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The Indian Child Welfare Act is before the Minnesota Supreme Court again. Here’s why

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The Indian Child Welfare Act is before the Minnesota Supreme Court again. Here’s why


Two Martin County foster parents are getting another audience in front of the Minnesota Supreme Court Tuesday, after arguing last fall that a nearly 50-year-old law that prevented them from adopting two Native children is unconstitutional.

If the couple succeeds in their challenge, it could drastically alter the constitutionality of the law, which is meant to preserve tribal sovereignty and address decades of Native children being severed from their cultures. 

The twins at the center of this case were initially placed with foster parents until a lower court ruled they should be placed with a relative. The white foster couple, Kellie and Nathan Reyelts of Fairmont, wanted to adopt the children and claim they’ve been prevented from doing so because of the Indian Child Welfare Act, or ICWA, and a state companion law known as the Minnesota Indian Family Preservation Act, or MIFPA. They say the law is unfair.

The couple says the placement preferences required under the two laws — that the children be placed with an immediate family member or a foster home approved by the tribe — violate their 5th and 14th Amendment rights.

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The twins were removed from the Reyelts’ home after the Red Lake Nation, the tribal nation their mother is from and which they are eligible to become citizens of, said they should be placed with an aunt. The twins are now living with their grandmother and have been since September of 2023. An older sibling also resides with them.

Two lower courts already ruled against the Reyelts’ claims that the two laws discriminate against them in the adoption process because of their race.

Last fall, they took their case to the Minnesota Supreme Court. Before the court ruled, they asked for a second hearing — Tuesday’s — to make the same constitutional claims and add two more issues: Did the district court err in denying their motion for permissive intervention, and did the district court err in dismissing their third party custody petition? 

The constitutional issue being considered again: Are the placement preferences of ICWA and MIFPA unconstitutional? The placement preference is with an immediate family member or a placement preference chosen by the Red Lake Nation.

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Joseph Plumer, the attorney for the Red Lake Nation, said the reason the plaintiff’s attorneys are bringing this case is simple — they want to bring this case before the United States Supreme Court.

During last fall’s oral arguments, Associate Justice Anne McKeig, herself a descendant of the White Earth Band of Ojibwe, directly asked Plumer if he thought it was their intention.

“Counsel, can I ask you a question that’s probably going to be controversial, but I’m going to ask it anyway. Does there seem to be some — gamesmanship may not be the right word — but do you see this court as an avenue to try to get the issue of constitutionality of the Indian Child Welfare Act before the United States Supreme Court?” McKeig asked.

“Yes,” Plumer responded. “That’s exactly what the appellants are trying to do in this case.”

Shannon Smith, the executive director of the ICWA Law Center, which provides legal services and advocacy to Native families impacted by the child protection system, agrees.

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“They are looking, I think, for something that somehow can be distinguishable from the decision in Haaland v. Brackeen,” Smith said.

She is referring to the case involving a white Texas couple who had successfully adopted a Navajo child. Their attorneys, including Mark Fiddler, a citizen of the Turtle Mountain Band of Ojibwe and the attorney representing the Reyelts, argued the laws were race-based and unconstitutional. Even though they lost the case, the court found that the petitioners’ claims of equal protection lacked standing, which is why the Reyelts can challenge the placement and claim discrimination.

Fiddler declined to comment to MPR News.

Smith says foster parents are an important part of the system of keeping children safe and providing stability. But, their role is temporary.

“You’re temporarily stepping in to care for a child where the intent is for the child to be reunified with a parent or place the relative,” she said.

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Game Recap: Kings 5, Wild 4 (S/O) | Minnesota Wild

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Game Recap: Kings 5, Wild 4 (S/O) | Minnesota Wild


Matt Boldy scored late in the third to tie it and ultimately send the game to overtime, helping the Wild (25-10-8) extend their point streak to six games (3-0-3). Brock Faber had a goal and an assist, Jake Middleton and Joel Eriksson Ek also scored, and Jesper Wallstedt made 34 saves.

It was the second game of a back-to-back for Minnesota, which is coming off a 5-2 win at the Anaheim Ducks on Friday. The Wild and Kings will play again in Los Angeles on Monday.

