Intervening Tribes Press Release (released before the Tribal brief with over 400 tribal signatories):
Majority of U.S. States, 75 Members of Congress and more than 30 Organizations File Amicus Briefs in Support of Native American Families and Children
WASHINGTON, D.C. – Today, 26 states and the District of
Columbia, 75 members of Congress and more than 30 organizations filed
friend-of-the-court briefs before the Fifth Circuit Court of Appeals in
support of the Indian Child Welfare Act (ICWA)
in Brackeen v. Bernhardt. Cherokee Nation Principal Chief
Chuck Hoskin, Jr., Morongo Band of Mission Indians Chairman Robert
Martin, Oneida Nation Chairman Tehassi Hill and Quinault Indian Nation
President Fawn Sharp issued the following statement
regarding the amicus briefs:
“We are thrilled to see that more than half of all states across the
country, 75 members of Congress and dozens of leading organizations are
taking a stand for the best interests of Indian children and families.
This continuous support from across the political
spectrum is a testament to the critical role that ICWA plays in
promoting the stability and security of Indian tribes and families.
Together, we are fighting back against the meritless attacks on ICWA. We
are confident that the Fifth Circuit will again stand
on the side of families and children by upholding the law.”
The Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation and
Quinault Nation are co-defendants in the case, defending the Indian
Child Welfare Act (ICWA) against unwarranted attacks on the law’s
constitutionality.
For more than 40 years, ICWA has provided a process for determining the
best interests of Indian children in the adoption and foster care
systems. The tribes are arguing to defend ICWA alongside the Trump
administration, the U.S. Department of Justice, and
the U.S. Department of Interior. The case will be reheard on
January 22, 2020.
The amicus briefs filed by the following States – Alaska, Arizona,
California, Colorado, Connecticut, Idaho, Illinois, Iowa, Maine,
Massachusetts, Michigan, Minnesota, Mississippi, Montana, Nevada, New
Jersey, New Mexico, New York, Oklahoma, Oregon, Pennsylvania,
Rhode Island, Utah, Virginia, Washington and Wisconsin – as well as the
District of Columbia, can be found here.
The amicus briefs from members of Congress can be found here,
and the amicus briefs from leading organizations here.
Amici include organizations and political leaders from across the
country spanning the political spectrum, and the U.S. states are
represented by attorneys general from both the Republican and Democratic
parties. They also include law
professors and Native
women writing in support of ICWA.
In 2017, individual plaintiffs Chad and Jennifer Brackeen, a couple from
Texas, along with the state attorneys general in Texas, Louisiana, and
Indiana, sued the U.S. Department of the Interior and its now-former
Secretary Ryan Zinke to challenge ICWA. The
Morongo, Quinault, Oneida and Cherokee tribes intervened as defendants
in the case, and their recent brief
can be found here.
On August 9, 2019, the Fifth Circuit Court of Appeals reaffirmed that
the Indian Child Welfare Act is constitutional and serves the best
interests of children and families. On October 1, 2019, plaintiffs in Brackeen v. Bernhardt chose to continue their
attacks on Indian children and tribal families and requested an en banc rehearing before the Fifth Circuit, which the court granted.
For additional information on this case and the Indian Child Welfare Act please visit: www.ProtectIndianKids.com
Editor's Note: ICWA is the only thing that can prevent more child trafficking in Indian Country - it happened before and it will happen again.
PDF LINK
PDF LINK
Amicus Briefs filed in Texas v. Bernhardt [ICWA]by ilpc |
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