Brackeen v. Haaland has made its way to the U.S. Supreme Court. This case is the latest challenge to the Indian Child Welfare Act.
Plaintiffs in the case argue that ICWA uses race-based discrimination against non-Native would-be adoptive parents. Native American children are at the center of this case, but a decision to dismantle ICWA could have an outsized impact on sovereignty for all Native American tribes, activists argue.
The Brackeens, a Texas couple, wished to adopt a pair of siblings who had lineage to the Navajo Nation in 2016. ICWA states that the child should be placed with a blood relative, a citizen of that child’s tribe or any tribal citizen who wishes to adopt is the preferred option.
Although the Brackeens were able to adopt their two children, they still argue that the process was unnecessarily difficult. Now their case has made its way to one of the most conservative Supreme Courts in decades. With a 6-3 conservative majority, and a recent history of overturning precedent, it would seem that ICWA’s future is in jeopardy.
If ICWA were to be overturned, more than considerations for the placement of Native American foster children would be at stake. Overturning ICWA has the potential to destroy the sovereignty of Native American Tribes.
Indigenous nation-states have experienced a history of discrimination and marginalization. Activists argue that if ICWA is dropped, and indigenous states lose their sovereignty, it could have a domino effect on services, rights and protections only guaranteed to the citizens of those tribal nations.
What are the ramifications if the ICWA is repealed? Why is ICWA considered the ‘gold standard’ in child welfare? When does ICWA apply to adoption? Does ICWA allow the birth parents to choose the best placement? What are the nuances involved in the latest challenges to ICWA?
Guests:
- Rebecca Nagle, host of Crooked Media’s podcast “This Land”, and is a Cherokee Nation citizen
- Elizabeth Hidalgo Reese, Yunpoví (Tewa: Willow Flower), assistant professor of law at Stanford Law School, and is a Nambe Pueblo citizen
- Angela Connor, vice president of the National Indian Child Welfare Association (NICWA) and director of foster care and adoption for the Choctaw Nation
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*This interview was recorded on Monday, November 14.