Resources
Read important documents and other information about ICWA and the attacks against the law.
State Attorneys General Brief to Supreme Court in Support of ICWA
AUGUST 19, 2022
Attorneys general representing 23 states and the District of Columbia, both Republicans and Democrats, filed a brief highlighting the benefits of ICWA and calling on the Supreme Court to uphold its constitutionality.
Amicus Brief from 87 Members of Congress in Support of ICWA before U.S. Supreme Court
AUGUST 19, 2022
A bipartisan, bicameral group of members of Congress, filed an amicus brief urging the U.S. Supreme Court to affirm the Indian Child Welfare Act’s constitutionality.
Amicus Brief from Hundreds of Tribes and Tribal Organizations in Support of ICWA before U.S. Supreme Court
AUGUST 19, 2022
Almost 500 tribes were joined by more than 60 tribal organizations in an amicus brief in support of ICWA, highlighting the law’s constitutionality as an appropriate exercise of congressional authority.
Amicus Brief from Leading Child Welfare Organizations on ICWA's Benefits and Importance
AUGUST 19, 2022
27 organizations dedicated to child welfare, including Casey Family Programs, filed an amicus brief demonstrating that ICWA has strengthened families, helped children, and improved child welfare law.
Brief from Tribes Defending Indian Child Welfare Act before Supreme Court
AUGUST 12, 2022
The Cherokee Nation, Morongo Band of Mission Indians, Navajo Nation, Oneida Nation Chairman, and Quinault Indian Nation filed a brief with the United States Supreme Court on August 12, 2022 defending the constitutionality of the Indian Child Welfare Act.
Federal Brief Defending Before U.S Supreme Court
AUGUST 12, 2022
The U.S. Federal Government filed its brief with the U.S. Supreme Court in defense of ICWA, affirming the law’s constitutionality.
Amicus brief from 26 attorneys general in support of ICWA before U.S. Supreme Court
OCTOBER 8, 2021
A bipartisan coalition of 26 attorneys general filed an amicus brief in Brackeen v. Haaland in support of the “critical protections guaranteed under the Indian Child Welfare Act.”
Brief from Protect Indian Kids’ member tribes defending ICWA before U.S. Supreme Court
September 3, 2021
Protect Indian Kids’ four member tribes filed a brief with the U.S. Supreme Court in Brackeen v. Haaland, defending the Indian Child Welfare Act (ICWA) and its constitutionality.
Brief from Bipartisan, Bicameral Members of Congress Supporting the Indian Child Welfare Act in Brackeen v. Bernhardt en banc rehearing
December 13, 2019
A bipartisan group of 25 U.S. senators and 52 members of the U.S. House of Representatives filed a brief ahead of the United States Court of Appeals for the Fifth Circuit’s en banc rehearing of Brackeen v. Bernhardt, urging the court to uphold its previous decision affirming the constitutionality of IWCA.
Brief from Protect Indian Kids’ member tribes in Brackeen v. Bernhardt en banc rehearing
December 6, 2019
Protect Indian Kids’ four member tribes filed a brief ahead of the United States Court of Appeals for the Fifth Circuit’s en banc rehearing of Brackeen v. Bernhardt, defending ICWA against unwarranted attacks on the law’s constitutionality.
5th U.S. Circuit Court of Appeals Decision Upholding ICWA
August 9, 2019
In a decision issued on August 9, 2019, in Brackeen v. Bernhardt, the United States Court of Appeals for the Fifth Circuit ruled that ICWA is constitutional, upholding the law and recognizing its importance in protecting children and families.
Brief from Protect Indian Kids’ member tribes in Brackeen v. Bernhardt
February 19, 2019
In reply briefs filed with the United States Court of Appeals for the Fifth Circuit in the case Brackeen v. Bernhardt, tribal nations reaffirm the constitutionality of the Indian Child Welfare Act and underscore why ICWA’s protections continue to be vital for Native children and families.
