The ACLU on the ICWA and the Supreme Court's ruling: [View all]

[CaliforniaPeggy]

This came in an email to me today:

This morning, the Supreme Court handed down a landmark decision that rejected all constitutional challenges to the Indian Child Welfare Act (ICWA) in Brackeen v. Haaland. This is a victory for tribal sovereignty. Here's what to know – and what's next in the fight:

Throughout history, federal and state governments have sought to undermine and threaten the existence of tribes through the forced separation and assimilation of Native children. ICWA, passed by Congress in 1978, established basic requirements to protect Native American children from removal from their homes and communities by the state and federal government. That's why the ACLU filed an amicus brief in this critical case in support of the absolutely essential law.

The Court's decision in Brackeen today recognizes the centuries-long history of Native child removal by states and the U.S. government – and the overwhelming evidence that being removed from homes and disconnected from their culture, tradition, and identity is deeply harmful to Native children.

But, the work is far from over. States still continue to remove Native children from their families and tribes at alarmingly high rates. In fact, less than half of Native Americans live in a state with an ICWA law on the books.