(PORTLAND, Ore. December 13, 2019) — Today, 486 federally recognized American Indian and Alaska Native Tribes and 59 Native organizations 

 to the Fifth U.S. Circuit Court of Appeals defending the constitutionality of the Indian Child Welfare Act (ICWA) as part of the Court’s en banc proceedings.

The Protect ICWA Campaign strongly supports this effort to defend ICWA, which was joined by 26 States and 77 members of Congress, and other partners who know how critical ICWA is in achieving the best interest of Indian children and families in state child welfare proceedings.

The briefs were filed in Brackeen v. Bernhardt, the federal lawsuit in which three states and a handful of individual plaintiffs have challenged the constitutionality of ICWA. Earlier this year, a three-judge panel of the Fifth Circuit affirmed that ICWA is constitutional. However, following a recent order by the Fifth Circuit, the full en banc court is currently considering this case with oral arguments scheduled in late January 2020.

"We're pleased, once again, at the overwhelming expression of support for the Indian Child Welfare Act," said Sarah Kastelic, Executive Director of the National Indian Child Welfare Association. "It's no surprise that tribal governments, states, members of Congress, and child welfare experts alike support important protections of ICWA that ensure considerations necessary to determine the best interest of each Indian child."

“The National Congress of American Indians, the oldest and largest organization made up of tribal nations, stands alongside Native children and families today, to educate the Fifth Circuit about the critical protections the Indian Child Welfare Act provides to our communities and the importance of honoring tribal authority to make determinations concerning our Indian children and our Indian families,” said Kevin J. Allis, Chief Executive Officer of the National Congress of American Indians.

“The overwhelming support from Indian Country, states, child welfare organizations, and others is evidence of how ICWA works to protect the Indian child and family, as the gold standard in child welfare,” said Shannon Keller O'Loughlin, Executive Director and Attorney for the Association on American Indian Affairs. “The interests that seek to overturn ICWA are those interests that make money in the adoption industry. We will continue to fight to protect our children and give them every opportunity to live healthy and strong.”

"I am happy but not surprised by the number of signatories that joined on this brief—Indian country stands as one in support of the Indian Child Welfare Act,” said John Echohawk, Executive Director of the Native American Rights Fund. “Support for ICWA is strong and consistent across tribes as well as organizations and individuals who work on child welfare issues. It is known as an essential protection that promotes our children's well-being. Well-being that historically has been neglected and ignored."

https://www.narf.org/nill/documents/20191213brackeen-tribe-amicus.pdf

The Protect ICWA Campaign (the Campaign) was established by four national Native organizations: the 

National Indian Child Welfare Association

. Together, the Campaign works to serve and support Native children, youth, and families through upholding the Indian Child Welfare Act. The Campaign works to inform policy, legal, and communications strategies with the mission to uphold and protect ICWA.

Protect ICWA Campaign Applauds Legal Filing by Large Coalition of Tribal Nations and Native Organizations Defending the Indian Child Welfare Act (ICWA)

NCAI Video: Change The Mascot

(PORTLAND, Ore. November 7, 2019) — Today, the U.S. Circuit Court of Appeals for the Fifth Circuit granted rehearing en banc in the case Brackeen v. Bernhardt. The Protect ICWA Campaign, consisting of the National Indian Child Welfare Association, the National Congress of American Indians, the Association on American Indian Affairs, and the Native American Rights Fund, issued the following statement in response:

“This summer, a three-judge panel of the Fifth Circuit upheld the constitutionality of the Indian Child Welfare Act (ICWA), and we remain confident that upon rehearing en banc the full court will do the same.

For centuries, the United States Congress, Executive Branch, and Supreme Court have affirmed the unique political status of tribal nations and Native people. ICWA was enacted with that unique political status in mind and applies only to tribal nations that share a government-to-government relationship with the United States and to Indian children and families who share in that relationship. We are confident the Fifth Circuit will affirm ICWA’s strong constitutional grounding.

In addition, for more than 150 years, the U.S. Supreme Court has recognized that this federal authority to legislate with regard to tribal nations and native people is not limited by reservation borders but extends to wherever Indians may live. When Congress enacted ICWA, it carefully balanced the respective powers of tribes, states, and the federal government to create process that protects Indian children nationwide.

ICWA has long been recognized as best practice in child welfare and it includes broad support in this case from, among others, 21 states, 325 tribal nations, 57 Native organizations, 31 leading child welfare organizations, Indian and constitutional law scholars, and members of Congress.

ICWA is vital for protecting the well-being of Indian children across the United States today and tomorrow. The Protect ICWA Campaign will continue to work with tribal nations, tribal leaders, and allies to ensure a strong Indian Child Welfare Act for future generations of Indian families.”

Fifth Circuit Court of Appeals to Rehear Brackeen v. Bernhardt

(PORTLAND, Ore. August 9, 2019)— Today, the Fifth Circuit Court of Appeals published its decision in 

 the federal court challenge to the Indian Child Welfare Act (ICWA). The court’s decision affirmed the constitutionality of ICWA, recognizing the unique political status of tribal nations and upholding the federal law that is so critical to safeguarding Indian child welfare. It is a resounding victory for the law and those who fought to protect it.

ICWA is vital for protecting the well-being of Native children. Today’s decision reaffirms tribal nations’ inherent sovereign authority to make decisions about Native children and families wherever those children and families may live.

As today marks the International Day of the World's Indigenous Peoples, the Protect ICWA Campaign Partners celebrate this decision as it upholds centuries of Supreme Court precedent and protects the best interests of Native children and families.

"This ruling is a strong affirmation of the constitutionality of ICWA and the inherent tribal authority to make decisions about the well-being of member children, whether they live on or off of tribal lands. ICWA remains the gold standard of child welfare policy and practice; it is in the best interest of Native children," said Sarah Kastelic, executive director of the National Indian Child Welfare Association.

