Congresswoman Mary Peltola, D-Alaska as well as others House Democrats are concerned that about the U.S. Supreme Court is likely to slash this Indian Child Welfare Act, at the expense of Native children and tribes.
Peltola The very first Alaska Native person elected to Congress had previously served as the Tribal court judge. She noted that child custody cases were the most frequent issue. She insists on keeping children in the family or putting them in their own tribe
“I think that for any human being group for ever children, our beloved children will be our next generation,” she told the congressional roundtable on Tuesday. “And sure enough the case for Natives there is nothing more or less.”
The roundtable was like a hearing, but was arranged for by Rep. Raul Grijalva, D-Ariz. Grijalva was sacked as chairman of the House Resources Committee when Republicans became the majority party, and therefore could no longer decide the agenda.
The Supreme Court is expected to decide soon on a challenge to ICWA filed from the State of Texas as well as a group of non-Native families looking to take on Indigenous children. The lawsuit claims that it is a violation of the Indian Child Welfare Act makes inconstitutional distinctions on the basis of race. The supporters of ICWA claim it is dependent on the tribal affiliation.
Congress adopted the law to stop the widespread exile of tribesmen’s children.
“During in the 50s and 60s, a frightful national picture was revealed. Native tribes were losing children to welfare systems run by the state at a staggering rate,” New York University Law Professor Maggie Blackhawk said at the roundtable. “State governments separated more than 100,000 of the 400,000 Native children from their families and put the children in homes that had no social, cultural, or linguistic ties to their nation.”
The case is referred to as Brackeen V. Haaland. The justices were hearing arguments in November. A decision is expected before the end of June.