Reply brief from from federal defendants in Brackeen v. Bernhardt
February 19, 2019
In reply briefs filed with the United States Court of Appeals for the Fifth Circuit in the case Brackeen v. Bernhardt, U.S federal government agencies argue that overturning ICWA would be “contrary to binding Supreme Court precedent” and would “upend centuries of settled law.”
Guidelines for Implementing the Indian Child Welfare Act
December 2016
In 2016, the Bureau of Indian Affairs published updated guidance for implementing the Indian Child Welfare Act, improving how the law is implemented and benefits children.
Congressional study on pre-ICWA removal of Native American children from families
July 23, 1978
Prior to the passage of ICWA, research found that Native American children were disproportionately separated from their parents and families. Studies showed that 25 to 35 percent of all Native American children were being removed, with 85 percent of that group placed outside of their families and communities.
Brief from Protect Indian Kids’ member tribes defending ICWA before U.S. Supreme Court
September 3, 2021
Protect Indian Kids’ four member tribes filed a brief with the U.S. Supreme Court in Brackeen v. Haaland, defending the Indian Child Welfare Act (ICWA) and its constitutionality.
Brief from Bipartisan, Bicameral Members of Congress Supporting the Indian Child Welfare Act in Brackeen v. Bernhardt en banc rehearing
December 13, 2019
A bipartisan group of 25 U.S. senators and 52 members of the U.S. House of Representatives filed a brief ahead of the United States Court of Appeals for the Fifth Circuit’s en banc rehearing of Brackeen v. Bernhardt, urging the court to uphold its previous decision affirming the constitutionality of IWCA.
Brief from Protect Indian Kids’ member tribes in Brackeen v. Bernhardt en banc rehearing
December 6, 2019
Protect Indian Kids’ four member tribes filed a brief ahead of the United States Court of Appeals for the Fifth Circuit’s en banc rehearing of Brackeen v. Bernhardt, defending ICWA against unwarranted attacks on the law’s constitutionality.
5th U.S. Circuit Court of Appeals Decision Upholding ICWA
August 9, 2019
In a decision issued on August 9, 2019, in Brackeen v. Bernhardt, the United States Court of Appeals for the Fifth Circuit ruled that ICWA is constitutional, upholding the law and recognizing its importance in protecting children and families.
Brief from Protect Indian Kids’ member tribes in Brackeen v. Bernhardt
February 19, 2019
In reply briefs filed with the United States Court of Appeals for the Fifth Circuit in the case Brackeen v. Bernhardt, tribal nations reaffirm the constitutionality of the Indian Child Welfare Act and underscore why ICWA’s protections continue to be vital for Native children and families.
Reply brief from from federal defendants in Brackeen v. Bernhardt
February 19, 2019
In reply briefs filed with the United States Court of Appeals for the Fifth Circuit in the case Brackeen v. Bernhardt, U.S federal government agencies argue that overturning ICWA would be “contrary to binding Supreme Court precedent” and would “upend centuries of settled law.”
Guidelines for Implementing the Indian Child Welfare Act
December 2016
In 2016, the Bureau of Indian Affairs published updated guidance for implementing the Indian Child Welfare Act, improving how the law is implemented and benefits children.
Congressional study on pre-ICWA removal of Native American children from families
July 23, 1978
Prior to the passage of ICWA, research found that Native American children were disproportionately separated from their parents and families. Studies showed that 25 to 35 percent of all Native American children were being removed, with 85 percent of that group placed outside of their families and communities.
Brief from Protect Indian Kids’ member tribes defending ICWA before U.S. Supreme Court
September 3, 2021
Protect Indian Kids’ four member tribes filed a brief with the U.S. Supreme Court in Brackeen v. Haaland, defending the Indian Child Welfare Act (ICWA) and its constitutionality.
Brief from Bipartisan, Bicameral Members of Congress Supporting the Indian Child Welfare Act in Brackeen v. Bernhardt en banc rehearing
December 13, 2019
A bipartisan group of 25 U.S. senators and 52 members of the U.S. House of Representatives filed a brief ahead of the United States Court of Appeals for the Fifth Circuit’s en banc rehearing of Brackeen v. Bernhardt, urging the court to uphold its previous decision affirming the constitutionality of IWCA.
