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      Why is the right suddenly interested in Native American adoption law? | Nick Estes

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      OpinionUS politicsWhy is the US right suddenly interested in Native American adoption law?Nick EstesA 1978 law tried to remedy adoption practices created to forcibly assimilate Native children. Now conservative lawyers are arguing that the law constitutes ‘reverse racism’ Mon 23 Aug 2021 06.23 EDTLast modified on Mon 23 Aug 2021 12.05 EDTGeorge Armstrong Custer of the Seventh Cavalry was infamous during the 19th-century Indian wars for riding into the enemy camp, holding Native women, children and elders hostage at gunpoint, and forcing the surrender of the tribe. He systematically attacked and captured civilians to crush Indigenous resistance, which is partly how he defeated the Cheyenne at the Battle of Washita River in 1868. Cheyenne, Lakota and Arapaho warriors later killed Custer as he fled after trying the same hostage-taking ploy at the Battle of Greasy Grass in 1876.Attacking non-combatants, especially children, to enable the conquest of land by destroying the family, and therefore Indigenous nations, wasn’t unique to Custer or the US military.There’s a reason why “forcibly transferring children” from one group to another is an international legal definition of genocide. Taking children has been one strategy for terrorizing Native families for centuries, from the mass removal of Native children from their communities into boarding schools to their widespread adoption and fostering out to mostly white families. It’s what led to the passage of the Indian Child Welfare Act (ICWA) of 1978, touchstone legislation that aimed to reverse more than a century of state-sponsored family separation.Yet the spirit of Custer still haunts the fate of Native children even today. The fight has shifted from battlefield to courtroom.In the new season of the This Land podcast premiering this Monday, Cherokee journalist Rebecca Nagle shows how corporate lawyers and rightwing thinktanks like the Cato Institute have teamed up with non-Native families to not only dismantle the ICWA but the entire legal structure protecting Native rights. And so far, they’ve made small but important victories.Last April, an appeals court upheld parts of a federal district court decision, in a case called Brackeen v Haaland, that found parts of ICWA “unconstitutional”. The non-Indian plaintiffs contend that federal protections to keep Native children with Native families constitute illegal racial discrimination, and that ICWA’s federal standards “commandeer” state courts and agencies for a federal agenda. Put plainly, the mostly white families wanting to foster and adopt Native children are claiming reverse racism and arguing that federal overreach is trampling states’ rights – two codewords frequently associated with dismantling anti-racist policies.According to this upside-down logic, ICWA – monumental legislation consciously designed to undo genocidal, racist policy – is racist because it prevents mostly non-Indians from adopting Native children. The thinking is as old as the “civilizing” mission of colonialism – saving brown children from brown parents.Native child welfare in practice, however, is quite different, and, as Nagle shows in story after heartbreaking story, it very often works against the interests of Native children and families and in favor of families like the plaintiffs in Brackeen.Court records show that two of the three non-Indian families in Brackeen have successfully fostered or adopted Native children despite ICWA protections and with tribes agreeing to the adoption. But they still claim discrimination.A mountain of evidence suggests that Native families, particularly poor ones, are the real victims.In two studies from 1969 to 1974, the Association on American Indian Affairs found that 25-35% of all Native children had been separated from the families and placed in foster homes or adoptive homes or institutions. Ninety percent were placed in non-Indian homes.ICWA aimed to reverse this trend. Today, Native children are four times more likely to be removed from their families than white children are from theirs. And according to a 2020 study, in many states Native family separation has surpassed rates prior to ICWA. This is mostly due to states ignoring or flouting ICWA requirements.A common cause for removal is “neglect”, a form of abuse and a highly skewed claim especially when the Native families most targeted are poor. Failure to pay rent, for example, can result in eviction and homelessness and the placement of a child in state foster care system because of unstable living conditions. Some state statutes may provide up to several thousands of dollars a child per month to foster parents, depending on the number of children in their care and a child’s special needs.Why doesn’t that money go towards keeping families together by providing homes instead of tearing them apart?And there’s the dark side of foster care.Much like the boarding school system which preceded it, foster care is rife with stories of sexual and physical abuse, neglect and forced assimilation into dominant, white culture. To say nothing of the lifelong trauma of being torn from one’s family and nation during the formative years of childhood.So why are corporate law firms like Gibson Dunn – which has represented Walmart, Amazon, Chevron and Shell and is a former employer of the far-right Arkansas senator Tom Cotton – showing up at custody battles to square off with poor Native families and tribes? Are they really interested in the welfare of Native children?It’s foolish to think Custer had the best interests of Native children in mind when he captured them at gunpoint to slaughter and imprison their parents or that the Indian boarding school system, which disappeared thousands of children and raped, tortured, and traumatized countless more, was about “education”.Powerful conservative forces want to bring Brackeen v Haaland to the supreme court not just to overturn the ICWA but to gut Native tribes’ federal protections and rights. Like their counterparts the anti-critical race crusaders, anti-ICWA advocates use the language of “equality” to target Native nations. The collective tyranny of the tribe, the thinking goes, violates the rights of the individual.It’s the libertarian spin on the genocidal logic of Richard Henry Pratt’s nineteenth century maxim to justify child removal: “Kill the Indian, save the man.” The “Indian” is the tribal consciousness; the collective rights of a nation and its sovereignty must be weakened or destroyed to gain access to its lands and resources.Without the tribe, there is no Indian. When there is no Indian, there’s no one to claim the land.White congressmen from western states used the same reasoning to terminate tribes in the 1950s, making the argument that the collective rights of tribes shouldn’t trump individual rights of US citizens. The results were catastrophic. The legal abolition of dozens of tribes led to the privatization of their lands for the benefit of white settlers and businesses.Indigenous people are trying to drag the people of this land into the twentieth-first century by advocating for the protection of healthy water and land, the very elements necessary for all life, a true universal aspiration for a future on a livable planet that benefits everyone. And Native journalists like Rebecca Nagle reveal how nefarious corporate interests are trying to undermine that project by attacking the most precious among us – our children.
      Nick Estes is a citizen of the Lower Brule Sioux Tribe. He is a journalist, historian, and host of The Red Nation Podcast. He is the author of Our History Is the Future: Standing Rock Versus the Dakota Access Pipeline, and the Long Tradition of Indigenous Resistance (Verso, 2019)
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      US to investigate ‘unspoken traumas’ of Native American boarding schools

