Law Review Editors Behaving Badly
The Indian Child Welfare Act is a well-intentioned law that has gone terribly wrong. Intended to protect Native American children from overzealous, sometimes racist officials who were historically way too keen to terminate Native Americans’ parental rights, in practice it is itself a racist law.
I discuss some of the problems with the ICWA in my forthcoming book, Classified: The Untold History of Racial Classification in America. For example, the ICWA insists that a tribe that has no ties whatsoever to a child except common Indian genetic heritage can veto adoption of a partially Indian child by a non-Indian parent. A child who is, say, 1/64 Cherokee but is eligible for tribal membership must get the assent of not just the Cherokee tribe, but any other recognized tribe who might object, before a non-Indian parent may adopt him.
The ICWA is under intense scrutiny because of a recent en banc decision of a strongly divided Fifth Circuit regarding whether the Act is unco
Article from Reason.com