“The National Congress of American Indians commends the efforts of the intervening tribes—the Cherokee Nation, Morongo Band of Mission Indians, the Navajo Nation, the Oneida Nation, and the Quinault Indian Nation—the Bureau of Indian Affairs, the Department of Justice, and all others in Indian Country that joined this fight to protect our Native children. Today’s decision that clearly defines the breadth of the relationship between the federal government and tribal nations, sends a sharp message as to the strength of tribal sovereignty, which will safeguard Indian Country from such misguided litigation in the future,” said Kevin Allis, CEO of the National Congress of American Indians.

Shannon Keller O’Loughlin, executive director and Attorney for the Association on American Indian Affairs ecstatically stated, “the Association has fought since the early 1960s to make sure that Indian children and their extended families can stay connected and that our diverse cultures can be passed on to coming generations. The Fifth Circuit’s decision today acknowledges Indian Nations’ important political and sovereign rights to protect Indian children and families and strengthen the continuation of our cultures.”

John Echohawk, executive director of the Native American Rights Fund, applauded the Fifth Circuit’s return to core Indian law principles that go back to the founding of the United States. “It is so great to see the Fifth Circuit follow federal Indian law as we know it and uphold the constitutionality of the Indian Child Welfare Act,” he said.

https://www.narf.org/nill/documents/20190809brackeen-icwa-opinion.pdf

Fifth Circuit Court of Appeals Reaffirms the Constitutionality of ICWA

CALL TO ACTION: How You Can Help Tribal Nations in the Midwest Hit Hard by Recent Severe Storms and Flooding

Dangerous flooding and severe storms in the Midwest have devastated tribal nations across the region. This disaster has destroyed local roads, tribal buildings, and critical infrastructure. Tribal nations are working hard to address the needs of their citizens and repair damages, but they need your assistance. If you would like to send monetary donations, supplies, or any other assistance, please reach out to the tribal contacts listed below.





Tribal Contact: David Nelson, Emergency Manager
Phone: 605-964-6559
Email: 

You can mail your monetary donations to the following address:
Attn: Bernita Clark, Tribal Treasurer
Cheyenne River Sioux Tribe
P.O. Box 590
Eagle Butte, SD 57625

Tribal Address for Supplies: Please call the tribal point of contact to verify supply needs before sending any items.
If you would like to send supplies to the Cheyenne River Sioux Tribe, please contact David Nelson.





Tribal Contact: Melissa Cook, Intergovernmental Affairs Manager
Phone: 715-799-5114 ext. 1263
Email: 

You can mail your monetary donations to the following address:
Attn: Melissa Cook, Intergovernmental Affairs Manager
P.O. Box 910
Keshena, WI 54135

Tribal Address for Supplies: Please call the tribal point of contact to verify supply needs before sending any items:
W2908 Tribal Office Loop Road
Keshena, WI 54135





Tribal Contact: Robert Oliver, Emergency Manager
Phone: 605-747-2444

Monetary Donations:

You can mail your monetary donations to the following address:
Attn: Robert Oliver, Emergency Manager
P.O. Box 4030
Rosebud, SD 57570

Tribal Address for Supplies: Please call the tribal point of contact to verify supply needs before sending any items.
If you would like to send supplies to the Rosebud Sioux Tribe, please contact Robert Oliver.





Tribal Contact: Chairwoman Susan Lowe
Phone: 800-236-2195

Monetary Donations:

You can mail your monetary donations to the following address:
Attn: Micheala Lowe
24663 Angeline Ave.
Webster, WI 54893

Tribal Address for Supplies: Please call the tribal point of contact to verify supply needs before sending any items:
Round Lake Community Center
2221 60th St
Luck, WI 54853





Tribal Contact: Richard Leasure, Emergency Manager
Phone: 605-384-5012

Monetary Donations: You can mail your monetary donations to the following address:
Att: Kenny Cook, Treasurer
P.O. Box 1153
Wagner, SD 57380

Tribal Address for Supplies: Please call the tribal point of contact to verify supply needs before sending any items:
Yankton Sioux Tribe Administration Building
800 Maine Ave, SW
Wagner, SD 57380



If you have any questions, information, or concerns, please contact NCAI.



NCAI Contact Info: Kelbie Kennedy, Policy Counsel, 

CALL TO ACTION: Assisting Midwest Tribal Nations Impacted by Severe Storms and Flooding

NCAI Announces Appointment of Four Tribal Leaders to Serve

as Co-Chairs of Climate Action Task Force

 | Today, the National Congress of American Indians (NCAI) announced the appointment of four tribal leaders to serve as the inaugural Co-Chairs of NCAI’s new Climate Action Task Force. NCAI President Jefferson Keel announced the establishment of the Task Force at NCAI’s Executive Council Winter Session in February. The four Co-Chairs are:

Melanie Bahnke, President, Kawerak, Inc.
Brian Cladoosby, Chairman, Swinomish Indian Tribal Community
Beverly Cook, Tribal Chief, St. Regis Mohawk Tribe
Stephen Roe Lewis, Governor, Gila River Indian Community

“These leaders oversee cutting-edge initiatives that work to mitigate and adapt to the impacts of climate change on Native communities,” said Keel. “They bring a wealth of knowledge to the Task Force, and will serve as able stewards as the Task Force commences its critical work on this grave challenge to our peoples, places, cultures, and economies.”

The working mission of the Task Force is to “document, inform, and support the climate action efforts of tribal nations and Native organizations, and identify and advocate for policies and funding designed to empower their ability to engage in effective, sustainable climate action.”

The inaugural meeting of the Task Force will take place on Monday, June 24, 2019 at NCAI’s 

About The National Congress of American Indians:

Founded in 1944, the National Congress of American Indians is the oldest, largest and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of tribal governments and communities, promoting strong tribal-federal government-to-government policies, and promoting a better understanding among the general public regarding American Indian and Alaska Native governments, people and rights. For more information visit

NCAI Announces Appointment of Four Tribal Leaders to Serve as Co-Chairs of Climate Action Task Force

NCAI applauds the recent signing of a bill making Maine the first state to ban the use of all Native “themed” mascots and imagery in public schools, colleges, and universities. The signing of this bill becomes the most comprehensive mascot legislation to pass to date. Maine joins other government bodies in setting an example of a government honoring the state’s tribal nations and signifies the state’s respect for all of its citizens.

