Alaska leaders, tribal groups react to ruling to uphold Indian Child Welfare Act

ANCHORAGE, Alaska (KTUU) – In a 7-2 decision, the United States Supreme Court voted to uphold the Indian Child Welfare Act, which gives preference to Native American families in foster care when adopting Native children.

The two dissenters were Justices Clarence Thomas and Samuel Alito.

Many were concerned that the court would weaken or strike the law, which plays an important role in maintaining tribal identity for adoptees.

Enacted in 1978, the Indian Child Welfare Act provides guidelines for the placement of American Indian and Alaska Native foster children in custody, foster care, and adoption cases. It came as a response to the high number of Native American children being placed with non-Native families. The Supreme Court took up the case after three white families and several states challenged the law, claiming that it is based on race and therefore unconstitutional under the equal protection clause.

Thursday’s ruling reaffirmed the federal law and will prioritize placement of Native children with Native families in order grow up with their tradition and cultural practices. Under ICWA, a child’s own family would be the first choice for placement, followed by a family from the same tribe or nation. If no one from the child’s family or tribe are in consideration, a Native family of a different tribal affiliation would be the next preferred placement.

The decision is especially important in Alaska, home to 229 federally-recognized tribes and hundreds of Alaska Native entities. Reports show thousands of Alaska Native children involved in the child welfare system every year.

Nicole Borromeo, the executive vice president and general counsel for the Alaska Federation of Natives went as far as calling this decision “earth shattering.”

“The Brackeen decision had an enormous impact on Alaska. we’re home to over 40 percent of the nations tribes — 229 — and ICWA is a foundational cornerstone in which we’ve set many different federal policies on,” Borromeo said.

“The court really said it best — Native people have the right to raise their children in our cultures. Our tribes have the right to continue on as we have for millennium. And Congress have the right to legislate in the area of Indian affairs under its plenary power,” Borromeo said.

According to Borromeo, culture is the heartbeat of who Alaska Native people are, as most of their history is passed down orally. To Borromeo, it’s a significant decision that will ensure Alaska Native cultures and traditions survive with the next generation.

Many Alaska Natives, tribes, and organizations have been anxiously awaiting the Supreme Court’s decision — and now many are calling it a victory, including Alaska Native Justice Center chief operating officer Alex Cleghorn.

“Today’s decision by the U.S. Supreme Court is an overwhelming victory for tribal sovereignty, for tribes and for native children. We couldn’t have expected a better decision,” Cleghorn said.

“I think it is recognition, I think it’s respect, I think is a ringing endorsement for the findings of ICWA,” Cleghorn said.

Other leaders have come out in support of the Supreme Court’s decision on Thursday. Representative Mary Peltola reiterated the importance of the decision in a statement.

“This decision provides certainty and security for children and families all across this country, and respects the basic principles of self-governance for Native American tribes,” Peltola said. “This is an important step in continuing the process of intergenerational healing from long histories of separation and loss, and a victory for tribal advocates everywhere.”

Attorney General Treg Taylor also commented on the decision.

“Our commitment to partnership, communication and collaboration with Tribes in Alaska is steadfast. We understand and appreciate the value Tribes bring to child welfare in Alaska,” Taylor said.

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