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U.S. NEWS Thursday 23 January 2020
Court takes another look at

Native American adoption law

By KEVIN McGILL helped her and her three applied, one telling Grant,
NEW ORLEANS (AP) — siblings get adopted by "You're dis-empowering
Federal appellate judges a Native American family states from conducting
closely questioned attor- after her mother's suicide their own domestic affairs,
neys for the government when she was 11. in terms of adoption, child
and Native American tribes "Because I grew up in a custody and regulation of
Wednesday over whether Yaqui home, and knowing family affairs."
a law meant to preserve our culture and tradition, I The earlier court opinion by
Native American families was elected to be in tribal Judge James Dennis up-
and culture unconstitu- leadership," said Alvarez, a held the law's supporters
tionally intrudes into state member of the tribal coun- who said the U.S. Supreme Rosa Soto Alvarez, of Tucson,, holds a flag of the Pascua Yaqui
adoption issues. cil. Court has long recognized Tribe as she and other Native Americans stand outside the fed-
It was the second time in a The legal arguments fo- that Congress has broad eral appeals court in New Orleans, Wednesday, Jan. 22, 2020.
year that the 5th U.S. Circuit cused on questions of race, power to regulate Native Associated Press
Court of Appeals was con- tribal sovereignty and con- American tribes. That opin-
sidering the future of the stitutional limits on the fed- ion said the act's definition tribes who became mem- Indiana and Texas — are
1978 Indian Child Welfare eral government. of Indian child is not based bers after they were freed, also plaintiffs in the case
Act. A three-judge panel of U.S. Interior Department solely on race because "un- or the descendants of ad- challenging the law. Twen-
the appellate court upheld Attorney Eric Grant said der some tribal member- opted white persons." ty-six states and the District
the act in August in a 2-1 Congress passed the law ship laws, eligibility extends It was unclear when the full of Columbia have filed a
ruling. after finding that adoption to children without Indian court would issue an opin- brief supporting the law, al-
Opponents of the law — in- standards at the state level blood, such as the descen- ion. though they do not have a
cluding non-native families were resulting in the break- dants of former slaves of Three states — Louisiana, direct role in the case.q
who have tried to adopt up of American Indian fam-
American Indian children ilies. Paul Spruhan, arguing
— sought and got a full for the Navajo Nation, said
court re-hearing. Sixteen the ICWA "fulfills the federal
judges heard the latest ar- government's treaty obli-
guments. gations with tribal nations."
Aside from strictly legal is- Both were closely ques-
sues, the case sparks strong tioned by various judges
emotions. Matthew McGill, about how an act of Con-
representing families chal- gress can overcome state
lenging the law, told the laws regarding domestic
court that one set of would- matters, especially those
be adoptive parents had that touch on the lives of
a child "pried out of their non-Native Americans,
arms because she was not such as the plaintiffs.
an Indian." Grant cited the Constitu-
Outside the courthouse, tion's "supremacy clause,"
Rosa Soto Alvarez, of Tus- which gives certain federal
con, Arizona, held onto the laws priority over state laws.
flag of the Pascua Yaqui Several judges were un-
tribe. She said the ICWA convinced that the clause

City suspends Miami

police captain who

claimed to be black

By ADRIANA GOMEZ LICON ments Ortiz made at a city
Associated Press commission meeting last
MIAMI (AP) — The city of week. On Wednesday,
Miami on Wednesday sus- Miami police spokesman
pended a Hispanic police Michael Vega said Ortiz
captain who was strongly had been relieved of duty
condemned after he pub- pending an investigation.
licly claimed he was black Vega did not specify the
when fighting accusations time frame or the basis of
that he has derided black the investigation.
people. At the Friday meeting,
The Miami Dade Branch members of Miami's black
of the NAACP had called police association voiced
for Police Capt. Javier Or- complaints about discrimi-
tiz's resignation earlier this nation within the depart-
week, saying it was deeply ment, mentioning the cap-
concerned by the com- tain by name.q