Since 1968, NCAI has diligently opposed derogatory and harmful stereotypes of Native peoples in media and popular culture, which includes sports mascots and related imagery. During the past 51 years, 

hundreds of tribal nations, national and regional tribal organizations, civil rights organizations, school boards, sports teams, sports and media personalities, and individuals have called for the end to harmful Native-themed mascots

. This stance is further supported by social science research conducted by the 

 that found derogatory “Indian” sports mascots have negative psychological, social and cultural impacts on Native people, especially Native youth.

NCAI is committed to its ongoing public education and advocacy efforts to whittle away at the remaining public educational institutions who continue to use offensive, derogatory, and harmful Native “themed” mascots, names, and/or imagery. As the oldest, largest, most representative American Indian and Alaska Native organization, we look forward to more states standing with Maine on the right side of history.

###



About the National Congress of American Indians:



Founded in 1944, the National Congress of American Indians is the oldest, largest and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of tribal governments and communities, promoting strong tribal-federal government-to-government policies, and promoting a better understanding among the general public regarding American Indian and Alaska Native governments, people and rights. For more information, visit 

NCAI Statement on Maine Governor's Ban on Use of Native-Themed Mascots

House Judiciary Committee Approves Tribal Provisions at Markup of H.R. 1585, the Violence Against Women Reauthorization Act of 2019

 | Today, the House Judiciary Committee held a markup of the Violence Against Women Reauthorization Act of 2019 (H.R. 1585) and reported it favorably out of Committee. This legislation increases safety for Native victims by building on the landmark provision included in the Violence Against Women Act 2013 (VAWA) that created a framework for tribal governments to prosecute non-Indians for the first time since 

 Currently tribes can prosecute non-Indians only for domestic violence, dating violence, and criminal violations of protection orders. Section 903 of H.R. 1585 would add child abuse, sexual assault, stalking, trafficking, obstruction of justice, and assaults against law enforcement officers to the crimes that tribes can prosecute against non-Indians. The legislation would also expand tribal access to federal criminal databases and create a pilot project aimed at addressing the unique challenges in Alaska.

H.R. 1585 was approved on a party line vote, with Democrats voting in favor of the legislation and Republicans voting against it. Juana Majel-Dixon, Co-Chair for the Task Force on Violence Against Women and Recording Secretary at National Congress of American Indians (NCAI) responded to the favorable outcome of the Bill stating, “We applaud the Committee for approving this important legislation, which would enhance safety for victims in Indian Country.” She also thanked the Committee for rejecting an amendment that would have repealed the tribal jurisdiction provisions included in the Violence Against Women Reauthorization Act of 2013, saying “I was disheartened, and frankly appalled, to see an amendment offered that would have stripped tribal governments of their inherent authority to hold non-Indians accountable for domestic violence crimes on tribal lands. With more than 4 in 5 Native women experiencing domestic violence in their lifetimes, now is not the time to go back to a system that allows non-Indians to prey on Native women with impunity. I am grateful that a majority of the Committee members agree.”

As NCAI noted in its written testimony to the Subcommittee on Crime, examination of the tribes’ exercise of jurisdiction over non-Indian domestic violence offenders suggests that it is working as Congress intended—the law has enhanced the ability of tribal governments to combat domestic violence against Native women, while at the same time protecting non-Indians’ rights in impartial, tribal forums. By exercising this jurisdiction, many tribal communities have increased safety and justice for victims who had previously seen little of either.

The Committee also considered an amendment offered by Representative Sheila Jackson Lee that directs the Attorney General and Secretary of the Interior to submit an annual report to Congress on missing and murdered Indian women and provides recommendations for how to improve data collection in this area. The amendment was approved with bipartisan support.

 also informed the Subcommittee of the adoption of a 

 which sets forth five priorities for reauthorization of the Violence Against Women Act in 2019. The five priorities identified by NCAI are all largely addressed by H.R. 1585.

National Native Organizations Unite and Urge the President and Congress to Re-Open the Government

 | On the 20th day of the government shutdown, eight national Native organizations are jointly urging the President and Congress to immediately end the partial government shutdown, which breaks the treaty and trust obligations the federal government owes to tribal nations. The organizations jointly 

 to Congress and the President outlining the wide-ranging impacts of the shutdown on Indian Country.

America’s longstanding, legally-mandated obligations to tribal nations should be honored no matter the political quarrels of the moment. “During this shutdown, Congress and the President are putting the well-being of our tribal nations and our citizens in jeopardy. As governmental leaders, we know that it is simply not an option to stop serving our citizens. On behalf of Indian Country, we urge the President and Congress to do their jobs and reopen the government immediately,” said National Congress of American Indians (NCAI) President Jefferson Keel.

On tribal lands, the federal government assumed the responsibility to provide basic governmental services like health care, public safety, and education as a part of its treaty negotiations with tribal nations. The Bureau of Indian Affairs (BIA) and the Indian Health Service (IHS), the primary agencies responsible for providing these services, either directly or through compact and contracts with tribal governments, are both currently hamstrung by the shutdown. The shutdown has a range of impacts throughout Indian Country:

“Unrelated political battles are abrogating the treaties and agreements signed by our ancestors, curtailing health care programs, and causing our people to suffer. When possible, tribal governments are cutting other services and scraping together scarce dollars to keep health clinics operational, but this is not sustainable. The shutdown is destabilizing Native health delivery and health care provider access; as well as destabilizing Tribal Governments, families, children and individuals. Services will be cut, and loss of life will be the result if this shutdown is not ended soon,” said National Indian Health Board (NIHB) Chief Executive Officer Stacy A. Bohlen.

“Urban Indian Health Programs (UIHPs) are an integral part of the health care delivery system for Native peoples. These UIHPs depend on funding from IHS to provide care to urban Native people. However, when IHS is shutdown, we do not receive critical funding and the detrimental impacts on our patients are immediate and significant. Medical staff layoffs, reduction in health services provided, and clinic closure will follow if funding is not restored,” said National Council on Urban Indian Health (NCUIH) President Maureen Rosette.

