ICWA Laws- The Pros & Cons: Will we have a Future?

Kiara Cano

Ohkay Owingeh

Fig. 1. Cano, Kiara, “Silly Me”, 12 Oct 2012.

Fig. 2. Ohkay Owingeh – the Place of the Strong People. ohkay.org.

Fig. 3. Cano, Kiara, “Senior Pictures”, 23 Jan 2026.

Identity

Fig. 4. Cano, Kiara “Family Wedding”, 27 Sep 2025.

"Sharing One Community"

By: Jeannette Armstrong

In "Sharing One Skin," Jeannette Armstrong explains the Okanagan belief is that people, animals, land, and water are all collected like one body. This teaches us that our actions affect everyone and everything around us. This view teaches that harming oneself, while caring for others and the land sustains the whole. It emphasizes collective responsibility, respect, and balance.

Armstrong, Jeannette. "Sharing One Skin: Okanagan Community." The Case Against the Global Economy: And for a Turn Toward the local, edited by Jerry Mander and Edward Goldsmith, Sierra Club books, 1996, pp. 460-470.

"How place names impact the way we see landscape"

By: B. Toastie

This article explores how place names, especially those given by colonizers, shape our perception of landscapes. Lots of stories and relationships are embedded in Indigenous names. Tohe and Cash Cash emphasize that Indigenous names carry community memory and a respectful bond to the land, which are erased by colonial labels that perpetuate trauma. Indigenous place names hold stories, teachings, and respect for the environment, while colonial names erase these connections. This shows that language has the power to either strengthen or weaken our relationship with the land. It also reveals how renaming places improve important cultural and historical meaning.

Oaster B. Toastie. "How Place Names Impact The Way We See Landscape" High Country News, 1 May 2022

Fig. 5. Cano, Kiara, “Princeton University”, 14 June 2024.

Fig. 6. Cano, Kiara “Personal Photo”, 24 Oct 2025.

"And then I went to school"

By: Joe Suina

Joe Suina describes his first experience going to a government run school at six years old. He was forced to leave behind his pueblo culture and language. Teachers demanded he only speak English and discouraged his Native identity, which left him confused. At times, he felt very alone. Overtime, he did learn the "white man's way", but still kept in touch with his roots.This story shows how school can sometimes feel like a place that takes away parts of who you are.

Suina, Joe. "And then I went to School." Rethinking schools, vol. 5, no. 4, Summer 1991, https://rethinkingschools.org/articles/and-then-i-went-to-school. Accessed 10. Sept. 2025

history

Fig 7. "How can child welfare systems apply the principles of the Indian Child Welfare Act as the “gold standard” for all children?" 01 April 2021. Casey.org.

Indian Child Welfare Act (1978)

Political, Government & Court Documents

These are the court documents that explain how Congress passed ICWA in 1978 in order to address the widespread removal of Native American children from their families and communities. It outlines the law core objectives, preserving their cultural identity and heritage, and supporting the stability of Indian tribes and families. It also highlights the ways ICWA achieves these goals, by giving tribal authority in child custody proceedings.

"Indian Child Welfare Act (1978)." The American Mosaic: The American Indian Experience, ABC-CLIO, 2025. Accessed 19 Oct. 2025

Indian Child Welfare Act

The U.S. government sought to assimilate Native American Child through boarding schools and adoption programs that separated them from their families and culture. In 1958, the BIA and the Child Welfare league of American created a program to increase the adoption of Native Children by white people without consent, leading to widespread trauma and loss of cultural identity. Around the same time, the Mormon Indians student placement program, placed thousands of Natives with Mormon families, converting them to their faith.

Ewen, Alexander, and Jeffrey Wollock. "Indian Child Welfare Act." Encyclopedia of the American Indian in the Twentieth Century, Facts on File, 2014. Accessed. 19. Oct 2025.

Fig. 8. Cano, Kiara, "Dartmouth College", 25 Oct 2025.

Fig. 9. Cano, Kiara, “ Pumpkin Patch,” 25 Oct 2025.

Indian Child Welfare Act

By: Jessica McIntyre

This article explains how the U.S. government once removed large numbers of Native Children from their homes, placing them in non-native foster and adoptive families in an effort to erase their culture. The author describes how this practice led to cultural loss and community trauma, which caused ICWA to be created. The law set federal standards for the placement of Native children, while also granting tribes the right to intervene in custody cases involving their children.

McIntyre, Jessica, Indian Child Welfare Act. 12 Oct. 2014. Accessed 19. Oct. 2025

current state of the issue

Fig. 10. Pecos, Regis, “ US Department of Interior,” 17 Jun 2024.

