05/29/2026
A federal appeals court has ruled that Native children buried at the Carlisle Indian Industrial School cemetery must be returned to their tribal nations under federal law.
The decision came after the Winnebago Tribe of Nebraska challenged the U.S. Army’s position that it could rely on its own policies rather than the Native American Graves Protection and Repatriation Act (NAGPRA).
The Fourth Circuit Court of Appeals determined that NAGPRA applies to the Army-controlled cemetery, clearing the way for the return of Native children to their communities in a culturally appropriate manner.
The case involved two Winnebago boys, Samuel Gilbert and Edward Hensley, who died while attending the Carlisle Indian Industrial School in the 1890s.
Founded in 1879, Carlisle was the first federal off-reservation Indian boarding school in the United States. More than 10,000 Native children attended the school, where they were separated from their families, languages, and cultures. More than 180 children died during the school’s operation.
The ruling also strengthens ongoing repatriation efforts. The U.S. Army has announced plans to disinter and return additional children to tribal nations and Alaska Native families beginning later this year.
For many Indigenous families, bringing children home is not only a legal issue—it is an act of healing, dignity, and cultural responsibility.
Do you believe efforts to return Native children from boarding school cemeteries should continue until every family has the opportunity to bring their relatives home?
Sources:
• U.S. Fourth Circuit Court of Appeals
• Native American Graves Protection and Repatriation Act (NAGPRA)
• Office of Army Cemeteries
• Winnebago Tribe of Nebraska
• Associated Press