“This shutdown jeopardizes the future of thousands of Native students and creates undue immediate hardship for BIE systems to ensure the safety of Native students and support nutrition programs that feed the minds of tomorrow. Creating safe and positive learning environments for our Native children and youth to thrive is a priority for Native communities. The price of this shutdown must not be paid by our children. NIEA urges the President and Congress to re-open the government immediately,” said National Indian Education Association (NIEA) President Robin Butterfield.

“Tribal housing programs rely on federal funding to fulfill the United States’ trust and treaty responsibilities, so a prolonged shutdown will only limit a tribal nation’s ability to provide housing opportunities in their communities. Some programs may shut down entirely until new funding is available, while others may be able to stretch out their dollars by providing minimal services to their members. Many tribal members are unable to attain the dream of homeownership because their Section 184 loan is unable to be closed. With the BIA included in the shutdown, leases cannot be approved for rehabilitation work on homes or title reports for home loans,” said National American Indian Housing Council (NAIHC) Chairman Gary Cooper.

“Native children and families are feeling the effect of the partial government shutdown. Children who are involved in the child welfare system, particularly children in foster care, are significantly impacted. Without funds for the tribal programs that support Native children and families, it is difficult for tribal child welfare workers to ensure that our most vulnerable citizens receive the supports they need outside of our tribal services,” said National Indian Child Welfare Association (NICWA) President Gil Vigil.

“The federal government shutdown puts many of our economic development plans and activities in jeopardy as federal agencies must review and approve permits and other documents before tribal governments can proceed with their planned activities. The effects of delayed or lost economic development opportunities will be felt by tribal governments and their citizens long after the government reopens,” said Self-Governance Communication & Education (SGCE) Chairman W. Ron Allen.

“The government shutdown hurts more than just federal employees- it impacts local economies, small businesses, and the contractors who work tirelessly side by side with federal employees to help federal agencies accomplish the work. We call for an end to the shutdown and would like to see all federal contractors who have been impacted restored in the same manner as federal employees. Small businesses cannot afford to absorb the economic cost and impacts of a government shutdown,” said Kimberly Teehee, President, Native American Contractors Association

Tribal nations are resilient and provide services to around 2 million people; however, we cannot continue to provide for our communities without our federal partners. The long-term effects of this shutdown will ripple throughout our communities for months or even years following the reopening of the government. We urge the President and Congress to end this government stalemate, fulfill their trust and treaty promises to tribal nations, and invest in the future of all Americans.

For more information, contact the following:

Self-Governance Communication & Education Tribal Consortium

WASHINGTON, D.C. | Today, in a 369-47 vote, the U.S. House of Representatives passed the 2018 Farm Bill, which includes a historic number of tribal provisions.

“NCAI applauds the work of the Conference Committee; Senate and House Agriculture Committee leadership Chairman Pat Roberts, Ranking Member Debbie Stabenow, Chairman Mike Conaway, and Ranking Member Collin Peterson; and Senate Committee on Indian Affairs Chairman John Hoeven and Vice Chairman Tom Udall for their tireless commitment to the passage of this bill,” said NCAI President Jefferson Keel. “This legislation recognizes the governmental status of tribal nations and the role tribal growers and producers have in the food systems and resource management practices that affect the daily lives of all Americans. We look forward to President Trump’s swift signing into law of the 2018 Farm Bill.”

The passage of the 2018 Farm Bill in the House comes on the heels of the U.S. Senate passing the bill in an 87-13 vote on Tuesday, which followed the release of the 2018 Farm Bill Conference Report by the House-Senate Conference Committee late on Monday.

Coordinating closely with tribal nations, the Native Farm Bill Coalition, tribal organizations, and other partners, the National Congress of American Indians (NCAI) worked to ensure that the voices of our tribal leaders, citizens, and communities were heard and recognized.

Below is a list of key provisions in the 2018 Farm Bill that will benefit Indian Country:

Expansion of Indian Self-Determination and Education Assistance Act contracting authority (638 authority) to the U.S. Department of Agriculture (USDA) for the Food Distribution Program on Indian Reservations;

Expansion of 638 authority for Tribal Forest Protection Act management activities at USDA and the U.S. Department of the Interior, as well as eligibility for tribal nations to exercise Good Neighbor authority for forest management agreements with USDA and states (both of these measures will help tribal nations prevent wildfires from spreading from federal lands to tribal forest lands);

Establishment of a Tribal Advisory Committee at USDA to identify issues and make recommendations to the Secretary; and

Recognition that the Office of Tribal Relations is an important function of USDA that should be within the Office of the Secretary.

The 2018 Farm Bill will now head to the President for his signature.

For more information about the 2018 Farm Bill Conference Report, read the House and Senate Agriculture Committees’ full press release 

 and the full Farm Bill Conference Report 

For more information about the individual tribal provisions, visit the Native Farm Bill Coalition website 

Founded in 1944, the National Congress of American Indians is the oldest, largest and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of tribal governments and communities, promoting strong tribal-federal government-to-government policies, and promoting a better understanding among the general public regarding American Indian and Alaska Native governments, people and rights. For more information, visit 

NCAI Applauds Congress for Passing Strong 2018 Farm Bill for Indian Country

Statement from the National Indian Child Welfare Association (NICWA), the National Congress of American Indians (NCAI), Native American Rights Fund (NARF), and the Association on American Indian Affairs (AAIA) about the Indian Child Welfare Act (ICWA) judgment stay pending appeal:

“Yesterday’s decision to stay the District Court’s ruling in Brackeen v. Zinke pending appeal to the Fifth Circuit Court of Appeals is welcome news for Indian children and families, especially in states like Texas where efforts already were underway to remove ICWA’s protections. ICWA remains the law of the land and applicable in all 50 states. The critical work between states and tribes to apply the ‘gold standard in child welfare’ by keeping Indian children with their family and community will continue.”

NCAI President Jefferson Keel (Chickasaw Nation of Oklahoma) said:

“The stay granted yesterday by the Fifth Circuit Court of Appeals is a welcome and positive step. It means that no Indian child who encounters the child welfare system in Texas, Indiana and Louisiana during this time should be denied the protections and safeguards afforded them under the Indian Child Welfare Act. NCAI will continue to support the intervening Tribal Nations and the Department of Justice as they fight to protect the best interests of all Indian children across the United States through the Indian Child Welfare Act.”

