve and delay finding a cure for the disease. Pan-Asians and our diverse communities are an integral part of the solutions to this global crisis.

Heeding historical precedents for scapegoating marginalized groups for diseases and economic instability, our organizations are working together to combat anti-Asian stigma and all forms of bias based on age, color, disability, ethnicity, gender, gender identity, national origin, race, religion, sexual orientation and veteran status. We will continue to advance best practices to safeguard protections for Pan-Asians and other marginalized employee segments. These efforts also include working with key coalitions such as CEO Action for Diversity & Inclusion to advance awareness and education of bias at the highest levels of the business community.

We recognize the fight against the current pandemic requires a whole-of-society approach. We urge supporters to engage in our programming, share widely our 5-Point Action Agenda and resource materials. Post-COVID-19 recovery will require the collective networks, capacities, knowledge and skills of our organizations. Almost 200 years ago, Alexis de Tocqueville observed that the success of America’s experiment is our exceptional belief in the "common good." We are all in this together; now more than ever, we need to ascend to the challenges before us and rebuild a whole post-crisis world. Together, our organizations and Supporting Companies will act to catalyze progress for our resilient future.

National Association of Black Accountants (NABA, Inc.)

National Congress of American Indians (NCAI)

100+ Corporations & Partner Organizations Support COVID-19 Action Agenda

 - The National Congress of American Indians (NCAI) and the Native American Rights Fund (NARF) applaud the decision by the U.S. Census Bureau to request statutory authority from Congress to extend 2020 Census operations by 120 days.

The U.S. Census Bureau has requested that field data collection and self-response for the 2020 Census be extended until October 31, 2020 due to the impact of the coronavirus (COVID-19) pandemic, which has already resulted in a suspension of all census field operations. The Bureau further requested that apportionment counts be delivered to the President by April 30, 2021 and redistricting data be delivered to the states by July 31, 2021.

The U.S. Census Bureau’s in-person field operations are critical to getting a complete count of rural Indian Country and urban American Indians/Alaska Natives (AI/ANs). Although millions of Americans can respond to the census questionnaire through the Internet, by phone, or by mail, those options are largely unavailable to AIANs. Most AI/AN tribal areas and reservations are located in geographically isolated areas that lack access to broadband and reliable cellular coverage. AIANs living on reservations or in rural areas typically lack street addresses which prevents them from receiving census materials by mail. These barriers and others, such as language and illiteracy, are why the U.S. Census Bureau has designated many households in tribal areas to receive their 2020 Census questionnaire directly from Bureau staff visting their communities.

The impact of the U.S. Census Bureau’s suspension of field operations on Indian Country is profound. While the national response self-response rate is over 48 percent, the self-response rates in many tribal areas that depend on in-person enumeration are in the low single-digits

Fort Apache Reservation (Arizona) - self-response rate of 1.7 percent;

Crow Reservation (Montana) - self-response rate of 2.3 percent;

Pine Ridge Reservation (South Dakota) - self-response rate of 2.9 percent;

Acoma Pueblo (New Mexico) - self-response rate of 3.7 percent;

Pala Reservation (California) - self-response rate of 4.4 percent; and

Turtle Mountain Reservation (North Dakota) - self-response rate of 4.9 percent.

“The COVID-19 pandemic is having an unprecedented impact on efforts to get a complete count in Indian Country,” said Natalie Landreth, Senior Staff Attorney at NARF. “Native Americans living on tribal lands had an undercount of at least 4.9 percent in 2010, the highest of any population group. If Bureau staff and their national and tribal partners do not have sufficient time to complete the count of urban Natives and those living on reservations, entire tribal nations could virtually disappear. That will cost tribes and the State and local communities where they are located billions of dollars in lost federal funding, and deprive AI/ANs of their constitutional right to vote.”

“Following safety guidelines in the wake of COVID-19 and having a full and accurate count in the 2020 Census should not be mutually exclusive. We call on Congress to ensure tribal nations are not forgotten nor left behind,” said NCAI CEO Kevin Allis. “The data collected from the 2020 Census will inform the formulas used to determine funding and political representation that will be crucial to tribal communities moving forward as we recover from the COVID-19 pandemic. For too long, Indian Country has been undercounted, underfunded, and underrepresented. We hope that this extension will allow enough time for field operations to resume and safely provide the in-person enumeration that is essential to a full and accurate count of AI/ANs in this country.”

NCAI and NARF encourage Members of Congress to work with the U.S. Census Bureau and provide the Bureau with the legal authority to extend 2020 Census Operations by 120 days. In a time of crisis, we must all unite to ensure that all Americans, including AIANs, are counted.

Founded in 1970, NARF is the oldest and largest non-profit dedicated to asserting and defending the rights of Indian tribes, tribal organizations, and individual Indians nationwide. For the past 48 years, NARF has represented over 275 Tribes in 31 states in such areas as tribal jurisdiction, federal recognition, land claims, hunting and fishing rights, religious liberties, and voting rights. For more information, visit 

NCAI and NARF Joint Statement on Recent Census Announcement and Call for Congress to Extend Census Operations

 As national civil rights organizations, we know that everyone must be equitably included in the protections and support provided by the CARES Act if we are to slow the spread of coronavirus in our communities and revive our economy. Now more than ever, our fates are tied together. Unfortunately, the CARES Act passed one week ago fails to meet a simple moral test - that we protect the most vulnerable among us. In the United States, the most vulnerable disproportionately includes communities of color, yet this legislation fails to adequately safeguard communities of color. We are deeply disappointed and urge Congress and states to remedy this mistake in the next rounds of COVID-19 legislation.

