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U.S. Rep. Mary Peltola (Yup’ik/D-AK) and other House Democrats say they’re worried the U.S. Supreme Court is about to weaken the Indian Child Welfare Act, to the detriment of Native children and their tribes.
APRN’s Liz Ruskin has more.
Rep. Peltola, the first Alaska Native person elected to Congress, previously worked as a tribal court judge, where child custody cases were a mainstay.
At a congressional roundtable Tuesday, Rep. Peltola stressed the importance of keeping children with their families or placing them within their tribe.
“I think for every single human group, ever in existence, children, our precious children are our future. And certainly, for Natives, it is no different.”
The Supreme Court is expected to rule soon on a challenge to ICWA brought by the state of Texas and a group of non-Native adoptive parents. They say the Indian Child Welfare Act makes unconstitutional distinctions based on race.
Supporters of ICWA say it’s based on tribal affiliation.
Congress passed the law to reverse the wholesale alienation of children from their tribes.
New York University Law Professor Maggie Blackhawk says the trend reached terrifying levels by the 1950s and 1960s.
“State governments separated over 100,000 of the estimated 400,000 Native children from their parents and placed those children in homes with no political cultural or linguistic connection to their nations.”
The case is called Brackeen v. Haaland. The justices heard arguments in November. A ruling is expected by the end of June.
For nearly two decades, a North Dakota county elected local commissioners in a way that did not comply with a consent decree concerning Native American interests.
Advocates say a settlement has been reached to ensure that a fair system is re-established.
Mike Moen reports.
The Native American Rights Fund recently announced the pending agreement with Benson County.
In 2000, a court order spurred by a Department of Justice filing said the county’s choice of an “at-large” election process diminished the political power of Natives in the area. But in 2004, the county went back to that process.
Michael Carter, staff attorney with the Native American Rights Fund, said recent Census figures show Natives deserve greater representation.
“The county had a majority Native American population,” Carter said. “However there was only one Native American serving on the board.”
The group, which represented the Spirit Lake Tribe, contends the county’s actions violated the federal Voting Rights Act.
Benson County State’s Attorney James Wang calls the settlement a good result.
He notes that in 2004, the commission responded to a shift in Native population numbers and did not think the original decree was permanent.
In a phased-in structure, the new agreement gives Native voters an opportunity to elect three candidates of their choice to the Benson County Board of Commissioners.
Carter said cases like this one stem from a project NARF launched in 2020 to work with tribes around the country on redistricting efforts and the need for fair political maps.
“These are ongoing issues that require the local voters to stay engaged and stay informed about what county and local officials are doing,” he said.
The organization is involved in a pair of other legal cases concerning redistricting in North Dakota and its impact on Native American voters.
Those lawsuits are related to legislative seats, and Carter added one they filed is scheduled to o to trial in June.
This week, Arlando Teller, a member of the Navajo Nation, was sworn in as the first-ever Assistant Secretary for Indian Affairs at the U.S. Department of Transportation.
The new position was established under the Infrastructure Law creating the Office of Tribal Affairs to serve under the U.S. Transportation Secretary.
Navajo leaders were among those to join Teller in Washington, D.C. for the swearing in ceremony.
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