NARF Staff Attorney Dan Lewerenz (Iowa Tribe of Kansas and Nebraska) said:

“The Fifth Circuit made the right decision. ICWA is not some new, unimplemented statute that can be set aside without repercussions. It is an Act of Congress, 40 years tried and true, that is intricately woven into state and tribal child welfare systems. Its unraveling would have had serious and harmful effects on dozens, if not hundreds, of Native children. We’re glad that the Fifth Circuit recognizes that.”

About the National Indian Child Welfare Association: The National Indian Child Welfare Association works to support the safety, health, and spiritual strength of Native children along the broad continuum of their lives. NICWA promotes building tribal capacity to prevent child abuse and neglect through positive systems change at the state, federal, and tribal level. For more information, visit 

About the National Congress of American Indians: Founded in 1944, the National Congress of American Indians is the oldest, largest and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of tribal governments and communities, promoting strong tribal-federal government-to-government policies, and promoting a better understanding among the general public regarding American Indian and Alaska Native governments, people and rights. For more information, visit 

About the Association on American Indian Affairs: AAIA is the oldest non-profit serving Indian Country protecting sovereignty, preserving culture, educating youth and building capacity. The Association was formed in 1922 to change the destructive path of federal policy from assimilation, termination and allotment, to sovereignty, self-determination and self-sufficiency. Throughout its 96-year history, the Association has provided national advocacy on watershed issues that support sovereignty and culture, while working at the grassroots level with Tribes to support the implementation of programs that improve lives on the ground. For more information, visit 

About the Native American Rights Fund: Since 1971, the Native American Rights Fund (NARF) has provided legal assistance to Indian tribes, organizations, and individuals nationwide who might otherwise have gone without adequate representation. Throughout its history, NARF has impacted tens of thousands of Indian people in its work for more than 250 tribes. NARF has defended the Indian Child Welfare Act (ICWA) for decades, and will continue to do so. For more information, visit 

Joint Statement on the Fifth Circuit Granting the Motion to Stay the District Court’s Decision on the Indian Child Welfare Act—The Gold Standard Remains Applicable in All 50 States

Joint Statement on the United States Department of Justice’s Decision to Defend the Indian Child Welfare Act

—Statement from the National Indian Child Welfare Association (NICWA), the National Congress of American Indians (NCAI), the Native American Rights Fund (NARF), and the Association on American Indian Affairs (AAIA) regarding the United States Department of Justice’s decision to defend the Indian Child Welfare Act.

On Friday, November 30, the United States Department of Justice (DOJ), on behalf of the Departments of Interior and Health and Human Services and their officers, filed a notice of appeal to the U.S. Court of Appeals for the Fifth Circuit, challenging a decision by the U.S. District Court for the Northern District of Texas that found the Indian Child Welfare Act (ICWA) and its regulations were unconstitutional. NICWA, NCAI, NARF, and AAIA applaud the United States’ decision. The Department of Justice joins the four intervenor tribal government defendants—Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, and Quinault Indian Nation—who filed their notice of appeal on November 19.

Sarah Kastelic, executive director of NICWA, had this comment:

“We applaud the Department of Justice for standing up for Native children and families by continuing to vigorously defend ICWA. The Department’s action sends a strong and clear message that tribal nations, as governments, have a role in protecting Native children from abuse and neglect; helping families receive the support services they need; and ensuring children stay connected to their families, culture, and communities.”

“The Department of Justice’s appeal of this egregious decision is consistent with its trust responsibility to tribal nations under the Constitution and Congress’ intent in passing the Indian Child Welfare Act 40 years ago. NCAI stands ready to assist the intervening Tribal Nations and DOJ in any way possible to uphold ICWA as the foundational law that protects the best interests of Native children in state foster care systems.”

“The Native American Rights Fund is glad to see that the United States has joined the Tribal Defendants (Cherokee Nation, Morongo Band of Mission Indians, Oneida Nation, and Quinault Indian Nation) in this appeal,” said NARF staff attorney Dan Lewerenz. “It is shocking that the lower court would so casually set aside an Act of Congress that has been in effect for 40 years, and would rely on such novel reinterpretations of Supreme Court precedent to do so. Congress spent years investigating and drafting the Indian Child Welfare Act, and in doing so conscientiously weighed the constitutional issues at stake. We are glad that the United States will continue to defend the constitutionality of this critical statute, which has helped to preserve so many thousands of Indian families.”

Shannon Keller O’Loughlin, executive director of AAIA, said:

“AAIA membership includes American Indian and Alaska Native peoples as well as members of the public. AAIA’s membership supports the continued and consistent implementation of the Indian Child Welfare Act as the only mandate protecting Indian children and families from the sins and racism inherent in some state institutions and recognizing the inherent sovereignty of Tribes to care for the health, safety, and welfare of Indian families. AAIA is grateful for the United States’ support of its fiduciary obligations to our Indian children and families.”

About the National Indian Child Welfare Association

The National Indian Child Welfare Association works to support the safety, health, and spiritual strength of Native children along the broad continuum of their lives. NICWA promotes building tribal capacity to prevent child abuse and neglect through positive systems change at the state, federal, and tribal level. For more information, visit 

Founded in 1944, the National Congress of American Indians is the oldest, largest and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of tribal governments and communities, promoting strong tribal-federal government-to-government policies, and promoting a better understanding among the general public regarding American Indian and Alaska Native governments, people and rights. For more information, visit 

About the Association on American Indian Affairs:

AAIA is the oldest non-profit serving Indian Country protecting sovereignty, preserving culture, educating youth and building capacity. The Association was formed in 1922 to change the destructive path of federal policy from assimilation, termination and allotment, to sovereignty, self-determination and self-sufficiency. Throughout its 96-year history, the Association has provided national advocacy on watershed issues that support sovereignty and culture, while working at the grassroots level with Tribes to support the implementation of programs that improve lives on the ground. For more information, visit 