The CARES Act passed by Congress fails to meet this test in part because it largely excludes immigrant and mixed-status families, including their U.S. citizen children, from Unemployment Insurance and direct stimulus payments. We believe that all workers must be eligible for rebates, including those who pay federal taxes with ITIN numbers provided by the IRS. We all have a stake in making sure immigrant workers who are on the front lines of producing and distributing food and caring for the sick, elderly, and disabled are able to stay safe.

We applaud the progress that was made last week to refocus the CARES Act on hospitals and working people, but our work is not finished until everyone is included. So we ask Congress to do the right and wise thing by enacting additional legislation to include all families, including those that happen to include an immigrant.

####

Advancement Project, National Office, Asian & Pacific Islander American Health Forum, Demos, Faith in Action, NAACP, National Congress of American Indians, National Urban League, Race Forward, and Unidos US are a collaborative of nine leading national Racial Equity Anchor Organizations supported by the W.K. Kellogg Foundation. Together we work to promote racial equity, advance racial healing, and ensure that all children, families and communities have genuine opportunities to reach their full potential.

Civil Rights and Racial Justice Organizations Lament Absence of Full Inclusion of All People in CARES Act Coverage

On Friday, March 27, 2020, the National Congress of American Indians (NCAI) announced the passage and signing of H.R. 748, the Coronavirus Aid, Relief and Economic Security (CARES) Act. This bill includes $10 billion in funding set-asides for tribal nations. Advocates from across Indian Country worked tirelessly to ensure that the bill included these and other resources to enable tribal nations and communities to respond to and recover from the effects of the novel coronavirus (COVID-19) pandemic.

NCAI expresses its sincere gratitude for the tireless efforts of our tribal partners and our Congressional champions on both sides of the aisle for ensuring Indian Country was included in the CARES Act. We look forward to our continued work with the Administration and both chambers of Congress to ensure tribal nations have the resources they need to protect their communities in the face of this pandemic. We would also like to thank all of the healthcare and service workers who are on the frontlines in response to COVID-19, especially those working in tribal clinics and Native communities.

Indian Country has long been greatly underfunded and during this current pandemic our tribal nations are feeling the impact. The resources in the CARES Act are welcome relief, but our work is not done. Now, more than ever, we call on all of our champions in the House, Senate, and Administration to uphold the federal treaty and trust obligations to tribal nations by ensuring legislation and federal policy provides ample resources and flexibility to Indian Country as soon as possible so that all can work to provide for the health, safety, and well-being of our communities.

To learn more about NCAI’s current efforts and the latest news and information around the COVID-19 pandemic, please visit 

Founded in 1944, the National Congress of American Indians is the oldest, largest and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of tribal governments and communities, promoting strong tribal-federal government-to-government policies, and promoting a better

About the National Congress of American Indians:

understanding among the general public regarding American Indian and Alaska Native governments, people and rights. For more information, visit 

The National Congress of American Indians Message of Gratitude and Call to Action

Mashpee Wampanoag Tribe Threatened with Land Disestablishment, Tribal Leaders Step in to Address Ongoing Land Issues and Threats to Sovereignty

On Friday, March 27, 2020, the Secretary of the Interior notified the Mashpee Wampanoag Tribe that he has ordered the disestablishment of the Tribe’s reservation, an act that would take Mashpee’s tribal homelands out of trust status. This action is being taken despite Interior’s prior commitment that no such action would be taken until litigation defending the status of the Tribe’s reservation is resolved. This surprise action is a devastating blow to not only the Mashpee Wampanoag Tribe but all of Indian Country, particularly during the COVID-19 pandemic, and violates the federal government’s solemn trust responsibility to safeguard tribal nations and their lands.

“The steps being taken right now – in the middle of a nationwide pandemic – to disestablish our reservation and take our land out of trust has created a crisis on top of a crisis. Our land is sacred. It’s where our people receive health services. It’s where our children attend our language immersion school. It’s where we are building houses for our citizens. Taking our land is a direct attack on our culture and our way of living,” said Mashpee Wampanoag Tribal Chairman Cedric Cromwell. “We now have no choice but to divert precious resources from COVID-19 to address this unwarranted attack on our sovereignty. This is an unconscionable act that’s ushered in a new termination era, and it is the latest evidence of the erosion of the Department’s willingness to act consistent with its trust duties to protect tribal lands.”

The land within the Mashpee Reservation has been Mashpee Wampanoag land since time immemorial, and was set aside in trust to serve as a permanent homeland for present and future generations of Mashpee citizens. Last week’s misguided decision undermines the Tribe’s ability to continue to self-govern, provide vital programs and services to its citizens, and protect its traditional lands and cultural resources.

Last year, through a strong bipartisan vote, the House of Representatives passed H.R. 375 (companion bill, S. 2808), commonly referred to as the “Clean 

 Fix,” which would have protected Mashpee’s and other tribal nations’ rights to permanent homelands by resolving the damage caused to Indian Country by the Supreme Court’s baseless 2009 opinion in 

 Unfortunately, the Senate has so far failed to consider or take any action on this legislation, which is intended to restore certainty and fairness to all tribal nations in the land-into-trust process. For a decade, Indian Country has advocated that Congress address the 

 problem and that this should be achieved by (1) restoring the Secretary of the Interior’s authority under the Indian Reorganization Act to take land into trust for all federally recognized tribal nations; and (2) reaffirming existing Indian trust lands, which NCAI noted in its 

“Removing the homelands of established communities and villages endangers the very existence of an entire nation of people. This is unacceptable, and such an action during this pandemic is an outrage,” said Kevin J. Allis, CEO of the National Congress of American Indians.

