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#ICWA is vital: US and Tribes Stand Together #ProudtoProtectICWA
by
Native News Online Staff
Published March 15, 2019
NEW ORLEANS — The Fifth Circuit Court of Appeals heard arguments Wednesday in
Brackeen v. Bernhardt, in which the United States and tribal
nations stand together in defense of the Indian Child Welfare Act (ICWA)
and the American Indian and Alaska Native children that it serves. A
nationwide coalition of 325 tribal nations, 57
Native organizations, 21 states, 31 child welfare organizations, 7
members of Congress, and dozens of scholars of federal Indian law and
constitutional law also stood with the parties in court during their
amicus briefs supporting Native children and families
through the Indian Child Welfare Act.
“ICWA is vital to the well-being of Native children and the stability
and integrity of Native families today. We can’t afford to go back to
the days when massive numbers of Native children were forcibly removed
from their loved ones and were often separated
from their families with little hope of ever seeing them again. It’s
not an option,” said the Protect ICWA Campaign.
The National Indian Child Welfare Association, the National Congress of
American Indians, the Association on American Indian Affairs, and the
Native American Rights Fund urge the ruling of the district court to be
reversed.
A decision by the Fifth Circuit Court of Appeals is expected within a few months after the oral argument.
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Why tribes do not recommend the DNA swab
Rebecca Tallbear entitled: “DNA, Blood, and Racializing the Tribe”, bearing out what I only inferred:
Detailed discussion of the Bering Strait theory and other scientific theories about the population of the modern-day Americas is beyond the scope of this essay. However, it should be noted that Indian people have expressed suspicion that DNA analysis is a tool that scientists will use to support theories about the origins of tribal people that contradict tribal oral histories and origin stories. Perhaps more important,the alternative origin stories of scientists are seen as intending to weaken tribal land and other legal claims (and even diminish a history of colonialism?) that are supported in U.S. federal and tribal law. As genetic evidence has already been used to resolve land conflicts in Asian and Eastern European countries, this is not an unfounded fear.
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