Jenny Patten Magallanes Quoted by Law360 on Indian Child Welfare Act as a “Case To Watch” in 2022

January 3, 2022

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For its article “Native American Cases To Watch In 2022,” Law360 quoted Akin Gump public law and policy counsel Jenny Patten Magallanes on a 5th Circuit en banc ruling on the Indian Child Welfare Act (ICWA) that reversed a Texas federal judge’s ruling that the ICWA is illegally race based.

According to the article, the April 2021 decision provided wins for some supporters of the law but also for some states targeting it.

Patten Magallanes, a member of the San Carlos Apache Tribe, characterized the ruling as “really all over the place,” with numerous splits on issues among judges.

She added, “Indian Country is worried about the future, and what will come with respect to the political classification and status of tribes, and what it means for [U.S. Code] Title 25 generally and protecting their children.”

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