With the Indian Child Welfare Act Under Threat, More States Shore Up Laws to Protect Native Families from Foster Care Separation

Nancy Marie Spears, Sara Tiano, Jeremy Loudenback

A case now before the U.S. Supreme Court poses grave challenges to America’s landmark federal law that makes it more difficult for local child welfare agencies to separate Indigenous children from their families and tribes. But as of last month, 10 states including New Mexico have enacted local policies to make sure their residents are protected should the federal law known as ICWA, the Indian Child Welfare Act, be struck down by the high court. The 10 states include several that are home to the largest Indigenous populations within United States borders.