“At a time when tribal governments and their leaders are desperately working to protect the health of their citizens and the economic security of their communities in the face of the catastrophic COVID-19 pandemic, they shouldn’t also have to contend with attacks on their tribal homelands from the very trustee that is legally obligated to protect those homelands,” continued Allis. “Just like with the destruction of the sacred sites of the Tohono O’odham along the southern border, that of the Apache and Yavapai peoples at Oak Flat in Arizona, the endangerment of Bears Ears and Chaco Canyon, and the inability of our Native brothers and sisters in Alaska to take land into trust, this latest action illuminates a disturbing pattern: the federal government and this Administration’s brazen assault on the right and ability of all tribal nations to sustain their cultures, identities, and ways of life through deep and abiding connections to their time-honored places.”

“The action by this Administration in rendering such a decision is dishonorable and reprehensible on its face, but to do so when we are fighting a national pandemic is shameful. If there was any question before, it is clear that we are experiencing a crisis in Indian Country at this moment,” said President Kirk Francis of USET’s Sovereignty Protection Fund. “We must all come together, stand up, and fight to protect our inherent sovereign rights to and authorities on our own lands. Congress has had more than a decade to do the right thing. Baseless and nefarious challenges to our sovereign right to restore and rebuild our tribal nations, after decades and centuries of unjust actions that robbed of us of our lands and natural resources as the United States pursued its growth and expansion through a rationalization of manifest destiny, must come to an end. It is time that the United States Congress finally does the honorable thing and pass a clean 

NCAI and the USET Sovereignty Protection Fund exist to strengthen and support tribal sovereignty for tribal nations such as the Mashpee Wampanoag and the 574 federally recognized tribal nations in the United States. We call upon our champions in the United States Senate to advance the passage of H.R. 375/S. 2808 with all due haste. Its passage would represent a monumental victory for Indian Country, as tribal land bases are integral to tribal sovereignty and economic opportunity.

The Mashpee Wampanoag Tribe, also known as the People of the First Light, has inhabited present day Massachusetts for more than 12,000 years. After an arduous process lasting more than three decades, the Mashpee Wampanoag were re-acknowledged as a federally recognized tribe in 2007. In 2015, the federal government declared 150 acres of land in Mashpee and 170 acres of land in Taunton as the Tribe’s initial reservation, on which the Tribe can exercise its full tribal sovereignty rights. The Mashpee tribe currently has approximately 2,700 enrolled citizens.

Founded in 1944, the National Congress of American Indians is the oldest, largest and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of tribal governments and communities, promoting strong tribal-federal government-to-government policies, and promoting a better understanding among the general public regarding American Indian and Alaska Native governments, people and rights. For more information, visit

About the USET Sovereignty Protection Fund (USET SPF):

Established in 2014, the USET Sovereignty Protection Fund (USET SPF) is a non-profit, inter-Tribal organization advocating on behalf of thirty (30) federally recognized Tribal Nations from the Northeastern Woodlands to the Everglades and across the Gulf of Mexico. USET SPF is dedicated to promoting, protecting, and advancing the inherent sovereign rights and authorities of Tribal Nations and in assisting its membership in dealing effectively with public policy issues.

This afternoon, President Trump issued an emergency declaration in the wake of the coronavirus (COVID-19) global pandemic. NCAI is currently engaging key Administration officials to ensure that vital federal programs and funding continue to support the needs of Indian Country.

The National Congress of American Indians (NCAI) is receiving a lot of questions from tribal nations and others about the current coronavirus (COVID-19) pandemic and requests for help with finding credible, factual information. NCAI has created a webpage featuring links to resources on COVID-19 from known and reliable sources.

http://www.ncai.org/initiatives/partnerships-initiatives/resources-for-indian-country-coronavirus

NCAI also recommends caution when viewing information on social media unless it comes from trusted sources. Most of the resources on our webpage use the Centers for Disease Control and Prevention (CDC) Coronavirus Disease 2019 (COVID-19) webpage to develop their information.

https://www.cdc.gov/coronavirus/2019-ncov/index.html

Thank you for all you are doing for our communities during this difficult time. We plan to send regular updates on this topic to ensure you have the latest information.

NCAI Update and Coronavirus (COVID-19) Resource Webpage

The Protect ICWA Campaign Urges Federal Appeals Court to Affirm ICWA’s Constitutionality Following Oral Arguments in Brackeen v. Bernhardt

(NEW ORLEANS, January 22, 2020)—Following today’s United States Fifth Circuit Court of Appeals oral arguments in the 

 case, the Protect ICWA Campaign, consisting of the National Indian Child Welfare Association, the National Congress of American Indians, the Association on American Indian Affairs, and the Native American Rights Fund, issued the following statements:

“We look forward to the Fifth Circuit Court of Appeals’ decision,” said Sarah Kastelic, Executive Director of the National Indian Child Welfare Association. “We are confident the Fifth Circuit will affirm ICWA’s strong constitutional grounding. ICWA protects children in state child welfare systems and helps them remain connected to their families, cultures, and communities.”

“NCAI applauds the strong advocacy of the intervening tribes and the federal government, as Indian Country’s trustee, in defending the constitutionality of the Indian Child Welfare Act before the entire Fifth Circuit Court of Appeals this morning,” said Kevin Allis, NCAI Chief Executive Officer. “We pray for relief that upholds ICWA in its entirety and continues to protect the best interests of Indian children and families.”

"There has been an overwhelming amount of resources coming forward to support the Indian Child Welfare Act. We should be spending our resources protecting Indian children and not fighting interest groups that seek to dismantle the government-to-government relationship between the United States and Tribes. The Fifth Circuit will be on the right side of history protecting Indian children, and by doing so strengthening the child welfare system for all children," said Shannon Keller O’Loughlin, Executive Director and Attorney for the Association on American Indian Affairs.

