In a huge victory for Native American children, families and tribes, on June 15, 2023, the United States Supreme Court upheld the Indian Child Welfare Act (ICWA) in its Brackeen v. Haaland decision.
ICWA was enacted in 1978 to address the forced removal of Native children from their families by state and private agencies and their placement with non-Native families. These practices have had devastating effects on American Indian and Native Alaskan children, families, and tribes.
When properly applied, ICWA safeguards against unnecessary separation, aims to reunify families whenever possible, and prioritizes keeping children with their relatives or other tribal members if they cannot return home. With this decision, both ICWA and Washington’s own Indian Child Welfare Act (WICWA) stand, providing powerful tools for Indian families to protect Indian children and ensure they can remain in their Native communities.
The decision also reinforces fundamental principles of federal Indian law, recognizing tribes as sovereign nations with the right to determine citizenship. ICWA applies to Native Americans based on ancestry and tribal citizenship, rather than race. The Court’s recognition of these rights based on Native peoples’ political status safeguards countless treaty agreements and upholds the federal government's legal obligation to protect the interests of Native American tribes and their members.
Despite this victory, there is more work to be done as American Indian and Alaskan Native children in Washington are still disproportionately represented in the child welfare system. Over the years, the Northwest Justice Project has represented Native individuals and tribes in cases involving ICWA, advocating for the rights of Native children to remain with their families by advocating for its implementation. All of NJP and its Native American Unit remain vigilant and engaged to ensure the best outcomes for Native children and the continued strength of Native American tribes.