Home Daily News Federal court in Texas declares Indian Child… By Lorelei Laird Posted October 10, 2018, 10:00 am CDT Photo by Shutterstock A Northern Texas federal district court struck down portions of the Indian Child Welfare Act last Thursday, finding that the disputed sections violate the Fifth Amendment’s equal protection guarantee by mandating racial preferences. In Brackeen v. Zinke, Judge Reed O’Connor of the court’s Fort Worth division ruled that the ICWA categorizes children in the child welfare system according to race, not membership or eligibility for membership in a tribe, making those provisions illegal racial preferences. He also struck down a portion of the ICWA that gives tribes the right to intervene in child welfare proceedings, as well as recently enacted regulatory rules implementing the ICWA. “No matter how defendants characterize Indian tribes—whether as quasi-sovereigns or domestic dependent nations—the Constitution does not permit Indian tribes to exercise federal legislative or executive regulatory power over nontribal persons on nontribal land,” the judge wrote in his opinion. Brackeen was filed not only by three foster families seeking to hold on to children and a birth mother of one of the children but also the states of Texas, Louisiana and Indiana,… Read full this story
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