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      The US government will investigate the troubled legacy of Native American boarding schools and work to “uncover the truth about the loss of human life and the lasting consequences” of the institutions, which over the decades forced hundreds of thousands of children from their families and communities.The US interior secretary, Deb Haaland, has directed the department to prepare a report detailing available historical records relating to the federal boarding school programs, with an emphasis on cemeteries or potential burial sites.“The interior department will address the inter-generational impact of Indian boarding schools to shed light on the unspoken traumas of the past, no matter how hard it will be,” Haaland said in a secretarial memo. “I know that this process will be long and difficult. I know that this process will be painful. It won’t undo the heartbreak and loss we feel. But only by acknowledging the past can we work toward a future that we’re all proud to embrace.”Haaland announced the review on Tuesday in remarks to the National Congress of American Indians during the group’s midyear conference.Starting with the Indian Civilization Act of 1819, the US enacted laws and policies to establish and support Indian boarding schools across the country. For more than 150 years, Indigenous children were taken from their communities and forced into boarding schools that focused on assimilation.Haaland talked about the federal government’s attempt to wipe out tribal identity, language and culture and how that past has continued to manifest itself through long-standing trauma, cycles of violence and abuse, premature deaths, mental disorders and substance abuse.The recent discovery of children’s remains buried at the site of what was once Canada’s largest Indigenous residential school has magnified interest in that legacy in Canada and the US.In Canada, more than 150,000 First Nations children were required to attend state-funded Christian schools as part of a program to assimilate them into society. They were forced to convert to Christianity and were not allowed to speak their languages. Many were beaten and verbally abused, and up to 6,000 are said to have died.After reading about the unmarked graves in Canada, Haaland recounted her own family’s story in a recent opinion piece published by the Washington Post.“Many Americans may be alarmed to learn that the United States has a history of taking Native children from their families in an effort to eradicate our culture and erase us as a people,” she wrote. “It is a history that we must learn from if our country is to heal from this tragic era.”She continued: “I am a product of these horrific assimilation policies. My maternal grandparents were stolen from their families when they were only eight years old and were forced to live away from their parents, culture and communities until they were 13. Many children like them never made it back home.”Haaland cited statistics from the National Native American Boarding School Healing Coalition, which reported that by 1926, more than 80% of Indigenous school-age children were attending boarding schools that were run either by the federal government or religious organizations. Besides providing resources and raising awareness, the coalition has been working to compile additional research on US boarding schools and deaths that many say is sorely lacking.Officials with the interior department said aside from trying to shed more light on the loss of life at the boarding schools, they would be working to protect burial sites associated with the schools and would consult with tribes on how best to do that while respecting families and communities.The report from agency staff is due by 1 April.During her address on Tuesday, Haaland told the story of her grandmother being loaded on a train with other children from her village and being shipped off to boarding school. She said many families had been haunted for too long by the “dark history” of these institutions and that the agency has a responsibility to recover that history.“We must uncover the truth about the loss of human life and the lasting consequences of these schools,” she said. More

