FOR IMMEDIATE RELEASE
January 18, 2019
UTAH ATTORNEY GENERAL SEAN D. REYES JOINS BIPARTISAN COALITION OF ATTORNEYS GENERAL IN BRIEF DEFENDING LAW THAT PROTECTS NATIVE AMERICAN CHILDREN
SALT LAKE CITY – On Monday, Attorney
General Sean D. Reyes joined a bipartisan coalition of 21 states in filing an
amicus brief in the Fifth Circuit Court of Appeals to defend the Indian Child
Welfare Act (ICWA) in Brakeen
v. Zinke. ICWA is a 40-year-old federal law that furthers the
best interests of Native American children and protects the sovereignty of
Indian tribes by preserving children’s connections to their tribal heritage.
“The future of our Native American nations relies upon their youth learning and
integrating the proud history, traditions and culture of their people within
our broader society. ICWA accomplishes this while still providing needed
protections to indigenous children,” said Attorney General Reyes. “I’m pleased
to work in a bipartisan effort with sister states to defend this law. ICWA
works in Utah. The State supports it and our First Nation friends support it.
ICWA properly balances the safety and needs of children along with tribal and
societal interests.”
First enacted in 1978, ICWA was a response to a history of culturally
insensitive and ignorant removal of Indian children from their birth families.i
This resulted in the separation of Indian children from not only their
families, but their tribes and heritage as well. ICWA’s purpose is to “protect
the best interests of Indian children and promote the stability and security of
Indian tribes and families by the establishment of minimum Federal standards”
to be utilized in child welfare proceedings involving Native American children.ii
Attorney General Reyes continued, “It’s imperative Native American youth stay
with their families and tribes whenever possible. There is tremendous cultural
importance in this for the children and the nations. As one with heritage
from a Native people, I am sensitive to this issue. The Native Hawaiian
language was almost lost forever, until it was once again taught to our
children in schools and at home.”
In this case, individual plaintiffs, along with the states of Texas, Louisiana,
and Indiana, sued the U.S. Department of the Interior and its now-former
Secretary Ryan Zinke to challenge the law. In October 2018, the district court
for the Northern District of Texas agreed and struck down much of ICWA on
constitutional grounds. The brief filed today by Attorney General Reyes and 21
other Attorneys General argues that ICWA is an appropriate exercise of
Congress’s broad authority to legislate in the field of Indian affairs and does
not violate the Tenth Amendment or equal protection principles. The brief also
highlights ICWA’s important role in reducing disparities in child removal rates
and improving the collaboration between states and tribes relating to their
shared interest in improving the health and welfare of Native American
children.iii
Attorney General Reyes joined the Attorneys General of California, Alaska,
Arizona, Colorado, Idaho, Illinois, Iowa, Maine, Massachusetts, Michigan,
Minnesota, Mississippi, Montana, New Jersey, New Mexico, Oregon, Rhode Island,
Utah, Virginia, Washington, and Wisconsin in filing the brief.
# # #
i. About ICWA » NICWA. (n.d.) Retrieved from https://www.nicwa.org/about-icwa/
ii. Indian Child Welfare Act (ICWA). (n.d.). Retrieved from https://www.bia.gov/bia/ois/dhs/icwa
iii. A copy of the brief can be found here: https://attorneygeneral.utah.gov/wp-content/uploads/2019/01/Brackeen-Amicus.pdf
Photo Credit: Romel Jacinto
