Indian Child Welfare Act Upheld

What A Day

News, Daily News

4.6 • 12.6K Ratings

🗓️ 16 June 2023

⏱️ 20 minutes

🔗️ Recording | iTunes | RSS

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Summary

In a major victory for Native American rights, the Supreme Court voted 7-2 to uphold key provisions of the 1978 Indian Child Welfare Act Thursday. ICWA was enacted to keep Native children with their families and tribes during custody disputes. Rebecca Nagle, host of Crooked’s This Land documentary podcast series, joins us to discuss the decision, and why the challenge against ICWA threatened tribal sovereignty.

And in headlines: Miami Mayor Francis Suárez has become the latest Republican to enter the 2024 presidential election, at least 42 migrants were bussed to Los Angeles from Texas, and a historic digital media strike has finally come to an end.

Show Notes:

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Transcript

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0:00.0	It's Friday June 16th. I'm Trayville Anderson.
0:03.9	And I'm Priyanka Eribindi and this is what a day where we are absolutely 1000% ready to put an end to this week of news.
0:12.2	Oh yes, I've got my herbal supplements ready. Okay. For a long, long break.
0:18.9	Ah, same.
0:20.8	It was the ah for me.
0:31.0	On today's show, another Republican from Florida has entered the 2024 presidential race.
0:36.4	Plus, a historic digital media strike has finally come to an end.
0:40.6	But first, in another surprise decision and a major victory for the rights of Native Americans,
0:45.6	the Supreme Court decisively upheld key parts of the Indian Child Welfare Act or Iqua in a 7-to-2 vote.
0:52.8	Listen, keep surprising me. I like being surprised. Keep me on my toes. Thank you so much.
0:58.4	Right. Supreme Court deeply appreciated. So Priyanka, can you give us some background on Iqua and the case against it?
1:06.8	Definitely. So Iqua was enacted 45 years ago to try and protect tribal sovereignty.
1:12.8	It was passed after a congressional investigation found that for decades prior, this was enacted in the 1970s.
1:19.2	So for the 50s, 60s and part of the 70s, over a third of all Native children had been removed from their homes,
1:26.0	some forcibly, and placed with non-Native families through both state child welfare programs and through private adoption.
1:32.8	And to write the wrongs that they found, Congress came up with Iqua. Iqua established preferences for the placement of any Native children who are being adopted or going into foster care
1:42.6	with members of their tribe or other tribal nations. The goal being, ideally, to keep Native children within their tribe.
1:49.1	So it establishes three tiers of preference, the last being, you know, for a child to be outside of any tribal nation.
1:56.5	Hopefully, ideally, they'd be with their extended families within their own tribal nations. But if not, maybe then with another tribe.
2:03.7	But this law was challenged by the state of Texas as well as non-Native parents who have adopted Native children.
2:11.0	They argued that establishing preferences was unconstitutional on the basis of race,
2:15.5	and that the law was infringing on the rights of states to settle family law matters.
	...

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