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      Colleen Echohawk aims to be Seattle's first indigenous mayor: ‘We have to find ways to change’

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      Colleen Echohawk, a Native American woman and key advocate in Seattle’s homelessness crisis, is running for mayor of the Pacific north-west city and laying the groundwork for it to potentially elect its first indigenous mayor.Echohawk, an enrolled member of the Kithehaki Band of the Pawnee Nation and a member of the Upper Athabascan people of Mentasta Lake, is a progressive Democrat, but one, she said, “with strong roots in pragmatism”.Her success in the race would be truly distinctive. It would mean the city that over 150 years ago approved an ordinance expelling the Native community, would be run by an Indigenous woman.As the founder of the Coalition to End Urban Indigenous Homelessness, she said she launched her campaign after recognizing over the summer that the city needed to do much more to help its homeless population amid the Covid-19 pandemic.“The status quo has been failing a lot of people in this city and we have to find ways to change, we need a fresh face up there in city hall and a prudent person who can make decisive visionary decisions because this is really a once in a generational chance,” said Echohawk, speaking to the Guardian from her campaign headquarters in the basement of her house.Echohawk is not Coast Salish, but she has lived in Seattle for 24 years. And before she announced her candidacy, she said she called the leaders of a few of the region’s tribes – Muckleshoot Indian Tribe, Suquamish Tribe and Tulalip Tribes – to let them know she was considering a run.“This is their territory and I will continue to lift them up in every way that I possibly can,” said Echohawk, who since 2013 has been the executive director of the Chief Seattle Club, a non-profit aimed at supporting the city’s Native American and Alaska Native residents, through food, housing assistance and healthcare.Echohawk is one of only a few people who has announced her candidacy after Jenny Durkan, Seattle’s mayor, revealed she would not seek a second term. But others are expected to join the race before the May filing deadline.Addressing homelessness, which has been at crisis-levels in Seattle for years, will be a key focus for Echohawk. She said she will look to ramp up affordable housing and permanent supportive housing. But she also hopes to employ more innovative ideas, while bringing together people of color, some of whom have been pushed out of the city because of soaring prices, to help develop alternative affordable housing solutions.The city’s police system is another important issue for Echohawk. At a time of nationwide reckoning over police violence and as some in the local community are calling to defund the police department altogether, she said she was prepared to start reimagining law enforcement in Seattle.She explained she has seen some great officers in the city. But added: “I’ve also seen some who have been completely brutal to some of my relatives out there experiencing homelessness. That means we have to have accountability, true accountability.”A revamp would probably involve removing some funds from the agency, and establishing a public safety department filled with mental health workers and neighborhood liaisons who could address mental health and homelessness issues. It would also mean taking law enforcement out of homeless encampment outreach.“A person who’s experiencing homelessness already has so much trauma and pain going on and then all of a sudden they’re expected to interact and try to get services from a uniformed police officer? It’s just not effective,” she said.Echohawk would also like to create an elder leadership group that, if she’s elected, she would be able to meet with every couple of weeks in an effort to receive feedback on her ideas.“That’s the traditional value that I’ll bring that other mayors might not bring because I’ve been taught to value and listen to elders and to hear from their wisdom,” she said.Echohawk’s own ancestors have been on her mind a lot since making the decision to run. She’s descended from the Pawnee people, who saw their numbers violently and dramatically reduced in the face of white expansion in the 19th century.“They suffered and they worked so hard so that I could be doing this work that I am right now,” she said. “And I hope that they’re really proud of me. I feel that they’re proud of me. I feel them with me.”This article was amended on 3 February 2021 to clarify that Echohawk is executive director, not founder, of Chief Seattle Club. More

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      Biden must be our 'climate president'. He can start by ending pipeline projects | Faith Spotted Eagle and Kendall Mackey