Brackeen Headed to the U.S. Supreme Court

Haaland v. Brackeen (2023) was one of the most important Supreme Court cases involving the ICWA. Its outcome reaffirmed ICWA’s constitutionality and strengthened tribal sovereignty and protections for tribal children. Haaland v. Brackeen upheld ICWA as fully constitutional. The Supreme Court rejected all major challenges brought against the law. The Court confirmed that ICWA does not violate states’ rights, does not exceed Congress’s authority over Indian affairs, and does not discriminate on the basis of race. ICWA remains federal law and continues to apply in all states. The decision also reaffirmed tribal sovereignty. The Court emphasized that tribes are political sovereigns, not racial groups, which protects the legal foundation of ICWA’s placement preferences and tribal authority. This ruling reinforces the principle that tribes have a recognized political relationship with the federal government, which is essential for all areas of federal Indian law, including child welfare. Overall, it represented a major victory for tribal children, families, and sovereign nations. It preserved the rights of Native children to remain connected to their families, culture, and tribal communities. It also reinforced the federal government’s trust responsibility and the authority of tribes in child welfare matters. The case is widely seen as one of the most significant legal affirmations of ICWA since its passage in 1978.

"Indian Child Welfare Act (Haaland v. Brackeen)." Native American Rights Fund. 15 June 2023. narf cases. Accessed 11 Dec. 2025.

Fig. 11. Cano, Kiara “Davis Scholarship”, 30 April 2026.

Grandparent Caregivers and the Safety Net

Around 1 million children in the U.S. live with a grandparent caregiver. While caring for a grandchild can come with benefits, including a sense of purpose, an opportunity to pass on cultural heritage, and companionship, it may also come with challenges. Many grandparent caregiver families rely on safety net programs for cash assistance, nutrition assistance, and health insurance, but they face unique barriers to accessing and navigating these benefits. About half of grandparent caregivers are too young to retire, and others postpone their retirement plans due to the financial pressures of caregiving. Moreover, some may choose to come out of retirement to support their grandchildren’s needs. The U.S. government has a long history of attempts to forcibly assimilate AI/AN children, which included unnecessary removals from their homes and communities. The ICWA was enacted to counter these practices, setting minimum federal standards to protect AI/AN children in the child welfare system and strive to keep them connected to their families and cultures.

Elizabeth Link, Tara Watson, et al. “Grandparent Caregivers and the Safety Net.” Brookings, 3 Sept. 2025, www.brookings.edu/articles/grandparent-caregivers-and-the-safety-net/. Accessed 11 Dec. 2025.

global connections

Fig. 12. Cano, Kiara "Book club," 21 April 2026.

The ongoing removal of Aboriginal children from their families of origin in Australia

Between 1910 & the 1970s, the government, churches and welfare agencies forcibly removed many Aboriginal children from their families. These removals were driven by assimilation policies aimed at absorbing Aboriginal people into white society. Children were placed in institutions, foster care, or adopted into non-Indigenous families. They were denied contact with their cultures and communities, often had their names changed, were forbidden from speaking First Nations languages, and were taught to reject their heritage. Many suffered harsh treatment, sexual abuse, and were falsely told their families were dead or had abandoned them. There was a formal apology delivered but despite the acknowledgment, other reasons are still causing Aboriginal people to have their children removed at alarming rates. These children were made to feel ashamed of their heritage, which led to a loss of cultural identity and connection to land and culture.

Braga, Arianna. "The ongoing removal of Aboriginal Children from their families of Origin in Australia." Humanium, 5 Dec. 2025, Accessed 23, Feb. 2026.

Fig. 13. Cano, Kiara “My sisters”, 12 Dec 2025.

How Today’s Immigration Enforcement Policies Impact Children, Families, and Communities

WIth Trump being in office, there have been tons of deportation happening. There have been more than 11 million unauthorized immigrants living in the country. Ripple effects split families and entire communities apart. With deportations, it forces children into foster care because their parents are shipped out of the country. Many families struggle to provide food on the table or basic resources. In just one year, the number of people ICE is detaining has shot up by over 75%. US born children with immigrant parents are also deprived of the benefits of US citizenship such as access to health care and insurance. While US citizen children are eligible for social service benefits, research shows that undocumented parents under use the services available to their children due to their fears of disclosing their legal status in the application process.

How Today's Immigration Enforcement Policies Impact Children, families, and communities, Center for American Progress 02 August. Accessed 27 Feb. 2026.

Fig. 14. Cano, Kiara “Phlebotomy clinicals”, 20 Mar 2026.