Since 1971, the Native American Rights Fund (NARF) has provided legal assistance to Indian tribes, organizations, and individuals nationwide who might otherwise have gone without adequate representation. Throughout its history, NARF has impacted tens of thousands of Indian people in its work for more than 250 tribes. NARF has defended the Indian Child Welfare Act (ICWA) for decades, and will continue to do so. For more information, visit 

Today, the National Congress of American Indians (NCAI) and the Association on American Indian Affairs (AAIA) filed a “friend of the Court” brief supporting the ongoing legal challenge to the Administration’s attempt to diminish most of the Bears Ears National Monument. Five Tribal Nations – the Hopi Tribe, Navajo Nation, Ute Indian Tribe, Ute Mountain Ute Tribe, and Zuni Tribe – filed the lawsuit last year, arguing that 

The NCAI-AAIA brief provides a national perspective on the importance of Bears Ears and the perils of the Administration’s unprecedented move. In particular, they identify specific landmarks, structures, and objects of cultural, historic, and religious importance to tribal nations not otherwise represented in the case, including many Pueblos of New Mexico. According to NCAI and AAIA, all these sites and artifacts – many of which are considered sacred – face significant risk of being forever damaged, lost, or destroyed if the Administration’s action is allowed to stand.

NCAI and AAIA also emphasize the unique role Tribal nations played in creating the Bears Ears National Monument. According to their brief, “Bears Ears is the first national monument protected at the request of Tribes and the first to be collectively managed by…representatives from multiple Tribes.” The Administration, however, has attempted to strip away tribal involvement in the management of Bears Ears at the same time the protections themselves are eliminated.

“NCAI’s brief brings together knowledge and perspectives from a wide variety of tribes – to help the Court understand how important Bears Ears is to thousands of Indian citizens,” NCAI General Counsel Derrick Beetso explained. “We especially appreciate the contributions of the All Pueblo Council of Governors – who represent the 20 Pueblos of New Mexico and Texas – in helping us put together critical new information for the Court’s consideration."

“One of AAIA’s primary initiatives is to advocate for the protection of sacred lands and Native American cultural resources,” according to AAIA Executive Director Shannon Keller O’Loughlin. “Without the designation of Bears Ears as a National Monument where Tribal management is a cornerstone to the Monument’s protection, our sacred Bears Ears will be lost to development – and so will our faith in the government-to-government relationship between Tribal nations and the U.S. government.”

Founded in 1944, the National Congress of American Indians is the oldest, largest and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of tribal governments and communities, promoting strong tribal-federal government-to-government policies, and promoting a better understanding among the general public regarding American Indian and Alaska Native governments, people and rights. For more information, visit

AAIA is the oldest non-profit serving Indian Country protecting sovereignty, preserving culture, educating youth and building capacity. The Association was formed in 1922 to change the destructive path of federal policy from assimilation, termination and allotment, to sovereignty, self-determination and self-sufficiency. Throughout its 96-year history, the Association has provided national advocacy on watershed issues that support sovereignty and culture, while working at the grassroots level with Tribes to support the implementation of programs that improve lives on the ground. For more information, visit

National Native Organizations NCAI and AAIA File Brief Opposing President Trump’s Attempt to Decimate Bears Ears National Monument

A message from NCAI President Jefferson Keel:

Yesterday marked the 100th Anniversary of the World War I Armistice. Leaders from around the globe gathered at the Arc de Triomphe de l'Étoile in Paris, France to honor the men and women who served during World War I.

As we celebrate the lives and honor the sacrifice of our Armed Service Members from across time, I wanted to recognize the 10,000 WWI Native American Service Members who put their lives on the line for a country that had yet to grant Native peoples the rights of U.S. Citizenship. We remember these warriors and their willingness to protect this land and all people who live here and thank them for their service.

Our Native communities have always held our warriors in highest esteem. Our dedication to service stems from our roots in having been protectors of this land for thousands of years.

As NCAI President, I am dedicated to the preservation and expansion of tribal Veterans services. Veterans Day is not just about acknowledging the sacrifice all Veterans have made for our freedom, but also about renewing our commitment to providing for their well-being when they return home which means access to healthcare, housing, and other benefits that Veterans earn for their service. It is our duty to show our continued support and advocacy on behalf of Native Veterans and all who serve.

I call upon all of Indian Country to join me in honoring and expressing gratitude to all Veterans and active duty service members of the United States Armed Forces. Having served more than 20 years in the United States Army, I would like to say welcome home to my brothers and sisters in arms.

NCAI Honors Veterans on a Historic Veterans Day

WASHINGTON, D.C. | Today, the National Congress of American Indians (NCAI) Executive Committee adopted an emergency resolution opposing the nomination of Eric Miller to the U.S. Court of Appeals for the Ninth Circuit. NCAI and the Native American Rights Fund (NARF) had previously sent a joint letter to the Chair and Ranking Member of the U.S. Senate Judiciary Committee expressing their grave concerns about Mr. Miller’s nomination. 

“Our concern is that [Miller] chose to build a law practice on mounting repeated challenges to tribal sovereignty, lands, religious freedom, and the core attribute of federal recognition of tribal existence. His advocacy has focused on undermining the rights of Indian tribes, often taking extreme positions and using pejorative language to denigrate tribal rights. Indeed, his law firm website touts his record, with over half his private practice achievements coming at the expense of tribal governments,” said NCAI and NARF leadership.

Today’s emergency resolution immediately responds to reports that the Senate leadership will proceed with Miller’s nomination hearing during the Congressional recess next week.

“We are gravely concerned that the Committee is planning to consider this nominee at a time when members of Congress are not in D.C. and will not be able to fully examine his record on Indian law issues,” said NCAI President Jefferson Keel. “This is not how a lifetime appointment to a federal court with jurisdiction over 427 federally recognized Indian tribes should be handled.”

Both NCAI and NARF are committed to protecting the rights of tribal governments. For nearly two decades, NCAI and NARF have jointly advocated for the nomination and confirmation of federal judges who, along with their commitment to uphold the Constitution, are committed to the principles of tribal sovereignty, treaty rights, and the federal trust responsibility enshrined within it. Mr. Miller’s record reflects hostility toward tribal sovereignty, treaty rights, and the federal trust responsibility, or their role in the Constitution and federal law.