“We are confident the full Fifth Circuit Court of Appeals will again confirm the constitutionality of the Indian Child Welfare Act,” said John Echohawk, Executive Director of the Native American Rights Fund. “We will always stand with our children, families, and Tribes against any and all efforts to diminish our communities, well-being, and sovereignty.”

The Indian Child Welfare Act (ICWA) is a 41-year-old federal law protecting the well-being and best interests of Indian children and families by upholding family integrity and stability and keeping Indian children connected to their community and culture. ICWA also reaffirms the inherent rights of tribal nations to be involved in child welfare matters involving their citizens.

The law protects the best interests of American Indian and Alaska Native children by requiring agencies and courts take into account not just the immediate needs of Indian children, but also their long-term interests as they grow and move into adulthood.

A nationwide coalition of 495 tribal nations, more than 60 Native organizations, 26 states and the District of Columbia, 77 members of Congress, 31 leading child welfare organizations, and Indian and constitutional law professors agree ICWA is vital to the well-being of Indian children and the stability and integrity of Indian families today.

full text of the Indian Child Welfare Act

The following briefs were filed at the U.S. Court of Appeals in the Fifth Circuit in 

486 Tribes and 59 Indian Organizations Brief

Casey Family Programs and Child Welfare Organizations Brief

Administrative Law and Constitution Law Professors Brief

Native American Women, Indian Tribes, and Organizations Brief

The Protect ICWA Campaign (the Campaign) was established by four national Native organizations: the 

National Indian Child Welfare Association

. Together, the Campaign works to serve and support Native children, youth, and families through upholding the Indian Child Welfare Act. The Campaign works to inform policy, legal, and communications strategies with the mission to uphold and protect ICWA.

The Protect ICWA Campaign Urges Federal Appeals Court to Affirm ICWA’s Constitutionality Following Oral Arguments in Brackeen v. Bernhardt

(NEW ORLEANS, January 21, 2020) — On Wednesday, January 22, the full United States Fifth Circuit Court of Appeals (Fifth Circuit) will rehear Brackeen v. Bernhardt, a case challenging the constitutionality of the Indian Child Welfare Act (ICWA), and the Protect ICWA Campaign and its coalition partners will be there, on behalf of Indian Country, to show support for the 41-year-old law that protects the best interests of Indian children and families.

In 2018, a federal district court in Texas, in a widely criticized decision, held that ICWA violates the U.S. Constitution. Last year, in response to appeals brought by the federal government and the intervening tribal nations at that time (the Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, Quinault Indian Nation, and the Navajo Nation), a three-judge panel from the Fifth Circuit reversed that decision, reaffirming the constitutionality of ICWA. In an en banc review, complex cases of broad legal significance are reconsidered by the entire court, and not just a three-judge panel. For the Brackeen v. Bernhardt case, the decision reached by the en banc review panel will replace the three-judge panel decision from August 2019.

“We are proud to be part of a broad bipartisan coalition supporting the Indian Child Welfare Act,” said the Protect ICWA Campaign, noting that the pro-ICWA coalition has helped garner support from 495 federally recognized tribes, 26 states and the District of Columbia, 77 members of Congress, more than 60 Native organizations, and the nation’s leading experts in child welfare, constitutional law, administrative law, and Indian law. “We are confident that the hearing before the full panel of judges signifies the Court’s recognition of how careful Congress was to craft ICWA as a model of cooperative federalism, and how important ICWA is every day in helping achieve the best interests of Indian children and families.”

Principals from the Protect ICWA Campaign will be available for interviews following the hearing, including leadership and representatives from the National Indian Child Welfare Association (NICWA), National Congress of American Indians (NCAI), Association on American Indian Affairs (AAIA), and the Native American Rights Fund (NARF). To schedule interviews, please contact NICWA Strategic Communications Manager Amory Zschach at 

Sarah Kastelic, NICWA executive director
Kevin Allis, NCAI chief executive officer
Derrick Beetso, NCAI general counsel
Shannon Keller O’Loughlin, AAIA executive director and attorney
Erin C. Dougherty Lynch, NARF senior staff attorney
Dan Lewerenz, NARF staff attorney

Wednesday, January 22. Court convenes at 9:00 a.m. Central Time.

United States Court of Appeals for the Fifth Circuit
John Minor Wisdom U.S. Court of Appeals Building
600 Camp Street, New Orleans, Louisiana, 70130

amicus brief submitted by the leading child welfare experts



Protect ICWA Campaign
The Protect ICWA Campaign (the Campaign) was established by four national Native organizations: the 

Protect ICWA Campaign Partners to Attend Fifth Circuit Court’s Brackeen v. Bernhardt Rehearing

The National Congress of American Indians (NCAI) applauds President Trump’s signing of the recent bills that help advance the preservation of culture, rights, and sovereignty for American Indians and Alaska Natives. Most notable of the three bills is the passage and signing of the National Defense Authorization Act that granted federal recognition to the Little Shell Tribe of Chippewa Indians of Montana, making the Tribe the 574th federally recognized tribal nation in the United States. “Signing these bills into law, the President affirmatively acknowledges the existing government-to-government relationship between the United States and tribal nations, and the responsibility Congress and the Administration both have in ensuring the lives of American Indians and Alaska Natives across the county are improved,” said NCAI’s CEO Kevin Allis. “We only ask for what has been promised to us in Indian Country, through treaties and past legislation, and the President’s actions recognize the debt owed to the first peoples of this country,” Allis states.

