ICWA: Keep Native Children Safe

Nicole Garcia-Pantoja, Staff Writer

Photo via Pixabay under Pixabay License

For over 45 years, ICWA has helped native families thrive and stay together. It prevented the government and states from forcibly removing native children from their tribes and families. Unfortunately, that is all coming to an end as ICWA is now being challenged for its constitutionality and families are now at stake at being torn apart.

ICWA stands for the Indian Child Welfare Act, and is a Federal law that protects native children from being removed from their home and family. It was enacted in 1978 when Native children were being forcibly removed from their homes and families to be placed into a white family instead. The reason why it is so important to protect ICWA is because it works to protect both the children and their tribes.

This law has always been in favor of native kids and their families, however with recent times, it’s now being threatened in the case of Brackeen v. Haaland. This court case deals with Jennifer and Chad Brackeen being denied adopting a 10-month old Navajo boy, believing that their 10th amendment was being violated. The one who denied the Brackeens’ was Deb Haaland, the United States Secretary of the Interior. They held an oral argument and some folks agreed with the Brackens’ saying it was  ‘discrimination’ against white people. It appears that they’re holding favor towards the Brackeens’.

If the court goes through with overruling ICWA, the states will have the power to remove children from their tribes and their families. This puts their tribe’s existence and longevity at risk. It will also construe the child’s understanding of their  roots as a part of their identity.

Educate yourself and others. Read about personal experiences from indigenous people and hear their stories. Make sure indigenous voices are being heard by the government. Encourage others to speak up about important issues and to never be silent. ICWA should be left alone and shouldn’t be meddled with. This silent genocide with Native Americans ends now.