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Protect Native Kids

On December 13, 26 states and the District of Columbia, 75 members of Congress, and more than 30 organizations filed friend-of-the-court briefs before the Fifth Circuit Court of Appeals in support of the Indian Child Welfare Act (ICWA) in Brackeen v. Bernhardt. Cherokee Nation Principal Chief Chuck Hoskin, Jr., Morongo Band of Mission Indians Chairman Robert Martin, Oneida Nation Chairman Tehassi Hill and Quinault Indian Nation President Fawn Sharp issued the following statement regarding the amicus briefs:

"We are thrilled to see that more than half of all states across the country, 75 members of Congress and dozens of leading organizations are taking a stand for the best interests of Indian children and families. This continuous support from across the political spectrum is a testament to the critical role that Indian Child Welfare Act plays in promoting the stability and security of Indian tribes and families. Together, we are fighting back against the meritless attacks on Indian Child Welfare Act. We are confident that the Fifth Circuit will again stand on the side of families and children by upholding the law.”

The Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation and Quinault Nation are co-defendants in the case, defending the Indian Child Welfare Act against unwarranted attacks on the law’s constitutionality.

For more than 40 years, the Indian Child Welfare Act has provided a process for determining the best interests of Indian children in the adoption and foster care systems. The tribes are arguing to defend the Indian Child Welfare Act alongside the Trump administration, the U.S. Department of Justice, and the U.S. Department of Interior. The case will be reheard on January 22, 2020.

The amicus briefs filed by the following States – Alaska, Arizona, California, Colorado, Connecticut, Idaho, Illinois, Iowa, Maine, Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nevada, New Jersey, New Mexico, New York, Oklahoma, Oregon, Pennsylvania, Rhode Island, Utah, Virginia, Washington and Wisconsin, as well as the District of Columbia – can be found here.

The amicus briefs from members of Congress can be found here, and the amicus briefs from leading organizations here.

Amici include organizations and political leaders from across the country spanning the political spectrum, and the U.S. states are represented by attorneys general from both the Republican and Democratic parties. They also include law professors and Native women writing in support of the Indian Child Welfare Act.

In 2017, individual plaintiffs Chad and Jennifer Brackeen, a couple from Texas, along with the state attorneys general in Texas, Louisiana, and Indiana, sued the U.S. Department of the Interior and its now-former Secretary Ryan Zinke to challenge the Indian Child Welfare Act. The Morongo, Quinault, Oneida, and Cherokee tribes intervened as defendants in the case, and their recent brief can be found here.

On August 9, 2019, the Fifth Circuit Court of Appeals reaffirmed that the Indian Child Welfare Act is constitutional and serves the best interests of children and families. On October 1, 2019, plaintiffs in Brackeen v. Bernhardt chose to continue their attacks on Indian children and tribal families and requested an en banc rehearing before the Fifth Circuit, which the court granted.

There is broad, bipartisan support against this misguided attack on a law that is crucial for protecting the well-being of Indian children and Indian sovereignty. In addition to states and members of Congress, the Trump administration has strongly defended the Indian Child Welfare Act and its protections for Indian children, explaining that the Indian Child Welfare Act is an appropriate exercise of Congress’s authority to legislate in the field of Indian affairs and does not violate the Tenth Amendment or equal protection laws.

For additional information on this case and the Indian Child Welfare Act please visit:

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