It is important to understand that the term “Indian Country” is leveraged broadly as a general description of Native spaces and places within the United States, and it is inclusive of the hundreds of tribal nations that occupy these spaces. The term is used with positive sentiment within Native communities, by Native-focused organizations such as NCAI, and news organizations such as Indian Country Today. In law, the term Indian country (lower case “c”) is found in several areas of the United States Code, and is also an official legal term referenced in many Supreme Court opinions, collectively articulating the meaning as it pertains to federal law relating to American Indian land and people.

When used appropriately, Indian Country takes on a powerful meaning, legally and symbolically, for all tribal nations. Indian Country is wherever American Indian spirit, pride, and community are found. It resides not only in law books, legislation, and historical treatises, but also on ancestral homelands, within our homes, and in the hearts of American Indian and Alaska Native people everywhere.

NCAI Response to Usage of the Term, "Indian Country"

(PORTLAND, Ore. December 13, 2019) — Today, 486 federally recognized American Indian and Alaska Native Tribes and 59 Native organizations 

 to the Fifth U.S. Circuit Court of Appeals defending the constitutionality of the Indian Child Welfare Act (ICWA) as part of the Court’s en banc proceedings.

The Protect ICWA Campaign strongly supports this effort to defend ICWA, which was joined by 26 States and 77 members of Congress, and other partners who know how critical ICWA is in achieving the best interest of Indian children and families in state child welfare proceedings.

The briefs were filed in Brackeen v. Bernhardt, the federal lawsuit in which three states and a handful of individual plaintiffs have challenged the constitutionality of ICWA. Earlier this year, a three-judge panel of the Fifth Circuit affirmed that ICWA is constitutional. However, following a recent order by the Fifth Circuit, the full en banc court is currently considering this case with oral arguments scheduled in late January 2020.

"We're pleased, once again, at the overwhelming expression of support for the Indian Child Welfare Act," said Sarah Kastelic, Executive Director of the National Indian Child Welfare Association. "It's no surprise that tribal governments, states, members of Congress, and child welfare experts alike support important protections of ICWA that ensure considerations necessary to determine the best interest of each Indian child."

“The National Congress of American Indians, the oldest and largest organization made up of tribal nations, stands alongside Native children and families today, to educate the Fifth Circuit about the critical protections the Indian Child Welfare Act provides to our communities and the importance of honoring tribal authority to make determinations concerning our Indian children and our Indian families,” said Kevin J. Allis, Chief Executive Officer of the National Congress of American Indians.

“The overwhelming support from Indian Country, states, child welfare organizations, and others is evidence of how ICWA works to protect the Indian child and family, as the gold standard in child welfare,” said Shannon Keller O'Loughlin, Executive Director and Attorney for the Association on American Indian Affairs. “The interests that seek to overturn ICWA are those interests that make money in the adoption industry. We will continue to fight to protect our children and give them every opportunity to live healthy and strong.”

"I am happy but not surprised by the number of signatories that joined on this brief—Indian country stands as one in support of the Indian Child Welfare Act,” said John Echohawk, Executive Director of the Native American Rights Fund. “Support for ICWA is strong and consistent across tribes as well as organizations and individuals who work on child welfare issues. It is known as an essential protection that promotes our children's well-being. Well-being that historically has been neglected and ignored."

https://www.narf.org/nill/documents/20191213brackeen-tribe-amicus.pdf

Protect ICWA Campaign Applauds Legal Filing by Large Coalition of Tribal Nations and Native Organizations Defending the Indian Child Welfare Act (ICWA)

NCAI Video: Change The Mascot

(PORTLAND, Ore. November 7, 2019) — Today, the U.S. Circuit Court of Appeals for the Fifth Circuit granted rehearing en banc in the case Brackeen v. Bernhardt. The Protect ICWA Campaign, consisting of the National Indian Child Welfare Association, the National Congress of American Indians, the Association on American Indian Affairs, and the Native American Rights Fund, issued the following statement in response:

“This summer, a three-judge panel of the Fifth Circuit upheld the constitutionality of the Indian Child Welfare Act (ICWA), and we remain confident that upon rehearing en banc the full court will do the same.

For centuries, the United States Congress, Executive Branch, and Supreme Court have affirmed the unique political status of tribal nations and Native people. ICWA was enacted with that unique political status in mind and applies only to tribal nations that share a government-to-government relationship with the United States and to Indian children and families who share in that relationship. We are confident the Fifth Circuit will affirm ICWA’s strong constitutional grounding.

In addition, for more than 150 years, the U.S. Supreme Court has recognized that this federal authority to legislate with regard to tribal nations and native people is not limited by reservation borders but extends to wherever Indians may live. When Congress enacted ICWA, it carefully balanced the respective powers of tribes, states, and the federal government to create process that protects Indian children nationwide.

ICWA has long been recognized as best practice in child welfare and it includes broad support in this case from, among others, 21 states, 325 tribal nations, 57 Native organizations, 31 leading child welfare organizations, Indian and constitutional law scholars, and members of Congress.

ICWA is vital for protecting the well-being of Indian children across the United States today and tomorrow. The Protect ICWA Campaign will continue to work with tribal nations, tribal leaders, and allies to ensure a strong Indian Child Welfare Act for future generations of Indian families.”

Fifth Circuit Court of Appeals to Rehear Brackeen v. Bernhardt

Trump Administration’s Regulation Punishes Immigrant Families for Using Life-Saving Services

 – On August 12th, the Trump Administration’s Department of Homeland Security announced it will be publishing its finalized public charge rule, continuing its history of actions and policies harmful to immigrant communities.

The finalized rule change, which is expected to be published on August 14, 2019, will go into effect on October 15, 2019. These changes will likely have a chilling effect – not only increasing the number of immigrants denied lawful permanent residence based on their use of certain government services, household income, and other criteria, but also dissuading families eligible for Medicaid and other public benefits intended to support their health and well-being from availing themselves of those benefits.

