Indian Child Welfare Act Upheld as Constitutional

Bowler, Wisconsin (June 15, 2023). The Stockbridge-Munsee Tribal Council was pleased to see the U.S. Supreme Court, in a 7-2 decision issued today, affirmed the constitutionality of the Indian Child Welfare Act (“ICWA”). The ICWA provides protections that preserve the integrity of tribal communities and was a direct result of the destructive assimilation practices that resulted in the removal of Indian children from their families.

In its majority decision, the U.S. Supreme Court held the ICWA, as a law, was within Congress’s power to legislate with respect to Indian tribes and did not impermissibly limit the traditional authority of states to regulate family law. It also upheld provisions under the ICWA that required active efforts to keep Native American families together, that provided placement preferences for Native American families, and required notice when there are child custody proceedings involving Native American families.

The Tribal Council recognized the importance of this case and authorized the Tribe’s participation in an amicus brief filed by the Native American Rights Fund in support of the ICWA. The Tribe is still analyzing the opinion and its implications, but is happy with the end result as it supports and protects tribal children and the communities.