Assembly of First Nations National Chief Cindy Woodhouse Nepinak has confirmed that at least one First Nations person had a negative encounter recently with ICE, and that the person has since returned to Canada.Adrian Wyld/The Canadian Press
Indigenous leaders, the federal government and advocacy groups on both sides of the Canada-U.S. border are warning that heightened enforcement measures in the United States could mean that Indigenous people may not have certain rights recognized.
Ottawa is urging Indigenous people to carry a passport in addition to their secure status card.
The federal government updated its travel advice last week. Previously, the government website said First Nations people could “freely” enter the United States for the purposes of employment, study, retirement, investing or immigration provided they show an Indian status card.
The website now says First Nations people “may” be able to cross the Canada-U.S. border by land or water with their Secure Certificate of Indian Status, also known as a secure status card.
The website says acceptance of all status cards is “entirely at the discretion of U.S. officials.” Status cards and machine-readable secure status cards aren’t accepted travel documents for air travel, it says.
Ottawa updates advice for First Nations people crossing U.S. border
Last month, the Assembly of First Nations issued a travel warning on social media condemning the “increased questioning and detainment by U.S. Immigration and Customs Enforcement (ICE)” of First Nations citizens.
The advocacy organization for more than 600 First Nations in Canada said it “reaffirms First Nations’ inherent and Jay Treaty rights to cross-border mobility.”
The Jay Treaty of 1794 – which Canada does not recognize but the United States does – allows First Nations people born in Canada to freely enter the United States.
AFN National Chief Cindy Woodhouse Nepinak has confirmed that at least one First Nations person had a negative encounter recently with ICE, and that the person has since returned to Canada.
The case prompted the advocacy body to issue a statement warning First Nations members to make sure they have the right documentation and identification when crossing the border.
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U.S. customs and border protection spokesperson Jessica Turner told The Globe and Mail in an e-mail statement that “under U.S. law, certain American Indians born in Canada have the right to freely enter the United States if they can prove they have at least 50% American Indian blood.”
Indigenous people who wish to exercise their rights under this legislation are required to provide proof of Indigenous identity and Canadian citizenship with documentation including a Canadian passport, birth certificate, or citizenship card along with an Indian status card and letter of blood quantum from a recognized First Nation or band.
Ms. Turner said both citizenship and blood quantum have to be clearly documented or border officers can ask for more documentation.
Additionally, she said that failing to provide any of the required proof of documentation means individuals will be “subject to the regular immigration rules under Title II of the Immigration and Nationality Act.”
Lawyer Sara Mainville, of JFK Law in Toronto who specializes in Indigenous rights issues, said it’s important to make sure the required documentation is clearly outlined.
“The most helpful advice we can give is, basically, answer the questions, show your identification, have your passport on you, and that should be the end of it,” Ms. Mainville said.
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However, she worries that ICE officers aren’t trained to be trauma-informed and that increased questioning by authorities could be triggering for individuals.
“The lack of empathy that these ICE agents have,” she said, “they escalate rather than de-escalate those situations.”
Other Indigenous groups have issued their own warnings.
Mississauga First Nation advised its members against crossing the border, citing ICE’s recent detention of Indigenous people. Three Oglala Sioux Tribe members were detained at a homeless encampment by ICE agents in Minnesota earlier this year.
Six Nations of the Grand River, near Hamilton, and Garden River First Nation, near Sault Ste. Marie, Ont., have issued similar warnings.
The Navajo Nation in the United States said in an online statement last month that it was working to secure more funding from the Bureau of Indian Affairs in the U.S. to ensure that its half-million members across the country had current tribal identification cards.
It said the urgent need for identification was “prompted by increased Immigration and Customs Enforcement activity in Phoenix and other urban areas.”