The National Native American Boarding School Healing Coalition (NABS) is celebrating a landmark federal court ruling that affirms the Native American Graves Protection and Repatriation Act (NAGPRA) applies to Native children buried at the former Carlisle Indian Industrial School cemetery.
In a decision hailed as a major victory for Tribal sovereignty and Native families, the Fourth Circuit Court of Appeals ruled that federal agencies must comply with NAGPRA in cases involving the repatriation of Native children buried at Carlisle.
The case was brought by the Winnebago Tribe of Nebraska, which sought the return of the remains of Samuel Gilbert and Edward Hensley, two Winnebago boys who were taken from their homelands and sent to the Carlisle Indian Industrial School in the late 1800s, where they later died.
For years, the U.S. Army argued that NAGPRA did not apply to children buried at Carlisle Cemetery. The Fourth Circuit rejected that interpretation, clearing the way for continued repatriation efforts involving Native children buried at former federal Indian boarding school sites.
“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. “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.”
Founded in 1879, the Carlisle Indian Industrial School became the model for the federal Indian boarding school system, which separated Native children from their families, languages, and cultures. Hundreds of Native children died while attending the school, and many remain buried far from their Tribal homelands.
NABS also recognized the efforts of the Winnebago Tribe of Nebraska, the Native American Rights Fund, Cultural Heritage Partners, survivors, and advocates who helped secure the ruling.
“This decision extends beyond one case,” Barnes said. “It establishes a precedent that Tribal Nations have enforceable rights under federal law to reclaim their relatives and protect the sanctity of Native ancestors.”