Read the full NCAI Resolution #DEN-18-042 here along with the joint letter NCAI and NARF sent to the Senate Committee on the Judiciary on August 21, 2018 on questions and concerns regarding Eric Miller’s nomination.

Founded in 1944, the National Congress of American Indians is the oldest, largest and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of tribal governments and communities, promoting strong tribal-federal government-to-government policies, and promoting a better understanding among the general public regarding American Indian and Alaska Native governments, people and rights. For more information, visit www.ncai.org.

Since 1970, the Native American Rights Fund (NARF) has provided legal assistance to Indian tribes, organizations, and individuals nationwide who might otherwise have gone without adequate representation. Throughout its history, NARF has impacted tens of thousands of Indian people in its work for more than 250 tribes. NARF has defended the Indian Child Welfare Act (ICWA) for decades, and will continue to do so. For more information, visit 

National Congress of American Indians and Native American Rights Fund Oppose the Nomination of Eric Miller to the U.S. Court of Appeals for the Ninth Circuit

—In a decision published by the United States District Court for the Northern District of Texas, the Indian Child Welfare Act (ICWA) was declared unconstitutional, jeopardizing the landmark legislation protecting tribal children.

This egregious decision ignores the direct federal government-to-government relationship and decades upon decades of precedent that have upheld tribal sovereignty and the rights of Indian children and families. Through 40 years of implementation, ICWA’s goal is to promote family stability and integrity. It continues to be the gold standard in child welfare policy.

While this disturbing ruling is a pivotal moment for Indian Country, we vehemently reject any opinion that separates Native children from their families and will continue to fight to uphold ICWA and tribal sovereignty.

About the National Indian Child Welfare Association:


The National Indian Child Welfare Association works to support the safety, health, and spiritual strength of Native children along the broad continuum of their lives. NICWA promotes building tribal capacity to prevent child abuse and neglect through positive systems change at the state, federal, and tribal level. For more information, visit 


Founded in 1944, the National Congress of American Indians is the oldest, largest and most representative American Indian and Alaska Native organization in the country. NCAI advocates on behalf of tribal governments and communities, promoting strong tribal-federal government-to-government policies, and promoting a better understanding among the general public regarding American Indian and Alaska Native governments, people and rights. For more information, visit 


AAIA is the oldest non-profit serving Indian Country protecting sovereignty, preserving culture, educating youth and building capacity. The Association was formed in 1922 to change the destructive path of federal policy from assimilation, termination and allotment, to sovereignty, self-determination and self- sufficiency. Throughout its 96-year history, the Association has provided national advocacy on watershed issues that support sovereignty and culture, while working at the grassroots level with Tribes to support the implementation of programs that improve lives on the ground. For more information, visit 


Since 1971, the Native American Rights Fund (NARF) has provided legal assistance to Indian tribes, organizations, and individuals nationwide who might otherwise have gone without adequate representation. Throughout its history, NARF has impacted tens of thousands of Indian people in its work for more than 250 tribes. NARF has defended the Indian Child Welfare Act (ICWA) for decades, and will continue to do so. For more information, visit 

OFFICIAL STATEMENT: Joint Statement on Indian Child Welfare Case Brackeen v. Zinke Ruling

 | The National Congress of American Indians disagrees strongly with the Department of the Interior’s recently announced decision affecting the tribal homelands of the Mashpee Wampanoag Tribe.

In the decision, the Department (DOI) failed to consider the 

 of the Tribe’s evidence in determining whether or not the Tribe was “under the jurisdiction” of the Federal Government in 1934. Instead, the Tribe was unfairly expected to prove that each 

 submitted piece of evidence on its own proved that the Tribe was under federal jurisdiction, rather than viewing the collective evidence presented by the Tribe and then making a determination based on all of the assembled facts.

DOI rendered this unfounded decision despite the fact the Tribe presented evidence that Mashpee Wampanoag children, enrollees of the federal Carlisle Indian School in Pennsylvania, were subjected to the most repugnant policies toward Indians during that era – the forced removal of Native children from their tribal homes so they could be stripped of their cultures and languages. The Tribe also presented evidence that the Office of Indian Affairs considered the Tribe in several large policy discussions, including whether to remove certain groups of Indians from their reservations. In addition, the Tribe provided evidence that a United States (U.S.) Attorney represented the Tribe’s interests in court, but DOI suggested that the Tribe needed to show the actual authorization from the Federal Government enabling the U.S. Attorney to take the case, or some other comparable indicia that a U.S. Attorney was acting on behalf of the Federal Government other than his title at the time he provided the Tribe his services.

Furthermore, the Tribe presented evidence that its lands and people were included in various federal reports documenting Indian tribes at various points in history. However, the decision rejects this clear evidence of federal jurisdiction by inexplicably claiming that these federal reports – in some cases commissioned by Congress – somehow do not constitute “exercises” of federal jurisdiction. DOI also failed to mention the plenary authority exercised by the Federal Government over Indian tribes (as that term is used in the Constitution), much less applicable canons of construction, both of which should have been material factors in making this momentous decision.

This decision severely restricts the Mashpee Wampanoag Tribe’s sovereignty and its ability to exercise meaningful self-governance. In addition, the Tribe’s reservation is now threatened with disestablishment. The Tribe is effectively stripped of important “reliance interests” that will affect the social service programs it provides to its citizens, as well as the economic development ventures (including gaming) that the Tribe relies on to support critical tribal government functions and provide job opportunities to its people.

NCAI is extremely disappointed in this decision, as it reflects the obvious failure of the Federal Government to uphold its trust responsibility to Indian tribes. NCAI demands an immediate response from the Department as to whether this decision indicates that the Administration’s current land policy towards Indian tribes is one of “how to get to no.”

NCAI Objects to the Department of the Interior’s Decision on the Mashpee Wampanoag Tribe and Questions What It Means to the Future of Indian Country

“The National Congress of American Indians gives honor to the life of Senator John McCain and celebrates the time we had with him as a tireless champion for Indian Country and tribal sovereignty. The Senator dedicated many years to Indian Country," said Keel. "Serving as longtime member and former Chairman of the Senate Committee on Indian Affairs, he met frequently with tribal leaders on the Hill, in their community, and at our gatherings. In his last speech at NCAI Senator McCain said, 'We must listen more to you, and get out of the way of tribal authority.' As we close out the day, we extend our sincere condolences with the family of Senator John McCain.”

