US Supreme Court on Thursday upheld the Indian Child Welfare Act (ICWA) in a 7-2 decision and kept intact a law that seeks to keep Native American children with tribal families. The court ruled that the law in cases of adoption involving American Indian children does not unlawfully impose federal mandates on areas traditionally regulated by states.
ICWA established federal standards for the removal of Native children from their families and required state courts to inform tribes when an American Indian child is removed from their home outside of a reservation.
The Act has been a significant law for over 45 years, enacted after a congressional investigation revealed that a significant number of Native children had been taken from their tribal homes and placed with non-Native families and institutions without tribal connections.
Why was the Act challenged?
The law was challenged by Chad and Jennifer Brackeen, along with other non-Native prospective adoptive couples, who argued that ICWA violated the Constitution by racially discriminating and compelling the state to enforce federal mandates.
However, in the case before the court, the state of Texas and several families adopting American Indian children challenged the law, arguing that it encroached on state autonomy.
In its Thursday ruling, the court did not decide whether the law unconstitutionally discriminates based on race when it comes to placing children in Native foster and adoptive homes.
The court determined that the challengers, including prospective adoptive parents and the state of Texas, lacked standing to sue as they had not suffered concrete harm, reported NPR media portal.
In her majority opinion, Justice Amy Coney Barrett stated, “The bottom line is that we reject all of petitioners’ challenges to the statute, some on the merits and others for lack of standing.”
Justice Samuel Alito, joined by Justice Clarence Thomas, dissented, criticising the court for disregarding the best interests of the vulnerable children involved and undermining the division of federal and state authority.
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Native Americans — political not racial group
The Supreme Court rejected the arguments by the challengers, citing longstanding precedent that classifies Native Americans as a political rather than racial group. This decision is seen as a victory for Native American tribal leaders and advocates who argued that ICWA protects Native children and tribal communities.
ICWA background
The Indian Child Welfare Act of 1978 (ICWA) was enacted by Congress after extensive hearings revealed that public and private agencies had forcibly removed hundreds of thousands of American Indian children from their families.
These children were then placed in institutions or with families unrelated to their tribes. The tribes considered these actions a threat to their existence, prompting Congress to pass ICWA.
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The law also implemented a framework for foster and adoption placements and prioritises placement with extended family members, followed by other tribal members, and if neither is available, placement with a different tribal family.
Biden administration’s take
The Biden administration, like previous ones, defended the law, citing historical precedents that define ICWA’s classifications based on tribal connections rather than race. The court agreed with the tribes, leaving the law intact.
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