“It was far from perfect of a game from us,” Faber said. “I thought we could have played better. With that quick turnaround, we’ll take the point. Now we need two in the next.”

Kempe put the Kings up 1-0 at 6:08 of the first period, scoring on a wrist shot from close range off Anze Kopitar’s cross-slot pass from below the goal line.

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Middleton tied it up 1-1 at 8:28, getting his first goal of the season in 36 games on a snap shot from the left circle set up by Mats Zuccarello.

“I think he thought I was Kirill (Kaprizov) in the slot there, so it was nice to get one,” Middleton joked. “I normally have a few goals before I take 35 games off from scoring, so this one was getting a little stressful but we got it out of the way.”

Perry gave Los Angeles a 2-1 lead at 16:57 of the second period when Byfield’s shot struck him in the wrist and redirected in for the power-play goal.

Eriksson Ek tied it 2-2 at 18:23 on the power play, taking Quinn Hughes’ stretch pass at the offensive blue line for a short breakaway, fending off defenseman Joel Edmundson and scoring on a wrist shot from the left circle.

Byfield put Los Angeles back in front 3-2 at 4:54 of the third period. He shot the puck caroming off the boards back into the crease, where Wallstedt lost it in his skates and it was eventually knocked in by a Wild stick during the ensuing scramble in front.

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“Shouldn’t be, that was terrible,” Byfield joked when asked if he knew it was his goal. “No, it’s good. I think it’s two now that were liked that, so I’ll take them how they come.”



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Minnesota Gov. Tim Walz on the defensive as fraud allegations mount after viral video uncovered Somali aid scheme

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Minnesota Gov. Tim Walz on the defensive as fraud allegations mount after viral video uncovered Somali aid scheme


Minnesota Gov. Tim Walz pushed back against the ever-growing fraud allegations levied against him in the disastrous aftermath of a viral video where an independent journalist cracked open a crucial part of the alleged Somali aid scheme.

A spokesperson for Walz, a Democrat who frequently provokes President Trump’s ire, addressed a bombshell video posted by conservative YouTuber Nick Shirley.

“The governor has worked for years to crack down on fraud and ask the state legislature for more authority to take aggressive action. He has strengthened oversight — including launching investigations into these specific facilities, one of which was already closed,” the spokesperson told Fox News.

Minnesota Gov. Tim Walz listens during a hearing with the House Oversight and Accountability Committee at the US Capitol on June 12, 2025 in Washington, DC. Getty Images

The spokesperson added that Walz has “hired an outside firm to audit payments to high-risk programs, shut down the Housing Stabilization Services program entirely, announced a new statewide program integrity director, and supported criminal prosecutions.”

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In the 43-minute video published on Friday, Shirley and a Minnesotan named David travel around Minneapolis and visit multiple childcare and learning centers allegedly owned by Somali immigrants.

Many were either shuttered entirely, despite signage indicating they were open, or helmed by staff who refused to participate in the video.

YouTuber Nick Shirley posted a mega-viral video on Friday uncovering new parts of the alleged Somali aid scheme. X / Nick Shirley

One of the buildings they visited displayed a misspelled sign reading “Quality Learing Center.” The ‘learning’ center is supposed to account for at least 99 children and funneled roughly $4 million in state funds, according to the video.

Shirley appeared on Fox News’ “The Big Weekend Show” on Sunday evening and boasted about his findings. He joked that the alleged scheme was “so obvious” that a “kindergartener could figure out there is fraud going on.”

“Fraud is fraud, and we work too hard simply just to be paying taxes and enabling fraud to be happening,” Shirley said.

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Shirley was kicked out for trespassing in one of the centers. X / Nick Shirley
Shirley joked that the alleged scheme was “so obvious” that a “kindergartener could figure out there is fraud going on. X / Nick Shirley

“There better be change. People are demanding it. The investigation have been launched just from that video alone. So there better be change, like I said we work way too hard to be paying taxes and not knowing where our money’s going,” he added.

Many officials have echoed Shirley’s calls for change, with FBI Director Kash Patel even announcing that the agency surged extra personnel to investigate the resources doled out to Minnesota. He said this is one of the first steps in a wide-reaching effort to “dismantle large-scale fraud schemes exploiting federal programs.”