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      As we prepare to turn the page on 2020, and inaugurate Joe Biden as president on 20 January 2021, the incoming administration has a climate mandate to listen to people across America – and keep fossil fuels in the ground. This means stopping the Keystone XL, Dakota Access and Line 3 pipelines on day one.While Trump props up failing fossil fuel companies, including through government handouts from Covid-19 stimulus packages to the tune of $15bn, Biden has already committed to transitioning the United States off oil, holding polluters accountable, honoring treaty rights and stopping the Keystone XL pipeline.In August, Joe Biden laid out his $2tn climate plan, which has the support of Indigenous peoples and their allies, Black communities and environmental voters. Biden’s climate plan is the most ambitious plan of a major party presidential nominee ever. To be the most ambitious climate president ever, Biden must implement a climate test on all federal permitting and projects, to ensure any project not aligned with tackling the climate crisis and keeping warming under 1.5 degrees does not move forward. A meaningful climate test must keep fossil fuels in the ground.Just last week, Biden announced the New Mexico congresswoman Deb Haaland as his nominee for US secretary of the interior. Haaland is a member of the Pueblo Laguna tribe; if confirmed she will be the first Native person to serve in the role. We hope her leadership will help protect our public lands and Indigenous sovereignty as we phase out fossil fuels.As we write, communities across Minnesota are rising up to protect land, water and treaty rights as Line 3 pipeline construction begins and lawsuits are filed in opposition. Meanwhile, communities in South Dakota are mobilizing to pressure Biden to rescind the permit for Keystone XL and end the project once and for all.If built, Line 3 would release as much greenhouse gas pollution as 50 new coal-fired power plants, violate Ojibwe treaty rights, and put Minnesota’s water, ecosystems and communities in harm’s way. Keystone XL would have a similarly devastating impact on water, land, people and the Oceti Sakowin tribes’ treaty and inherent rights.Both pipeline projects have blatantly refused meaningful consultation with the tribes impacted. This is glaringly disrespectful to grassroots dedication in territories that have stood up to this invasion for years, as well as a denial of the irreversible impact these pipelines will have on cultural and spiritual sites.Projects like Line 3 and Keystone XL are also directly linked to violence against and trafficking of Native women and girls, due to the installation of temporary housing for mostly male pipeline workers, known as “man camps”. These man camps are also a hotbed for Covid-19, drawing thousands of out-of-state workers. South Dakota is at a crisis point with Covid-19 cases, yet the threat of Keystone XL construction looms.There is increasing anticipation of violence from militarized police partnered with Enbridge, the Canadian pipeline company backing Line 3, triggering memories of violence against water protectors and allies in the fight to halt the Dakota Access Pipeline (DAPL).In the shadow of centuries of genocide and erasure of Indigenous peoples, Barack Obama halted DAPL and rejected Keystone XL. Now, Biden has a chance to build upon this legacy and stop Line 3, Keystone XL and DAPL.Stopping these pipelines is completely within Joe Biden’s purview and responsibility. Through executive action, Biden can order an immediate pause on oil pipeline construction, and a moratorium on any new projects or expansions, as he reviews Trump-era approvals for conflict or undue influence from the fossil fuel industry. Biden must also reverse over 100 environmental and climate protection rollbacks brought on by the Trump administration.But to be a true climate president, Biden must go further. Just as pipelines will inevitably spill, any new or existing fossil fuel project would inevitably fail a climate test. There is no safe or clean way to extract, transport, or refine coal, oil or gas without poisoning our communities and driving us past 1.5C of warming. In addition, the construction, transport and burning of fossil fuels have grave impacts on public health and safety, including premature death, lung cancer and increased rates of Covid-19.From the Keystone XL Promise to Protect to the Line 3 Pledge of Resistance, tens of thousands of people are prepared to wield our sacred and patriotic duty to stop these toxic and unnecessary fossil fuel projects. In addition, thousands of people have already sent petitions to Joe Biden urging him to halt these projects.It’s time to make polluters pay for the damages done to our communities’ health, land and wellbeing. This starts with stopping fossil fuel projects and returning land to Indigenous peoples. Ultimately, we must dismantle existing projects and fund a just and equitable transition to a regenerative 100% renewable economy.The stakes are higher than ever – economically, socially and politically. Biden must show guts in holding coal, oil and gas executives accountable for knowingly bringing climate disasters, pollution, sickness and death to our doorsteps.It’s our time to leap toward a renewable energy revolution that centers Indigenous sovereignty, community health, and a safe, livable future for all.Faith Spotted Eagle is a Yankton Sioux Tribe member, an opponent of pipeline projects including Keystone XL and the Dakota Access Pipeline, and the first Indigenous person to win an electoral vote for president
      Kendall Mackey is 350.org regional campaign manager More

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      ‘Timing is critical’: Native Americans warn virus may overwhelm underfunded health services

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      Health services officials are urging the US government to distribute already-designated funding, but it’s blocked by red tape Native American health leaders are urging the US government to distribute urgently needed equipment and funding to help contain the spread of coronavirus among tribal members, amid mounting concerns that the pandemic could overwhelm chronically underresourced tribal […] More