Brief from Protect Indian Kids’ member tribes in Brackeen v. Bernhardt en banc rehearing
December 6, 2019
Protect Indian Kids’ four member tribes filed a brief ahead of the United States Court of Appeals for the Fifth Circuit’s en banc rehearing of Brackeen v. Bernhardt, defending ICWA against unwarranted attacks on the law’s constitutionality.
5th U.S. Circuit Court of Appeals Decision Upholding ICWA
August 9, 2019
In a decision issued on August 9, 2019, in Brackeen v. Bernhardt, the United States Court of Appeals for the Fifth Circuit ruled that ICWA is constitutional, upholding the law and recognizing its importance in protecting children and families.
Brief from Protect Indian Kids’ member tribes in Brackeen v. Bernhardt
February 19, 2019
In reply briefs filed with the United States Court of Appeals for the Fifth Circuit in the case Brackeen v. Bernhardt, tribal nations reaffirm the constitutionality of the Indian Child Welfare Act and underscore why ICWA’s protections continue to be vital for Native children and families.
Reply brief from from federal defendants in Brackeen v. Bernhardt
February 19, 2019
In reply briefs filed with the United States Court of Appeals for the Fifth Circuit in the case Brackeen v. Bernhardt, U.S federal government agencies argue that overturning ICWA would be “contrary to binding Supreme Court precedent” and would “upend centuries of settled law.”
Guidelines for Implementing the Indian Child Welfare Act
December 2016
In 2016, the Bureau of Indian Affairs published updated guidance for implementing the Indian Child Welfare Act, improving how the law is implemented and benefits children.
Congressional study on pre-ICWA removal of Native American children from families
July 23, 1978
Prior to the passage of ICWA, research found that Native American children were disproportionately separated from their parents and families. Studies showed that 25 to 35 percent of all Native American children were being removed, with 85 percent of that group placed outside of their families and communities.
Brief from Bipartisan, Bicameral Members of Congress Supporting the Indian Child Welfare Act in Brackeen v. Bernhardt en banc rehearing
December 13, 2019
A bipartisan group of 25 U.S. senators and 52 members of the U.S. House of Representatives filed a brief ahead of the United States Court of Appeals for the Fifth Circuit’s en banc rehearing of Brackeen v. Bernhardt, urging the court to uphold its previous decision affirming the constitutionality of IWCA.
Brief from Protect Indian Kids’ member tribes in Brackeen v. Bernhardt en banc rehearing
December 6, 2019
Protect Indian Kids’ four member tribes filed a brief ahead of the United States Court of Appeals for the Fifth Circuit’s en banc rehearing of Brackeen v. Bernhardt, defending ICWA against unwarranted attacks on the law’s constitutionality.
5th U.S. Circuit Court of Appeals Decision Upholding ICWA
August 9, 2019
In a decision issued on August 9, 2019, in Brackeen v. Bernhardt, the United States Court of Appeals for the Fifth Circuit ruled that ICWA is constitutional, upholding the law and recognizing its importance in protecting children and families.
Brief from Protect Indian Kids’ member tribes in Brackeen v. Bernhardt
February 19, 2019
In reply briefs filed with the United States Court of Appeals for the Fifth Circuit in the case Brackeen v. Bernhardt, tribal nations reaffirm the constitutionality of the Indian Child Welfare Act and underscore why ICWA’s protections continue to be vital for Native children and families.
Reply brief from from federal defendants in Brackeen v. Bernhardt
February 19, 2019
In reply briefs filed with the United States Court of Appeals for the Fifth Circuit in the case Brackeen v. Bernhardt, U.S federal government agencies argue that overturning ICWA would be “contrary to binding Supreme Court precedent” and would “upend centuries of settled law.”
Guidelines for Implementing the Indian Child Welfare Act
December 2016
In 2016, the Bureau of Indian Affairs published updated guidance for implementing the Indian Child Welfare Act, improving how the law is implemented and benefits children.
