Arizona has joined a coalition supporting the constitutionality of The Indian Child Welfare Act of 1978 (“ICWA”). ICWA is a federal law that helps protect Native American children’s connection to their heritage during custody proceedings.
According to the Arizona Attorney General’s Office, when placing a child, ICWA dictates that preference is given to members of the child’s extended family, other members of the child’s tribe, and other Native American families, rather than to non-Native American adoptive parents.
“The greatest treasure of the Tribal Nations is their children,” said Attorney General Mark Brnovich. “The Indian Child Welfare Act works to protect the unique interests of these youngsters while promoting the stability and security of their tribes.”
In 2017, plaintiffs sued the United States Department of the Interior, challenging ICWA as unconstitutional. In October 2018, the district court for the Northern District of Texas wrongfully agreed with the plaintiffs and struck down much of ICWA. The Fifth Circuit Court of Appeals reversed this decision and upheld the constitutionality of ICWA. Plaintiffs then appealed to the 5th Cir. en banc, which issued a split decision affirming in part and reversing in part.
The United States Supreme Court granted certiorari in this case on February 28, 2022. The filed amicus brief argues that ICWA is a critical tool for protecting Native American children, is constitutional, and fosters collaboration between states and tribes. The Attorney General’s Office believes claims that the plaintiffs make must be rejected in their entirety.
Joining Arizona are California, Colorado, Connecticut, the District of Columbia, Idaho, Illinois, Iowa, Maine, Massachusetts, Michigan, Minnesota, Nevada, New Jersey, New Mexico, New York, North Carolina, Oregon, Pennsylvania, Rhode Island, South Dakota, Utah, Washington, and Wisconsin.