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ICWA also mandated that Hinojosa’s tribe receive notification from Social Services about the termination and be allowed to intervene.
ICWA was enacted following a century-long campaign by the federal government of <strong>forcibly removing Native children from their homes and placing them in boarding schools and white adoptive families</strong>.”
So maybe talk a little bit more about what the ramifications of or potential fallout from this case is, and how challenging ICWA may be part of a larger strategy?
Source: https://theintercept.com/2023/02/01/dissent-episode-three-tribal-sovereignty/
So the two big arguments that they’re making are that ICWA violates the equal protection clause of the 14th Amendment, which is basically laws in the United States can’t treat people differently based on race.
Source: https://theintercept.com/2023/02/01/dissent-episode-three-tribal-sovereignty/