Congressional study on pre-ICWA removal of Native American children from families
July 23, 1978
Prior to the passage of ICWA, research found that Native American children were disproportionately separated from their parents and families. Studies showed that 25 to 35 percent of all Native American children were being removed, with 85 percent of that group placed outside of their families and communities.
Brief from Bipartisan, Bicameral Members of Congress Supporting the Indian Child Welfare Act in Brackeen v. Bernhardt en banc rehearing
December 13, 2019
A bipartisan group of 25 U.S. senators and 52 members of the U.S. House of Representatives filed a brief ahead of the United States Court of Appeals for the Fifth Circuit’s en banc rehearing of Brackeen v. Bernhardt, urging the court to uphold its previous decision affirming the constitutionality of IWCA.
Brief from Protect Indian Kids’ member tribes in Brackeen v. Bernhardt en banc rehearing
December 6, 2019
Protect Indian Kids’ four member tribes filed a brief ahead of the United States Court of Appeals for the Fifth Circuit’s en banc rehearing of Brackeen v. Bernhardt, defending ICWA against unwarranted attacks on the law’s constitutionality.
5th U.S. Circuit Court of Appeals Decision Upholding ICWA
August 9, 2019
In a decision issued on August 9, 2019, in Brackeen v. Bernhardt, the United States Court of Appeals for the Fifth Circuit ruled that ICWA is constitutional, upholding the law and recognizing its importance in protecting children and families.
Brief from Protect Indian Kids’ member tribes in Brackeen v. Bernhardt
February 19, 2019
In reply briefs filed with the United States Court of Appeals for the Fifth Circuit in the case Brackeen v. Bernhardt, tribal nations reaffirm the constitutionality of the Indian Child Welfare Act and underscore why ICWA’s protections continue to be vital for Native children and families.
Reply brief from from federal defendants in Brackeen v. Bernhardt
February 19, 2019
In reply briefs filed with the United States Court of Appeals for the Fifth Circuit in the case Brackeen v. Bernhardt, U.S federal government agencies argue that overturning ICWA would be “contrary to binding Supreme Court precedent” and would “upend centuries of settled law.”
Guidelines for Implementing the Indian Child Welfare Act
December 2016
In 2016, the Bureau of Indian Affairs published updated guidance for implementing the Indian Child Welfare Act, improving how the law is implemented and benefits children.
Congressional study on pre-ICWA removal of Native American children from families
July 23, 1978
Prior to the passage of ICWA, research found that Native American children were disproportionately separated from their parents and families. Studies showed that 25 to 35 percent of all Native American children were being removed, with 85 percent of that group placed outside of their families and communities.
Brief from Protect Indian Kids’ member tribes in Brackeen v. Bernhardt en banc rehearing
December 6, 2019
Protect Indian Kids’ four member tribes filed a brief ahead of the United States Court of Appeals for the Fifth Circuit’s en banc rehearing of Brackeen v. Bernhardt, defending ICWA against unwarranted attacks on the law’s constitutionality.
5th U.S. Circuit Court of Appeals Decision Upholding ICWA
August 9, 2019
In a decision issued on August 9, 2019, in Brackeen v. Bernhardt, the United States Court of Appeals for the Fifth Circuit ruled that ICWA is constitutional, upholding the law and recognizing its importance in protecting children and families.
Brief from Protect Indian Kids’ member tribes in Brackeen v. Bernhardt
February 19, 2019
In reply briefs filed with the United States Court of Appeals for the Fifth Circuit in the case Brackeen v. Bernhardt, tribal nations reaffirm the constitutionality of the Indian Child Welfare Act and underscore why ICWA’s protections continue to be vital for Native children and families.
Reply brief from from federal defendants in Brackeen v. Bernhardt
February 19, 2019
In reply briefs filed with the United States Court of Appeals for the Fifth Circuit in the case Brackeen v. Bernhardt, U.S federal government agencies argue that overturning ICWA would be “contrary to binding Supreme Court precedent” and would “upend centuries of settled law.”
Guidelines for Implementing the Indian Child Welfare Act
December 2016
In 2016, the Bureau of Indian Affairs published updated guidance for implementing the Indian Child Welfare Act, improving how the law is implemented and benefits children.