The Disproportionate Removal of Inuit Children from Their Mothers in Denmark

The disproportionate removal from Inuit children from their mothers is a critical human rights issue stemming from a colonial legacy of forced assimilation. This systemic problem manifests in both historical "social experiments" and modern day welfare practices that disproportionately target Greenlandic families living in Denmark. These children were forbidden from speaking their native language and were placed in foster homes or orphanages. This article Investigates the ongoing struggle of Greenlandic families in Denmark to regain custody of their children, who were removed from their care based on controversial "parenting competency tests". These tests are aimed at mothers. The treatment of Inuit mothers demonstrates that gendered and cultural discrimination persists even in nations that pride themselves on equality and human rights.

"A colonial Legacy- The disproportionate Removal of Inuit Children from their Mothers in Denmark. Safi. Accessed 11. Mar. 2026

Action plans

Fig. 15. Cano, Kiara, “ Flyer,” 6 Nov 2025.

Fall 2025: Action Plan 1- Learning about ICWA

For my action plan, I invited Julie Bird, who is the President of the Tribal Welfare Consortium. When she and I were collaborating, she thought it would be a good idea for me to present my slides. She wanted to showcase my work too. I decided to present my history timeline slides so that the audience can get a better understanding of this law. Julie spoke about ICWA and the type of work she does. The purpose of my action plan was to bring to light what the Indian Child Welfare Act is.

Fig. 16. Cano, Kiara, “Action Plan,” 6 Nov 2025.

Fig. 17. Cano, Kiara, “Laughter & Pizza,” 6 Nov 2025.

Fig. 18. Cano, Kiara, “Laughter & Pizza,” 6 Nov 2025.

Fig. 19. Cano, Kiara, “Action Plan,” 9 Mar 2026.

spring 2026: action plan 2- Student panel

My second action plan, I collaborated with Aislihn O’Leary, where we hosted a panel with 2 guest speakers. We invited Julie Bird and Dana Chavez. we decided to do a panel where we created open ended questions to ask the guest speakers. We created questions that were focused on ICWA, foster care, and their personal feedback on how communities can improve their social services. There were many students and staff that attended.

Fig. 20. Cano, Kiara, “SHP Action Plan,” 9 Mar 2026.

Fig. 21. Cano, Kiara, “SHP Action Plan,” 9 Mar 2026.

My hero

Fig. 22. Aguino, Tabitha, “Airport day,” 27 Mar 2026.

Tabitha aguino

My aunt, Tabitha Aguino, comes from the Pueblo of Ohkay Owingeh. She is a well known and respected person in my community. She took on the role of helping my grandparents raise my sisters and I.
Core Value: Giving Back

My auntie was taught to give back throughout her life. She is constantly giving back to our community, family, and friends, without expecting anything in return.

“You can always leave and explore the world; home will always be here.”

Fig. 23. Cano, Kiara, “Matching tattoos,” 17 Aug 2025.

Citations

Photo Citations

-Fig. 1. Cano, Kiara, “Silly Me”, 12 Oct 2012. -Fig. 2. Ohkay Owingeh – the Place of the Strong People. ohkay.org. -Fig. 3. Cano, Kiara, “Senior Pictures”, 23 Jan 2026. -Fig. 4. Cano, Kiara “Family Wedding”, 27 Sep 2025. -Fig. 5. Cano, Kiara, “Princeton University”, 14 June 2024. -Fig. 6. Cano, Kiara “Personal Photo”, 24 Oct 2025. -Fig 7. "How can child welfare systems apply the principles of the Indian Child Welfare Act as the “gold standard” for all children?" 01 April 2021. Casey.org. -Fig. 8. Cano, Kiara, "Dartmouth College", 25 Oct 2025. -Fig. 9. Cano, Kiara, “ Pumpkin Patch,” 25 Oct 2025. -Fig. 10. Pecos, Regis, “ US Department of Interior,” 17 Jun 2024. -Fig. 11. Cano, Kiara “Davis Scholarship”, 30 April 2026. -Fig. 12. Cano, Kiara "Book club," 21 April 2026. -Fig. 13. Cano, Kiara “My sisters”, 12 Dec 2025. -Fig. 14. Cano, Kiara “Phlebotomy clinicals”, 20 Mar 2026. -Fig. 15. Cano, Kiara, “ Flyer,” 6 Nov 2025. -Fig. 16. Cano, Kiara, “Action Plan,” 6 Nov 2025. -Fig. 17. Cano, Kiara, “Laughter & Pizza,” 6 Nov 2025. -Fig. 18. Cano, Kiara, “Laughter & Pizza,” 6 Nov 2025. -Fig. 19. Cano, Kiara, “Action Plan,” 9 Mar 2026. -Fig. 20. Cano, Kiara, “SHP Action Plan,” 9 Mar 2026. -Fig. 21. Cano, Kiara, “SHP Action Plan,” 9 Mar 2026. -Fig. 22. Aguino, Tabitha, “Airport day,” 27 Mar 2026. -Fig. 23. Cano, Kiara, “Matching tattoos,” 17 Aug 2025.

research log Citations