10/06/2026
**CWLA Statement on ICWA Challenge**
Yesterday, the U.S. Supreme Court declined to hear a new constitutional challenge to the Indian Child Welfare Act (ICWA) and the Minnesota Indian Family Preservation Act (MIFPA) in N.R. v. Ellison, a case that argues these laws violate equal protection. CWLA celebrates this decision by the Supreme Court.
Our nation has a long, painful history of disregarding Tribal sovereignty and removing Alaska Native and American Indian children from their families, communities, and traditions. Passed in 1978, ICWA is a critical federal law protecting the well-being of Native children by prioritizing family integrity and stability. It is considered the “gold standard” in child welfare policy, grounded in best practices and supported by decades of experience and research. ICWA is fundamental to the well-being of Native children and families.
Tribal Nations fought hard for the safeguards offered by ICWA when it was first passed and have continued to fight to maintain these protections in the decades since. Just three years ago, advocates successfully defeated a similar attack on ICWA in the 2023 Haaland v. Brackeen decision, in which 7 out of 9 of the Supreme Court Justices affirmed the constitutionality of ICWA and preserved Tribal sovereignty in child welfare practice. CWLA was proud to stand alongside the dedicated advocates responsible for that victory and will continue to support protection and robust implementation of this important law.