Texas v. Zinke

Press Release and Coverage Regarding Texas v. Zinke (ICWA Challenge)

Kate Fort

California Tribal Families Coalition, News Release Tribal Coalition Urges Attorneys General to Protect Tribal Children

A coalition of California tribes and leaders today urged state attorneys general across 18 states and U.S. territories to stand with tribes in support of the Indian Child Welfare Act (ICWA) as it faces an outrageous legal challenge that seeks to unwind decades of critical legal protections for tribal children and families.

The letter sent on November 4, 2017 by the Sacramento-based California Tribal Families Coalition to the Conference of Western Attorneys General comes on the heels of an Oct. 25th federal lawsuit filed by the State of Texas and two foster care parents challenging the constitutionality of the ICWA.

California Daily Journal, Critics Distort Indian Child Welfare Law.

Law 360, New Indian Child Welfare Act Challenges On The Horizon

The Texas v. Zinke documents are here.

 

(I have seen and am choosing not to post the recent National Review op-ed by Tim Sandefur.)

 

Texas and Prospective Adoptive Parents File Constitutional Challenge to ICWA and Regulations

Kate Fort

Complaint here (northern district of Texas).

Additional documents will be posted here.

Plaintiffs thus bring this action for declaratory and injunctive relief and pray that this court:

(1) vacate and set aside the Final Rule;

(2) declare that Sections 1901–1923 and 1951–1952 of ICWA violate the Constitution;

(3) declare that Section 1915 of ICWA violates the Constitution;

(4) enjoin the defendants from implementing or administering Sections 1901–1923 and 1951–1952 of ICWA; and

(5) enjoin the defendants from implementing or administering Section 1915 of ICWA.