The Indian Child Welfare Act of 1978 (ICWA), is being brought to the Supreme Court with a chance of being overturned

The ICWA, affirms the rights of Tribal Courts to adjudicate child abuse, child neglect, and adoption cases involving children on the reservation.  Texas, Indiana. Louisiana, and other plaintiffs brought the argument that the ICWA is unconstitutional, and it violates the provisions of the Fifth amendment to the Supreme Court. The plaintiffs are saying it is unequal to Non-Native people who are wanting to adopt a Native child.

The ICWA needs to stay so Native children can stay with Native families. So they can grow up surrounded by their own culture and continue to help rebuild Native American culture. If  ICWA is overturned, native children will be put into a Non-Native family, and the likelihood of them not knowing their culture and heritage would be extremely high. They would be oppressed in a Non-Native family.

The ICWA has been highly effective in increasing tribal participation in children’s cases and it ensures the rights of Indigenous children are protected. The ICWA should not be overturned.