The Canadian government recently updated a travel advisory for First Nations people crossing the border into the United States that followed a similar warning a couple of weeks ago from Canada’s largest Indigenous organization, the Assembly of First Nations.
Until now, a treaty, more than 200 years old, allowed First Nations members to "freely" enter the U.S, but that might no longer be the case.
The advisory from Ottawa is that First Nations people begin carrying their Canadian passport when entering the U.S. This comes after American Immigration and Customs Enforcement officers recently detained some Indigenous people in Minnesota.
Canadian Harley Minakis, from the Gwich’in First Nation, was taken aside by U.S. border agents when he returned from Costa Rica and stopped over in Houston.
"I shouldn’t have an issue" he said. "I have my Indian Status Card. I have my tribal card. But I still had to prove to them blood quantum."
Blood quantum is a controversial colonial policy, from the late 1800s that defined Indigenous people based on the amount of so-called "Indian blood" they have. It was brought in by the U.S. to restrict tribal citizenship and land rights. But under the Jay Treaty of 1794, Indigenous people can travel freely across the border to work, study or live.
"It was enacted before the creation of the U.S.-Canadian border," said immigration lawyer Len Saunders. "And what it provides for is, basically, the free passage of what they call American Indians, born in Canada, so First Nations, to enter the United States with really no restrictions."
But the Canadian government website has been changed from First Nations freely entering the U.S. to now read: "may be able to cross the border."
"You may be able to cross the Canada-U.S. border by land or water with your Secure Certificate of Indian Status (SCIS), also known as a secure status card. However, the acceptance of all status cards is entirely at the discretion of U.S. officials."Travel guidance from the Government of Canada
Jessica Keeshig-Martin is the acting chief of the Chippewas of Nawash First Nation and has a theory on why the changes might have taken place.
"Because Indigenous people have a certain color to their skin, they’re being targeted by the United States of America Immigration Customs Enforcement," she said.
Many Native leaders are confused by the change.
"We are Anishinaabe Dakota," said Jerry Daniels, grand chief of the Southern Chiefs' Organization. "We are nations that really straddle the American-Canadian border. We’re Americans in that respect. It is important to put history into context and where we are today. It needs to be recognized that Indigenous nations are have the right to be on both sides of the border."
But Indigenous studies professor Niigaan Sinclair says most immigration agents wouldn’t know about Indigenous status.
"It’s one of those case in which they’re just not trained properly," he said "And so what you are left with is a lot of incompetency, a lot of ignorance. And it’s probably better just to carry ID that they’ll understand."
The Assembly of First Nations said it’s received reports of some First Nations members being subjected to questioning and detention.
The Canadian Department of Global Affairs said it’s aware of multiple cases of Canadians currently or previously in immigration-related detention in the U.S., but it doesn’t specify how many, if any, are Indigenous. It’s urging First Nations members to carry a valid passport along with any other travel documents previously used.
