NABS celebrates landmark fourth circuit decision

MINNEAPOLIS, MN — The National Native American Boarding School Healing Coalition (NABS) celebrates the Fourth Circuit Court of Appeals’ historic ruling affirming that the Native American Graves Protection and Repatriation Act (NAGPRA) applies to the remains of Native children buried at the Carlisle Indian Industrial School cemetery.

The decision marks a major victory for Tribal sovereignty, truth, healing, and the rights of Tribal Nations to bring their children home.

The case, brought by the Winnebago Tribe of Nebraska, sought the repatriation of the remains of Samuel Gilbert and Edward Hensley, two Winnebago boys who were taken from their homelands and sent to Carlisle in the late 1800s, where they later died.

For years, the U.S. Army argued that NAGPRA did not apply to the children buried at Carlisle Cemetery.

The Fourth Circuit rejected that interpretation and affirmed that federal agencies must comply with NAGPRA obligations regarding the repatriation of Native children’s remains.

“This ruling is a powerful affirmation that Native children belong with their families, communities, and Nations, not in federal custody more than a century after their deaths,” said NABS Board President, Benjamin Barnes (Shawnee).

“The Fourth Circuit’s decision recognizes what Tribal Nations have long known: that NAGPRA was intended to protect Native ancestors and ensure their return home with dignity and respect.” Carlisle Indian Industrial School, founded in 1879, became the model for the federal Indian boarding school system that separated Native children from their families, languages, cultures, and communities.

Hundreds of Native children died while attending Carlisle, and many remain buried far from home. NABS recognizes the Winnebago Tribe of Nebraska, the Native American Rights Fund, Cultural Heritage Partners, and all advocates and survivors who fought tirelessly to achieve this outcome. The ruling represents an important step toward accountability for the harms of the federal Indian boarding school era and toward healing for Tribal communities impacted by generations of forced assimilation policies.

“This decision extends beyond one case,” said NABS Board President, Benjamin Barnes. “It establishes a precedent that Tribal Nations have enforceable rights under federal law to reclaim their relatives and protect the sanctity of Native ancestors.”

“We hope this ruling accelerates repatriation efforts for all Native children still held at former boarding school sites across the country.”

NABS remains committed to supporting Tribal Nations, survivors, descendants, and communities in ongoing efforts to uncover the truth about the federal Indian boarding school system, secure justice for Native families, and ensure every child is brought home.

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