(PORTLAND, Ore. August 9, 2019)— Today, the Fifth Circuit Court of Appeals published its decision in Brackeen v. Bernhardt, the federal court challenge to the Indian Child Welfare Act (ICWA). The court’s decision affirmed the constitutionality of ICWA, recognizing the unique political status of tribal nations and upholding the federal law that is so critical to safeguarding Indian child welfare. It is a resounding victory for the law and those who fought to protect it.
ICWA is vital for protecting the well-being of Native children. Today’s decision reaffirms tribal nations’ inherent sovereign authority to make decisions about Native children and families wherever those children and families may live.