Despite more than 250,000 individuals submitting comments opposing these proposed changes, the Department of Homeland Security’s decision to move forward with this rule – along with the ICE sweeps in Mississippi and ongoing family separations at the border – is just another example of how the Administration’s words and actions seek to undermine the rights of and opportunities available to immigrant families.

The proposed changes to the public charge rule punish low-income, immigrant families of color who access essential services, such as nutrition assistance and health care. The rule favors immigrants who have completed higher education, speak fluent English, and are younger. Obviously, these proposed changes will negatively impact the number of people who are able to get a green card, and in turn, impact those who will later be eligible for U.S. citizenship. This is another shameful attack on working-class immigrant families who, once they became citizens, would be able to vote and fully participate in our democracy.

Advancement Project National Office, Asian & Pacific Islander American Health Forum, Demos, Faith In Action, National Association for the Advancement of Colored People, National Congress of American Indians, National Urban League, Race Forward and UnidosUS are a collaborative of nine leading national racial equity anchor organizations supported by the W.K. Kellogg Foundation. Together we work to promote racial equity, advance racial healing and ensure that all children, families and communities have genuine opportunities to reach their full potential.

Joint Statement on Trump Administration’s Regulation Punishes Immigrant Families for Using Life-Saving Services

NCAI Response to Latest Flawed Poll on R*dskins Team Name

“This new poll, which purports to survey individuals who self-identify as Native Americans with no ability to confirm their identity, is equally as flawed and unreliable as the Washington Post’s 2016 poll. It proves nothing, nor does it absolve the NFL of its moral obligation to discard the longstanding symbol of racism and division that serves as the mascot of its Washington franchise,” said Kevin Allis, CEO of the National Congress of American Indians. “The fact is that hundreds of tribal nations and Native organizations representing hundreds of thousands of Native people across this country are on record formally opposing the continued use of harmful ‘Indian’ themed mascots, with the dictionary defined ‘R*dskins’ racial slur the most offensive among them. From the Penobscot Nation in Maine to the Nottawaseppi Huron Band of the Potawatomi in Michigan to the Nez Perce and Shoshone-Bannock tribes in Idaho, tribal nations are educating state governments, sports leagues, and school boards with increasing success about the need to do away with these mascots once and for all. The National Congress of American Indians has worked for the past five decades towards this end, and we will not rest until every single disrespectful ‘Indian’ mascot that demeans our peoples is gone from sports and popular culture.” 

yesterday's call by the Native American Journalists Association

 retract the unreliable date sets and all associated reporting connected to this latest poll.

The National Congress of American Indians (NCAI) is the oldest, largest, and most representative American Indian and Alaska Native organization serving the broad interests of tribal governments and communities. It has been leading Indian Country’s movement to eradicate offensive “Indian” mascots from sports and popular culture for the past 50 years by educating schools, sports leagues, and the general public about the 

(PORTLAND, Ore. August 9, 2019)— Today, the Fifth Circuit Court of Appeals published its decision in 

 the federal court challenge to the Indian Child Welfare Act (ICWA). The court’s decision affirmed the constitutionality of ICWA, recognizing the unique political status of tribal nations and upholding the federal law that is so critical to safeguarding Indian child welfare. It is a resounding victory for the law and those who fought to protect it.

ICWA is vital for protecting the well-being of Native children. Today’s decision reaffirms tribal nations’ inherent sovereign authority to make decisions about Native children and families wherever those children and families may live.

As today marks the International Day of the World's Indigenous Peoples, the Protect ICWA Campaign Partners celebrate this decision as it upholds centuries of Supreme Court precedent and protects the best interests of Native children and families.

"This ruling is a strong affirmation of the constitutionality of ICWA and the inherent tribal authority to make decisions about the well-being of member children, whether they live on or off of tribal lands. ICWA remains the gold standard of child welfare policy and practice; it is in the best interest of Native children," said Sarah Kastelic, executive director of the National Indian Child Welfare Association.

“The National Congress of American Indians commends the efforts of the intervening tribes—the Cherokee Nation, Morongo Band of Mission Indians, the Navajo Nation, the Oneida Nation, and the Quinault Indian Nation—the Bureau of Indian Affairs, the Department of Justice, and all others in Indian Country that joined this fight to protect our Native children. Today’s decision that clearly defines the breadth of the relationship between the federal government and tribal nations, sends a sharp message as to the strength of tribal sovereignty, which will safeguard Indian Country from such misguided litigation in the future,” said Kevin Allis, CEO of the National Congress of American Indians.

Shannon Keller O’Loughlin, executive director and Attorney for the Association on American Indian Affairs ecstatically stated, “the Association has fought since the early 1960s to make sure that Indian children and their extended families can stay connected and that our diverse cultures can be passed on to coming generations. The Fifth Circuit’s decision today acknowledges Indian Nations’ important political and sovereign rights to protect Indian children and families and strengthen the continuation of our cultures.”

John Echohawk, executive director of the Native American Rights Fund, applauded the Fifth Circuit’s return to core Indian law principles that go back to the founding of the United States. “It is so great to see the Fifth Circuit follow federal Indian law as we know it and uphold the constitutionality of the Indian Child Welfare Act,” he said.

https://www.narf.org/nill/documents/20190809brackeen-icwa-opinion.pdf

Fifth Circuit Court of Appeals Reaffirms the Constitutionality of ICWA

CALL TO ACTION: How You Can Help Tribal Nations in the Midwest Hit Hard by Recent Severe Storms and Flooding

Dangerous flooding and severe storms in the Midwest have devastated tribal nations across the region. This disaster has destroyed local roads, tribal buildings, and critical infrastructure. Tribal nations are working hard to address the needs of their citizens and repair damages, but they need your assistance. If you would like to send monetary donations, supplies, or any other assistance, please reach out to the tribal contacts listed below.





