The law, which gives preference to placing American Indian children in state foster care with American Indian adoptive families, has withstood challenges for 44 years.
U.S. Supreme Court announced Monday, Feb. 28,
Supporters of the act maintain it has helped stem a centuries-old practice by the federal government and private agencies of systemically separating American Indian families. Opponents brand it as a race-based law that gives preferential treatment in adoption proceedings to American Indians. The case then ping-ponged its way through the federal appellate court system until April 2021, when the Fifth Circuit Court of Appeals in New Orleans overturned the Fort Worth judge’s 2018 ruling.
Texas maintains that ICWA is a race-based system that creates a “child-custody regime for Indian children defined by a child’s genetics and ancestry,” and is designed to make the adoption of American Indian children by non-American Indians more difficult. Anthony Morales, chairman of the Gabrieleno San Gabriel Band of Mission Indians, could not be reached for comment.In their joint statement Monday, the four tribal leaders said, “We are confident that the Court will come down on the side of children, families and centuries of legal and constitutional precedent.”
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