Help Protect the Indian Child Welfare Act (ICWA)

Lakota Law

Earlier this week, I wrote to you about the exciting progress we’re making with my grandmothers’ group toward creating a tribally-run Child Welfare Department here at the Cheyenne River Nation. I also mentioned that our legal team was on the verge of completing the draft of an amicus brief for the Supreme Court that will help protect the Indian Child Welfare Act (ICWA), a federal law that keeps Native foster children in Native homes. Today, I’m happy to report that our draft brief has been completed and submitted for feedback to partner organizations who are part of the Tribal Supreme Court Project.

Protecting ICWA at the Supreme Court level goes hand-in-hand with my work to keep our children within kinship circles in my community.

Winning justice for our next generations and expanding tribal sovereignty will depend on a coordinated approach. Because ICWA’s fate will be determined by a dangerously conservative Supreme Court, our legal arguments must be well-measured and synced with our partners. Additionally, our work inside the courtroom must be paired with a continued focus on grassroots organizing in partnership with the Standing Rock and Cheyenne River Sioux Tribes to shore up tribally controlled foster care and adoption programs — especially in the event that ICWA gets struck down or modified later this year.

But the first line of defense is doing everything we can to preserve what we already have: ICWA is a good federal law that protects kids. The chair of our Advisory Board is former South Dakota Senator James Abourezk, who also happens to be ICWA’s primary creator. Now, Sen. Abourezk is co-authoring our amicus brief to the Supreme Court. We’re helping to communicate his detailed knowledge to the justices, and we believe his powerful testimony can help create key swing votes in our favor.

My deep appreciation to you for standing in our corner. Together, we can meet this pivotal moment. I’ve been active on the front lines of Native justice for five decades, and Lakota Law has worked to defend ICWA for more than 20 years. There’s nothing we haven’t seen, and there’s no fight we can’t win if we stay unified, work smart, and fight hard.

Wopila tanka — thank you for being a protector!
Madonna Thunder Hawk
Cheyenne River Organizer
The Lakota People’s Law Project

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