NATIONAL AMERICAN INDIAN COURT JUDGES ASSOCIATION SERVING TRIBAL JUSTICE SYSTEMS SINCE 1969

1942 BROADWAY, SUITE 321 / BOULDER, CO 80302 | PHONE 303.449.4112 | FAX 303.449.4038

A 501(c)(3) Non-Profit Association

FOR IMMEDIATE RELEASE

JUNE 21, 2018

STATEMENT OF THE NATIONAL AMERICAN INDIAN COURT JUDGES ASSOCIATION REGARDING THE SEPARATION OF CHILDREN POLICY AT THE U.S. BORDER

The National American Indian Court Judges Association (NAICJA) welcomes the halt to separation of children from their parents at the border. NAICJA deplores the wholesale separation of children from their parents at the U.S. border without the due process of law. This devastating policy imposed undue suffering upon immigrant children. NAICJA hopes, that while brief, this episode is not soon repeated for any class of children, regardless of status, location, or parental issues. This was a trauma imposed upon children that this country should never allow.

At this time, the agencies have not identified a plan for the reunification of the thousands of children who have been separated from their families. As judges who receive continued judicial training on trauma, and who encourage the implementation of trauma-informed practices, we understand the continued harm that is occurring in these circumstances. NAICJA calls for the immediate reunification of families in order to minimize the irreparable harm experienced by these children, the most vulnerable of all people.

Members of NAICJA, sitting in tribal communities, know too well the harm, suffering, and misery experienced by these children. We as Native Americans have our worst memories resurrected when we see children torn from their parents at the hands of law enforcement, taken to unknown locations, and with an unknown path to reunification. We as a people have historically suffered the consequences of such forceful removal of its children from parents and caretakers that created inter- generational harm that we as courts and professionals still struggle to address. Most recently, Native Americans observed the repatriation of native children’s remains from distant boarding school cemeteries, having died far from home in the 19th and early 20th century. The emotional and spiritual devastation experienced from the forced removal of native children from their parents is still being felt in our communities today, and NAICJA feels compelled to speak out against this practice in the present and future.

We urge all to remember the adverse effect upon these immigrant children when they are removed from their parents. Not only do these children suffer immediate trauma, but their chance for a productive and happy lives are significantly reduced by such experiences. As judges, we see the effects of trauma upon children in our juvenile and family courts. In all court proceedings in which we as tribal judges participate, “the best interest of the child” is of prime concern. This standard should apply to all children. All children deserve to be in a safe, permanent, and stable home.

AN IRS 501 (c)(3) CORPORATION | FEDERAL ID #84-0611428

We are thankful the current separation policy has ended, and NAICJA urges the speedy reunification of the children with their families. NAICJA further urges that regardless of future public policies, the safety and humane treatment of children always be foremost in our Nation’s heart.

Hon. Richard Blake, President NAICJA Board of Directors

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NATIONAL AMERICAN INDIAN COURT JUDGES ASSOCIATION | 1942 Broadway, Suite 321 | Boulder, CO 80302 | Tel. 303.449.4112 | Fax 303.449.4038

Here are the new materials in White Mountain Apache Tribe v. United States (Fed. Cl.):

26-1 motion for reconsideration

32 response

35 reply

37 wmat supplemental brief

38 us response to 37

39 dct order

Prior post here.