FBI Director Kash Patel said the agency was fielding additional personnel to investigate fraud in Minnesota. FNTV

Federal investigators say half of the $18 billion granted to Minnesota since 2018 could have been stolen by fraudulent schemes — amounting to up to $9 billion in theft.

As of Saturday evening, 86 people have been charged in relation to these fraud scams, with 59 convicted so far.

Most of those accused of fraud come from Minnesota’s Somali community.

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Shirley’s mega-viral video cracked 100 million views Sunday night.



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FBI deploys more resources to ‘dismantle fraud schemes’ in Minnesota

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FBI deploys more resources to ‘dismantle fraud schemes’ in Minnesota


The FBI has deployed additional personnel and investigative resources to Minnesota to “dismantle large-scale fraud schemes exploiting federal programs”, director Kash Patel said on social media on Sunday.

The FBI director said the agency had already dismantled a $250m fraud scheme that stole federal food aid meant for vulnerable children during the Covid pandemic in a case that led to 78 indictments and 57 convictions.

Patel said the FBI believes “this is just the tip of a very large iceberg”. Some of those involved in the alleged scheme are being “referred to immigrations officials for possible further denaturalization and deportation proceedings where eligible”.

Patel’s comments comes after federal prosecutors estimate as much as $9bn has been stolen across schemes linked to the state’s Somalia population, a figure nearly equivalent to Somalia’s entire GDP.

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The FBI director also said he was aware of recent social media reports in Minnesota, which appears to refer to an online report by independent journalist Nick Shirley about a daycare center in Minneapolis that received $4m despite reportedly having no enrolled kids. The 42-minute video has been viewed 84m times since it was posted on 26 December.

Patel said the FBI had surged personnel and resources into the state before the video and attendant conversation escalated online.

The Trump administration has portrayed Minnesota’s Somali immigrant community as a locus of widespread fraud, much of it allegedly perpetrated during the Covid pandemic.

Last month, Donald Trump ended legal protections for Somalis in Minnesota and accused the state of being “a hub of fraudulent money laundering activity” under its Democratic governor, Tim Walz.

Somali Americans, Trump has said, “come from hell”, “contribute nothing” and should “go back to where they came from”. He has also described Minnesota’s Democratic representative Ilhan Omar as “garbage” and said “her friends are garbage.”

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Omar has called Trump’s “obsession” with her and Somali Americans “creepy and unhealthy.”

“We are not, and I am not, someone to be intimidated,” Omar said earlier this month, “and we are not gonna be scapegoated.”

Omar has accused agents with Immigration and Customs Enforcement (ICE) of pulling her constituents off the streets, including questioning her son. She has said she is being forced to address questions about her own immigration status.

In an interview with the Minnesota Star Tribune published on Friday, Omar called Trump’s immigration policy “cruel” during his first administration, “and now it’s just outright dangerous and severely inhumane” and “geared towards this sort of white supremacist view of what America should be”.

And she worries that “we’re not even at the worst yet, that there is probably more to come.”

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Omar has come under further pressure from the administration after it was revealed that her husband and former political consultant, Tim Mynett’s, $25m venture capital firm, Rose Lake Capital, recently purged key officer details from its website after questions were raised about the couple’s wealth.

The couple’s net worth surged 3,500% in just one year, according to reports, and their net worth is now anywhere between $6m and $30m. The venture capital firm alone, per the filing, is worth between $5m and $25m.

The firm’s officials and advisors that have been removed from Rose Lake Capital’s website include Adam Ereli, Barack Obama’s former ambassador to Bahrain; Max Baucus, Obama’s ambassador to China; Alex Hoffman, the former finance chair of the Democratic National Committee; and former DNC treasurer William Derrough.

Omar has not been accused of wrongdoing, but reports say that three people accused of defrauding the state have alleged ties to the congresswoman.

Asked about her support of the Meals Act, a bill that changed school meal reimbursement rules during the pandemic and has been connected to systems of fraud, Omar told Fox News Digital, it has not contributed to the fraud and “it did help feed kids”.

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