ICWA Upheld by U.S. Supreme Court

June 15, 2023 – The United States Supreme Court voted 7-2 to uphold the Indian Child Welfare Act (ICWA), reversing lower court rulings and rejecting race-based constitutional challenges to the Act. The ruling leaves ICWA and native American placement preferences intact. In a concurring opinion, Justices Gorsuch and Sotamayor reaffirmed Congressional authority to "secure the right of Indian parents to raise their families as they please; the right of Indian children to grow in their culture; and the right of Indian communities to resist fading into the twilight of history."

Red Cliff’s Chairman Christopher Boyd also praised the ruling, stating “today the United States Supreme Court did its part to prevent undermining the Indian Child Welfare Act. ICWA plays an important role in addressing some of the historic trauma our communities suffered at the hands of non-natives seeking to erase our culture. Our children are our future, and ICWA plays an important role in helping us maintain our identity as a tribal nation.”

The Red Cliff Band participated as amicus curae (friend of the court) in briefing before the Supreme Court.

The entire Supreme Court decision and opinions can be found HERE.

Please contact the Red Cliff Tribal Administration Building at 715-779-3700 with any questions.