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BBC News

the majority, said congress did not exceed its authority, when passing the indian child welfare act, which was passed, in hopes of protecting native culture. stay with us here on bbc news. hello, there. the last day of the working week promises to be another largely fine, dry and settled one for most of us, but we are looking at some changes taking place to our weather, all because of this area of low pressure, sitting out in the atlantic, very slowly edging towards our shores. it's going to continue to destabilise the atmosphere across western areas, so, through the morning, we'll see a bit of cloud here, certainly across the southwest, cornwall and devon, into wales, northern ireland. some western parts of england could start to see some showers developing. some of these could be heavy and thundery, but the vast majority of scotland, central and eastern england, another dry, sunny one. warmer along the east coast, along north sea coasts, and we could be up to around 27 or 28 degrees. as we head through friday night, it looks like those showers, thunderstorms,

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The Culture Is Indigenous Women

that family separation at the border, this government perfected it a very long time ago on native americans. that generational trauma is one of the biggest reasons why our community struggled with so many different issues. it's not because we wake up and we choose to have issues with substance abuse, mental health. this is really a result of the very violent and horrifying things that happened in boarding schools. >> with indian child welfare act and protecting our youth, it's so they can grow up in households where they continue to learn about their culture. >> i was lucky to grow up with the northern plains and the southern plans of the committee called jurors. that's where my grandmother judicious, tell me about. this was like to be in border school? it was a difficult conversation for my grandmother. she told me, when i was in boarding school, a lot of my friends didn't make it. a lot of my tribal people didn't make. it she told me that her grandparents, she would risk her safety every sunday because that was the day when the church people retired. they had all their services and

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The Culture Is Indigenous Women

thank goodness for secretary colin, this would have never come to light. it's probably one of the most profound things that's ever done to our people. when they came in and remove children from their families, they put them into these institutions that were run largely by churches. they weren't allowed to speak language. they were before, they were sexually assaulted. they faced mental and physical abuse. many thousands of children never made at home. >> can you share how that relates to why the welfare act is so important, protecting -- >> once the boarding schools shut, all the, sudden the white folks and the adoption industry start coming for our kids. there are no rights and protections. so, it was 1978. the indian child welfare act was passed to protect our children. if a child cannot live in their home, they first and foremost to go to a family member. a member of their nation. and now it's looking at there's a very good chance that the supreme court might dismantle the welfare act. once again, they are coming for our children. when they talk about children in cages at the border, the way

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The Mehdi Hasan Show

everything else could go with it. what's the risk here? >> it takes a couple steps to understand but basically the plaintiffs say that icwa discriminated against them based on race because they are non native any treated them differently than it would have if they had been native foster parents. another important side note is that nominated foster parents behind this lawsuit actually -- custody. there is a whole host of federal laws that tree tribe and tribal citizens differently, not based on race but based on our political status. it goes back to our treaty relationship with the u.s. federal government. just like i'm a citizen of the united states, a resident of oklahoma, certain laws apply to me. certain laws apply to me because i'm a citizen of a cherokee nation. i literally, since the founding of the republic, congress has been passing laws that applies to tribes and tribal citizens. the fear is that icwa is discrimination, but what about

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The Mehdi Hasan Show

about civil rights? or is it truly about the return of the dark legacy of colonialism? >> that's a big question. i think at its core this is about tribal sovereignty. via plaintiffs are making some really broad arguments and that it was discriminating against them, discriminated against them based on race. at its core, it threaten the structure of federal indian law. that's what makes this lawsuit so scary is that if the supreme court rules in favor of the -- it could call into question the legal foundation protecting the rights of indigenous nations in this country. >> let's talk about the worst-case scenario. you know, let's talk about it's disappearing in the gutting of a gala. i mention this because you wrote in the atlantic, you said, i fear that the bracket in a lawsuit is the first in a row of dominoes. if the court strikes down icwa,

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The Mehdi Hasan Show

will mark native american history month by kicking off its annual tribal nations summit. representatives from tribes across the country will meet with imagination officials to discuss the important issues facing their communities. the senate comes as many within those communities are anxious in watching the supreme court reviews breaking v holland, the case that challenges the indian child welfare act. tribal leaders argue that striking down the law would jeopardize the well-being of thousands of indigenous children while threatening the very notion of native american sovereignty. here to discuss is rebecca, the chair -- cherokee writer, author, and host of crooked medias this land podcast. thank you so much for having me. >> i want to start with the basics. really grounding us in the importance and significance of the indian child welfare act. why congress enacted this over four decades ago. can we start there? >> absolutely. when it was passed in the late

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Velshi

late spring or early summer. >> earlier this month he wrote in the atlantic, quote, i feel that the brackeen lawsuit is the first in a row of dominoes. if the court struck down icwa, everything else could soon go with. it neil gorsuch, one of the court's conservative justices, seem to agree with that concern with the argument that we made last. week saying the other laws related to health care and many other civil liberties would become vulnerable if icwa was overturned. a lot of non native viewers will not really register about the things that people living on native nations enjoy today that could fall, and why that could be detrimental to somebody like you. >> absolutely. gershengorn i like you said in that quote go to a health care clinic to get my health. care we have laws where we have land rights. we pass environmental regulations. there is a lot that tribes it's trouble governments and tribal citizens do because we are part

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Velshi

based on race, then what of the clinic where i get my health care that serves only trouble? citizens if icwa discriminates against non native foster parents what are the -- medulla them to operate were non native casino earners can't? what group in the 90s as their own police forces and lands as tribes to. the possible shift is around. nicole the treats trumps and trouble citizens as differ from non native citizens, since the founding of the republic. if that is unconstitutional the entire legal structure protecting the donations could crumble. -- osha the practice this land on crooked media. rebecca, thank you for joining. us we tried our best to explain this, but for people who are not exposed to, this everything i have just said for the last seven minutes or so sounds foreign. for our nominee to viewers who do not understand but really want to understand why this is such a big deal, can you try to

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Velshi

welfare act. they argue that icwa violates their constitutional rights and at least four different ways. one of the arguments is so encroaching that it could not only overturn icwa but up and the way of life for millions of americans who live on tribal land. the non-native plaintiffs say the law discriminates against them based on the race. after a quick break, i will explain why that very arguments could dissolve the ability for native tribes to govern themselves. and it icwa goes down, the native land rights, border rights, and health care could go down with it. go down with it. [buzz] you can always spot a first timer. gain flings with oxi boost and febreze. ♪♪ choosing miracle-ear was a great decision. like when i decided to host family movie nights. miracle-ear made it easy. i just booked an appointment and a certified hearing care professional evaluated my hearing loss and helped me find the right device calibrated to my unique hearing needs.

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Velshi

keep native children with native families. it is kind of a guardrails to make sure that those systemic removals that happen generation before snow top in again. there are some states that have a state version of icwa, but it will be kind of like abortion. if it falls. it will depend on where the native family lives, and whether they have those protections. >> like roe, if it falls it falls under state jurisdiction. why would it be like that? >> because a lot of child welfare experts have recognized that icwa is a best practice, a lot of states actually -- the irony of texas saying that it violates what states rights is that there were 23 states who say that aqua was -- with this lawsuit. and many states have basically adopted icwa into the child welfare policies. what we go away would be the federal. lob and we should have a decision from the supreme by

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