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The Uncertain Future of the Indian Child Welfare Act

Strict Scrutiny

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Iqwa - Is Congress Right to Regulate Native American Affairs?

Tribes lobbied Congress for greater control over child welfare matters that involved Native children. The result was the Iqwa, which was passed with bipartisan support in 1978. In recent years it has come under fire from conservatives as perpetuating racial segregation and discrimination of prospective adoptive parents.

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