NCAI President Jefferson Keel Honors Senator John McCain

 — Today, nine leading national civil rights and racial justice organizations formally announced their joint opposition to the Washington National Football League (NFL) team locating its new stadium in the District of Columbia unless the team agrees to drop the 

 the team’s continued use of this offensive mascot, felt compelled to speak out now given the team is actively exploring potential stadium sites across the Washington, D.C. metropolitan area.

“In 2018, no other people of color must confront the harm and ridicule levied by a sports team whose name refers to the color of their skin,” 

Derrick Johnson, President and CEO of the

, stated. “It is long past time that the NFL and its Washington franchise throw this 

 racial slur into the dustbin of history, where it belongs.”

“The need to recognize and respect the humanity of all of our fellow Americans is more critical than ever to the future of our nation. The prospect that our nation’s capital would once again be adorned with this derogatory term runs counter to that ideal,” said 

Kathy Ko Chin, President and CEO of the Asian & Pacific Islander American Health Forum.

The coalition takes particular exception with 

 to locate the new stadium on the site of the team’s former home, Robert F. Kennedy (RFK) Memorial Stadium. That stadium’s namesake was an ardent champion of equality for communities of color, notably 

. Events DC, the city’s official convention and sports authority, is planning a 

 at the site that will serve “as a place of remembrance and a place of teaching and practicing the civil rights and equality ideals Robert F. Kennedy championed.”

“We applaud Events DC’s decision to honor Robert Kennedy’s legacy of racial justice in this place in this way. The Washington NFL team and its symbol of racial injustice should be no part of it,” said 

Janet Murguía, President and CEO of UnidosUS.

“The R-word is the moral equivalent of the N-word,” said 

Marc H. Morial, President and CEO of the National Urban League.

 “It packs the same level of bigotry and insensitivity for Native Americans as any other racial slur. We cannot tolerate the NFL’s continued commitment to normalizing this demeaning characterization of Native Americans. The success of the Washington football franchise does not depend on the name of its team, but rather the talent of its players and leadership. The NFL must abandon its tone-deaf culture as it relates to people of color and change the hurtful name of this team.” 

“We thank our racial equity colleagues for locking arms in solidarity with Indian Country as we grow this decades-long 

 to eradicate offensive Native-themed mascots from the sports landscape once and for all. We call on D.C. Mayor Muriel Bowser and the D.C. City Council to stand firm in its 

 to the team relocating to the District as long as it retains its current name and mascot,” stated 

Jacqueline Pata, Executive Director of the National Congress of American Indians.

 “We also welcome other organizations, governments, corporations, 

, and everyday Americans to likewise choose to stand on the right side of history.”

Advancement Project, Asian & Pacific Islander American Health Forum, Demos, Faith in Action, National Association for the Advancement of Colored People, National Congress of American Indians, National Urban League, Race Forward, and UnidosUS are a collaborative of nine leading national racial equity anchor organizations (the Anchors) supported by the W.K. Kellogg Foundation. Together, we work to promote racial equity, advance racial healing, and ensure that all children, families, and communities have opportunities to reach their full potential

Leading National Civil Rights and Racial Justice Organizations Announce Joint Opposition to Washington NFL Team Locating New Stadium in District of Columbia

WASHINGTON, DC | Today, the Senate Committee on Indian Affairs (SCIA) announced the unanimous confirmation of Tara Mac Lean Sweeney as the Assistant Secretary for Indian Affairs at the Department of the Interior. The National Congress of American Indians applauds the swift confirmation of Ms. Sweeney following the SCIA vote to move the nomination to the full U.S. Senate earlier this month. The Office of the Assistant Secretary—Indian Affairs is a key office in the fiduciary responsibility of the federal government to American Indian and Alaska Native tribes. Congratulations to Ms. Sweeney on her confirmation, and we look forward to working together with the Assistant Secretary as she transitions into office.

U.S. Senate Confirms Tara Mac Lean Sweeney as Assistant Secretary for Indian Affairs

WASHINGTON, D.C. | The House Appropriations Committee adopted an amendment offered by Representatives Betty McCollum (D—MN) and Tom Cole (R—OK) that would support tribal victim services programs. The amendment was adopted by voice vote with overwhelming bi-partisan support.

“We greatly appreciate Congresswoman McCollum and Congressman Cole’s leadership and advocacy to ensure that crime victims on tribal lands have access to the healing and justice they need,” said Jefferson Keel, President of the National Congress of American Indians (NCAI).

Despite federal and tribal government efforts to reduce violence on Indian lands, reservations continue to face staggering rates of violent crime and victimization. A recent Department of Justice (DOJ) study found that more than four in five American Indian and Alaska Native adults have experienced some form of violence in their lifetime. Among American Indian and Alaska Native women, 55.5 percent have experienced physical violence by intimate partners in their lifetime, and more than half at 56.1 percent have experienced sexual violence. DOJ also found that Native victims are more likely to be injured as a result of their violent victimization, more likely to need services, and are significantly less likely to have access to services compared to their non-Native counterparts.

The McCollum-Cole Amendment is an amendment to the FY19 Commerce, Justice, Science Appropriations (CJS) bill. Without this amendment, the bill would have cut tribal funding from the Crime Victims Fund. The Crime Victims Fund is the primary federal source for crime victim services and tribal governments have largely been shut out of that funding. Tribal funding was included for the first time in the FY18 Omnibus appropriations bill. The bill taken up in the House yesterday includes $2.6 billion in outlays from the Crime Victims Fund, the McCollum-Cole amendment directs 5 percent of that funding to tribal governments.

With its adoption by the House Appropriations Committee yesterday, NCAI hopes that similar language will be included in the Senate bill, thereby strengthening the ability of tribal governments to build sustainable crime victim services programs in their communities. The Senate has announced that it will be marking up its version of the FY 19 Commerce, Justice, Science Appropriations Bill during the week of June 11.



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