Congressional study on pre-ICWA removal of Native American children from families
July 23, 1978
Prior to the passage of ICWA, research found that Native American children were disproportionately separated from their parents and families. Studies showed that 25 to 35 percent of all Native American children were being removed, with 85 percent of that group placed outside of their families and communities.
Brief from Protect Indian Kids’ member tribes in Brackeen v. Bernhardt en banc rehearing
December 6, 2019
Protect Indian Kids’ four member tribes filed a brief ahead of the United States Court of Appeals for the Fifth Circuit’s en banc rehearing of Brackeen v. Bernhardt, defending ICWA against unwarranted attacks on the law’s constitutionality.
5th U.S. Circuit Court of Appeals Decision Upholding ICWA
August 9, 2019
In a decision issued on August 9, 2019, in Brackeen v. Bernhardt, the United States Court of Appeals for the Fifth Circuit ruled that ICWA is constitutional, upholding the law and recognizing its importance in protecting children and families.
Brief from Protect Indian Kids’ member tribes in Brackeen v. Bernhardt
February 19, 2019
In reply briefs filed with the United States Court of Appeals for the Fifth Circuit in the case Brackeen v. Bernhardt, tribal nations reaffirm the constitutionality of the Indian Child Welfare Act and underscore why ICWA’s protections continue to be vital for Native children and families.
Reply brief from from federal defendants in Brackeen v. Bernhardt
February 19, 2019
In reply briefs filed with the United States Court of Appeals for the Fifth Circuit in the case Brackeen v. Bernhardt, U.S federal government agencies argue that overturning ICWA would be “contrary to binding Supreme Court precedent” and would “upend centuries of settled law.”
Guidelines for Implementing the Indian Child Welfare Act
December 2016
In 2016, the Bureau of Indian Affairs published updated guidance for implementing the Indian Child Welfare Act, improving how the law is implemented and benefits children.
Congressional study on pre-ICWA removal of Native American children from families
July 23, 1978
Prior to the passage of ICWA, research found that Native American children were disproportionately separated from their parents and families. Studies showed that 25 to 35 percent of all Native American children were being removed, with 85 percent of that group placed outside of their families and communities.
Brief from Protect Indian Kids’ member tribes in Brackeen v. Bernhardt en banc rehearing
December 6, 2019
Protect Indian Kids’ four member tribes filed a brief ahead of the United States Court of Appeals for the Fifth Circuit’s en banc rehearing of Brackeen v. Bernhardt, defending ICWA against unwarranted attacks on the law’s constitutionality.
5th U.S. Circuit Court of Appeals Decision Upholding ICWA
August 9, 2019
In a decision issued on August 9, 2019, in Brackeen v. Bernhardt, the United States Court of Appeals for the Fifth Circuit ruled that ICWA is constitutional, upholding the law and recognizing its importance in protecting children and families.
Brief from Protect Indian Kids’ member tribes in Brackeen v. Bernhardt
February 19, 2019
In reply briefs filed with the United States Court of Appeals for the Fifth Circuit in the case Brackeen v. Bernhardt, tribal nations reaffirm the constitutionality of the Indian Child Welfare Act and underscore why ICWA’s protections continue to be vital for Native children and families.
Reply brief from from federal defendants in Brackeen v. Bernhardt
February 19, 2019
In reply briefs filed with the United States Court of Appeals for the Fifth Circuit in the case Brackeen v. Bernhardt, U.S federal government agencies argue that overturning ICWA would be “contrary to binding Supreme Court precedent” and would “upend centuries of settled law.”
Guidelines for Implementing the Indian Child Welfare Act
December 2016
In 2016, the Bureau of Indian Affairs published updated guidance for implementing the Indian Child Welfare Act, improving how the law is implemented and benefits children.
Congressional study on pre-ICWA removal of Native American children from families
July 23, 1978
Prior to the passage of ICWA, research found that Native American children were disproportionately separated from their parents and families. Studies showed that 25 to 35 percent of all Native American children were being removed, with 85 percent of that group placed outside of their families and communities.