The Indian Child Welfare Act and the 14th Amendment
We the People
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Iqwa
Under Iqwa a child is deemed to be Indian based on biological eligibility for tribal membership. The question in the equicase is whether this falls within that category or if instead it constitutes a prohibited racial classification. And the answer is that Iqwa violates the equal protection requirement and is a race-based statute because it's triggered entirely by biological rather than social or cultural factors.
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