US Supreme Court upheld the Indian Child Welfare Act in a decision relating to adoption of Native American children

The US Supreme Court, in a 7-2 decision, upheld the Indian Child Welfare Act (ICWA), which aims to keep Native American children with tribal families. The court ruled that the law does not impose federal mandates on areas traditionally regulated by states in cases of adoption involving Native American children.

ICWA was established over 45 years ago after a congressional investigation exposed the widespread removal of Native children from their tribal homes and placement with non-Native families and institutions without tribal connections. The law sets federal standards for the removal of Native children from their families and requires state courts to involve tribes when an American Indian child is taken from their home outside of a reservation.

The law was challenged by non-Native prospective adoptive couples, including Chad and Jennifer Brackeen, who argued that ICWA violated the Constitution by racially discriminating and imposing federal mandates on the states. However, the court determined that the challengers lacked standing to sue as they had not suffered concrete harm.

In the majority opinion, Justice Amy Coney Barrett stated that the court rejected all challenges to the statute, some on their merits and others for lack of standing. Justice Samuel Alito and Justice Clarence Thomas dissented, criticizing the court for neglecting the best interests of the vulnerable children involved and undermining the division of federal and state authority.

The Supreme Court dismissed all challenges to ICWA, classifying Native Americans as a political rather than racial group, which has longstanding precedent. This decision is seen as a victory for Native American tribal leaders and advocates who argue that ICWA safeguards Native children and tribal communities.

ICWA was enacted in 1978 after it was revealed that public and private agencies had forcibly removed hundreds of thousands of American Indian children from their families, placing them in institutions or with unrelated families. The law prioritizes foster and adoption placements with extended family members, followed by other tribal members, and if necessary, with a different tribal family.

The Biden administration defended ICWA, aligning with previous administrations and highlighting historical precedents that define the law’s classifications based on tribal connections rather than race. The court’s ruling supported the tribes, ensuring the preservation of the law.