Critics complain that ICWA is a race-based statute that improperly limits the options of Indian children based on their race. But no matter how you look at it, that’s just wrong. First, Indian status is not “racial” but rather “political” as a matter of law. The closest analogy to the Cherokee Nation is not a racial group like African Americans or Latinos, but rather a government like the state of Oklahoma, albeit a government that is unique because of its culture and history.
Read the full article at the Cato Unbound website.