Tribal Contact: David Nelson, Emergency Manager
Phone: 605-964-6559
Email: 

You can mail your monetary donations to the following address:
Attn: Bernita Clark, Tribal Treasurer
Cheyenne River Sioux Tribe
P.O. Box 590
Eagle Butte, SD 57625

Tribal Address for Supplies: Please call the tribal point of contact to verify supply needs before sending any items.
If you would like to send supplies to the Cheyenne River Sioux Tribe, please contact David Nelson.





Tribal Contact: Melissa Cook, Intergovernmental Affairs Manager
Phone: 715-799-5114 ext. 1263
Email: 

You can mail your monetary donations to the following address:
Attn: Melissa Cook, Intergovernmental Affairs Manager
P.O. Box 910
Keshena, WI 54135

Tribal Address for Supplies: Please call the tribal point of contact to verify supply needs before sending any items:
W2908 Tribal Office Loop Road
Keshena, WI 54135





Tribal Contact: Robert Oliver, Emergency Manager
Phone: 605-747-2444

Monetary Donations:

You can mail your monetary donations to the following address:
Attn: Robert Oliver, Emergency Manager
P.O. Box 4030
Rosebud, SD 57570

Tribal Address for Supplies: Please call the tribal point of contact to verify supply needs before sending any items.
If you would like to send supplies to the Rosebud Sioux Tribe, please contact Robert Oliver.





Tribal Contact: Chairwoman Susan Lowe
Phone: 800-236-2195

Monetary Donations:

You can mail your monetary donations to the following address:
Attn: Micheala Lowe
24663 Angeline Ave.
Webster, WI 54893

Tribal Address for Supplies: Please call the tribal point of contact to verify supply needs before sending any items:
Round Lake Community Center
2221 60th St
Luck, WI 54853





Tribal Contact: Richard Leasure, Emergency Manager
Phone: 605-384-5012

Monetary Donations: You can mail your monetary donations to the following address:
Att: Kenny Cook, Treasurer
P.O. Box 1153
Wagner, SD 57380

Tribal Address for Supplies: Please call the tribal point of contact to verify supply needs before sending any items:
Yankton Sioux Tribe Administration Building
800 Maine Ave, SW
Wagner, SD 57380



If you have any questions, information, or concerns, please contact NCAI.



NCAI Contact Info: Kelbie Kennedy, Policy Counsel, 

CALL TO ACTION: Assisting Midwest Tribal Nations Impacted by Severe Storms and Flooding

NCAI Announces Appointment of Four Tribal Leaders to Serve

as Co-Chairs of Climate Action Task Force

 | Today, the National Congress of American Indians (NCAI) announced the appointment of four tribal leaders to serve as the inaugural Co-Chairs of NCAI’s new Climate Action Task Force. NCAI President Jefferson Keel announced the establishment of the Task Force at NCAI’s Executive Council Winter Session in February. The four Co-Chairs are:

Melanie Bahnke, President, Kawerak, Inc.
Brian Cladoosby, Chairman, Swinomish Indian Tribal Community
Beverly Cook, Tribal Chief, St. Regis Mohawk Tribe
Stephen Roe Lewis, Governor, Gila River Indian Community

“These leaders oversee cutting-edge initiatives that work to mitigate and adapt to the impacts of climate change on Native communities,” said Keel. “They bring a wealth of knowledge to the Task Force, and will serve as able stewards as the Task Force commences its critical work on this grave challenge to our peoples, places, cultures, and economies.”

The working mission of the Task Force is to “document, inform, and support the climate action efforts of tribal nations and Native organizations, and identify and advocate for policies and funding designed to empower their ability to engage in effective, sustainable climate action.”

The inaugural meeting of the Task Force will take place on Monday, June 24, 2019 at NCAI’s 

About The National Congress of American Indians:

Founded in 1944, the National Congress of American Indians is the oldest, largest and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of tribal governments and communities, promoting strong tribal-federal government-to-government policies, and promoting a better understanding among the general public regarding American Indian and Alaska Native governments, people and rights. For more information visit

NCAI Announces Appointment of Four Tribal Leaders to Serve as Co-Chairs of Climate Action Task Force

NCAI applauds the recent signing of a bill making Maine the first state to ban the use of all Native “themed” mascots and imagery in public schools, colleges, and universities. The signing of this bill becomes the most comprehensive mascot legislation to pass to date. Maine joins other government bodies in setting an example of a government honoring the state’s tribal nations and signifies the state’s respect for all of its citizens.

Since 1968, NCAI has diligently opposed derogatory and harmful stereotypes of Native peoples in media and popular culture, which includes sports mascots and related imagery. During the past 51 years, 

hundreds of tribal nations, national and regional tribal organizations, civil rights organizations, school boards, sports teams, sports and media personalities, and individuals have called for the end to harmful Native-themed mascots

. This stance is further supported by social science research conducted by the 

 that found derogatory “Indian” sports mascots have negative psychological, social and cultural impacts on Native people, especially Native youth.

NCAI is committed to its ongoing public education and advocacy efforts to whittle away at the remaining public educational institutions who continue to use offensive, derogatory, and harmful Native “themed” mascots, names, and/or imagery. As the oldest, largest, most representative American Indian and Alaska Native organization, we look forward to more states standing with Maine on the right side of history.

