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The implications of the case against ICWA

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May 17, 2023
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ANECDOTE

The Brakeen's Story

  • A white couple fostered a Navajo and Cherokee child for 10 months.
  • Navajo Nation found a Navajo home after parental rights were terminated, but the couple wanted to keep the child.
INSIGHT

Winning and Suing

  • The Brakeens, with support from the Texas AG and Gibson Dunn, won custody but still sued.
  • They claim ICWA racially discriminates by prioritizing Native families, even though they won.
INSIGHT

Discrimination Claims vs. Reality

  • Plaintiffs claim racial discrimination due to ICWA, despite mostly getting what they wanted.
  • Of four children, three went to white foster parents; only one went to a Native relative after a six-year battle.
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