(PORTLAND, Ore. August 9, 2019)— Today, the Fifth Circuit Court of Appeals published its decision in Brackeen v. Bernhardt, 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.
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.
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.
To view the opinion, please visit: https://www.narf.org/nill/documents/20190809brackeen-icwa-opinion.pdf
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Protect ICWA Campaign
The Protect ICWA Campaign (the Campaign) was established by four national Native organizations: the National Indian Child Welfare Association, the National Congress of American Indians, the Association on American Indian Affairs, and the Native American Rights Fund. 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.