###





Founded in 1944, the National Congress of American Indians is the oldest, largest and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of tribal governments and communities, promoting strong tribal-federal government-to-government policies, and promoting a better understanding among the general public regarding American Indian and Alaska Native governments, people and rights. For more information, visit 

NCAI Statement on Maine Governor's Ban on Use of Native-Themed Mascots

On March 11, 2019, the President released his fiscal year (FY) 2020 budget request to Congress. This broadcast will outline the major proposals included, list the impacts to tribal programs funded in the federal budget, and comment on the outlook for passage of the proposals.

The President’s budget proposes reducing FY 2020 non-defense discretionary (NDD) funding by $54 billion (9 percent) below the FY 2019 level, and by $69 billion (11 percent) after adjusting for inflation. The proposed amount follows the cap set by the Budget Control Act (BCA) of 2011 and which was lowered through sequestration. The proposed decreases to NDD accounts would undermine the ability of the federal government to meet its treaty and trust obligations, with the proposed budget cutting Bureau of Indian Affairs and Bureau of Indian Education (BIA/BIE) by about 10.5 percent compared to the 2019 continuing resolution level. Other agencies would see cuts of 12 percent for the Department of Health and Human Services, 18 percent for Housing and Urban Development, and 31 percent for the Environmental Protection Agency. See the attached 

 for details of proposed funding for tribal programs by department. 

House Budget Chairman John Yarmuth will be writing a FY 2020 budget resolution which will set discretionary spending limits higher than the current caps. Without a caps deal, the House is likely to pass a deeming resolution, which is used when the House and Senate have not agreed on a budget resolution. Under this deemed budget resolution, the House could begin writing appropriations bills. In the Senate, Budget Chairman Enzi is expected to write the budget resolution abiding by the statutory caps used in the President’s budget. For the Senate to consider spending bills on the floor, the body would have to set enforceable spending limits in a deeming resolution. House Majority Leader Hoyer, (D-MD), has raised the possibility of the two chambers agreeing to spending limits to allow the appropriations process to move forward. Whether Senate Republicans break from the President’s proposal will determine the outcome of such a spending limit agreement. The President’s budget is just the beginning of the appropriations process. Congress has the final say. 

NCAI encourages tribal leaders and advocates to submit testimony to the respective appropriations committee in the House (testimony instructions

for other subcommittees) and the Senate (when the instructions become available).

· Indian Guaranteed Loan Program: No funds are requested for new loan guarantees under the program, -$8.4 million from the FY19 CR amount 

· Housing Improvement Program, -$9.7 million FY19 CR amount 

· Small and Needy Tribes, -$4.5 million from the FY19 CR amount 

· Tribal Climate Resilience, -$9.9 million from the FY19 CR amount 

· Indian Community Development Block Grant 

· Low Income Home Energy Assistance (LIHEAP) 

· Community Service Block Grants Education Department Eliminations 

· Strengthening AN/NH-Serving Institutions 

· The President’s budget request for tribal programs at DOJ would increase funding overall. The increase would come as a result of a proposed 7 percent set-aside for tribal governments from across Office of Justice Programs discretionary programs. 

· The Indian Health Service budget (IHS) request for FY 2020 is $5.9 billion, which is $392 million or 7 percent above FY 2019. 

President’s FY 2020 Budget Released

House Judiciary Committee Approves Tribal Provisions at Markup of H.R. 1585, the Violence Against Women Reauthorization Act of 2019

 | Today, the House Judiciary Committee held a markup of the Violence Against Women Reauthorization Act of 2019 (H.R. 1585) and reported it favorably out of Committee. This legislation increases safety for Native victims by building on the landmark provision included in the Violence Against Women Act 2013 (VAWA) that created a framework for tribal governments to prosecute non-Indians for the first time since 

 Currently tribes can prosecute non-Indians only for domestic violence, dating violence, and criminal violations of protection orders. Section 903 of H.R. 1585 would add child abuse, sexual assault, stalking, trafficking, obstruction of justice, and assaults against law enforcement officers to the crimes that tribes can prosecute against non-Indians. The legislation would also expand tribal access to federal criminal databases and create a pilot project aimed at addressing the unique challenges in Alaska.

H.R. 1585 was approved on a party line vote, with Democrats voting in favor of the legislation and Republicans voting against it. Juana Majel-Dixon, Co-Chair for the Task Force on Violence Against Women and Recording Secretary at National Congress of American Indians (NCAI) responded to the favorable outcome of the Bill stating, “We applaud the Committee for approving this important legislation, which would enhance safety for victims in Indian Country.” She also thanked the Committee for rejecting an amendment that would have repealed the tribal jurisdiction provisions included in the Violence Against Women Reauthorization Act of 2013, saying “I was disheartened, and frankly appalled, to see an amendment offered that would have stripped tribal governments of their inherent authority to hold non-Indians accountable for domestic violence crimes on tribal lands. With more than 4 in 5 Native women experiencing domestic violence in their lifetimes, now is not the time to go back to a system that allows non-Indians to prey on Native women with impunity. I am grateful that a majority of the Committee members agree.”

As NCAI noted in its written testimony to the Subcommittee on Crime, examination of the tribes’ exercise of jurisdiction over non-Indian domestic violence offenders suggests that it is working as Congress intended—the law has enhanced the ability of tribal governments to combat domestic violence against Native women, while at the same time protecting non-Indians’ rights in impartial, tribal forums. By exercising this jurisdiction, many tribal communities have increased safety and justice for victims who had previously seen little of either.

The Committee also considered an amendment offered by Representative Sheila Jackson Lee that directs the Attorney General and Secretary of the Interior to submit an annual report to Congress on missing and murdered Indian women and provides recommendations for how to improve data collection in this area. The amendment was approved with bipartisan support.

 also informed the Subcommittee of the adoption of a 

 which sets forth five priorities for reauthorization of the Violence Against Women Act in 2019. The five priorities identified by NCAI are all largely addressed by H.R. 1585.

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