Berkeley Talks

In Berkeley Talks episode 192, Sarah Deer, a citizen of the Muscogee (Creek) Nation of Oklahoma and a University Distinguished Professor at the University of Kansas, discusses the Indian Child Welfare Act (ICWA), a federal law passed in 1978 that aims to keep Native children in their families and communities. She also talks about the recent Supreme Court decision in Brackeen v. Haaland, which upheld ICWA, and explores the future of ICWA. “I want to begin by just talking about why ICWA was passed, and it has to do with a very tragic history in the United States of removing children from Native homes,” said Deer, chief justice for the Prairie Island Indian Community Court of Appeals, at a UC Berkeley event in December 2023. “This issue really became a profound harm to Native people during the boarding school era, in which the policy of the federal government was to remove children from their Native homes and send them to boarding schools, sometimes thousands of miles away. At these boarding schools, t