Published
February 7, 2019
NEW ORLEANS — Four tribal leaders issued a statement on
Wednesday to denounce the filing in the U.S. Court of Appeals for the
Fifth Circuit by
Signing on the joint statement were: Principal Chief Bill John Baker,
Cherokee Nation; Chairman Robert Martin, Morongo Band of Mission
Indians; Chairman Tehassi Hill, Oneida Nation; and President Fawn Sharp,
Quinault Indian Nation.
Joint Tribal Statement Responding to Briefs Filed in Fifth Circuit Court of Appeals Opposing the Indian Child Welfare Act
We are dismayed that opponents of the Indian Child Welfare Act (ICWA)
and tribal sovereignty continued to perpetuate damaging falsehoods in
briefs filed this week with the U.S. Court of Appeals for the Fifth
Circuit regarding tribal citizenship and the care
that Native children receive under the ICWA’s landmark protections.
Passed more than 40 years ago by Congress, ICWA was designed to reverse
decades of cultural insensitivity and political bias that had resulted
in up to a third of all Indian children being forcibly removed from
their families, their tribes and their cultural
heritage.
ICWA ensures the best interests and wellbeing of Native American
children are protected. ICWA preserves the stability and cohesion of
Tribal families, Tribal communities and Tribal cultures. As
federally-recognized sovereign nations, we have the duty, the
responsibility,
and the wisdom to protect our children.
The flawed arguments by the plaintiffs and their allies have been
rejected time and again by state and federal courts over the past 40
years. ICWA is not based on race but on the political relationships of
individual Native Americans with federally-recognized
tribes. The district court’s flawed decision potentially upsets a
foundational precept of federal Indian law—that the relationship between
tribes and tribal citizens is a political one.
Most importantly, opponents disregard decades of evidence and case law
that show ICWA’s provisions are demonstrably in the best interests of
the child. Accepted best practices among child welfare experts –
including those in Texas – call for keeping a child
with his or her family or relatives whenever possible. ICWA does just
that. That is why ICWA is regarded as the gold standardfor child welfare
and is so strongly supported by preeminent organizations such as the
National CASA Association, the National Association
of Social Workers, Casey Family Programs and the Annie E. Casey
Foundation.
We stand with the bipartisan coalition of federal lawmakers, attorneys
general from 21 states, and 30 child welfare organizations who have
joined 325 Tribal governments and 57 Tribal organizations in filing
numerous amicus briefs urging the Fifth Circuit to
overturn the district court’s disastrous ruling
We remain committed to protecting the Constitutionality of ICWA for
Native children, families, and Tribes. We firmly believe that our
rights, and our children’s rights, will be affirmed and reinforced.
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Four Tribes Respond to False Briefs Filed in Court of Appeals Opposing the Indian Child Welfare Actby Native News Online Staff |
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