First Nations travellers have ‘inherent right’ to cross border, group says

The Jay Treaty Border Alliance says it’s disappointed in Canada’s updated travel advisory urging First Nations people to carry a passport when entering the United States

An advocacy group comprised of Indigenous governments in Canada and the United States is taking issue with Canada’s latest travel advisory for First Nations people crossing the border.

The federal government is now urging First Nations people to carry a passport in addition to a status card when crossing the border by land or water, according to an updated travel advisory for the U.S. that appeared last week. 

In a news release, the Jay Treaty Border Alliance expressed “profound disappointment” with Canada’s latest travel advisory, while going on to state that the inherent right of First Nations to cross the Canada-U.S. border — using identification affirming their Indigenous identity, as recognized under the Jay Treaty of 1794 — is “paramount.”

“Guidance advising the use of Canadian passports undermines this right and stands in stark contrast to the principle of First Nations’ self-determination,” the JTBA said in its release. 

The Government of Canada website now says that acceptance of all status cards is “entirely at the discretion of U.S. officials,” while reiterating that status cards and secure status cards aren’t accepted travel documents for air travel. 

When crossing the Canada-U.S. border, First Nations travellers are strongly urged to carry a valid passport and use a valid machine-readable secure status card, the website says. 

The Assembly of First Nations, a national organization representing 634 First Nations across Canada, has also taken issue with the updated travel advisory. 

In a statement last week, AFN National Chief Cindy Woodhouse Nepinak said Canada’s updated travel advisory is “directly counter” to the inherent right of First Nations people to cross the border into the U.S. under the Jay Treaty.

Woodhouse Nepinak added that the right under the treaty recognizes that First Nations moved freely through their traditional territories for “ceremony, for trade, for harvesting and for family.”

“That right must be recognized and upheld by governments on both sides of the border, which was not our making,” said Woodhouse Nepinak. 

“We support the position of the Jay Treaty Border Alliance that advising the use of Canadian passports undermines our inherent right and the principle of self-determination.

“We call on Canada to work with First Nations and particularly the Jay Treaty Border Alliance to resolve border crossing issues with the United States in a manner that respects the nation-to-nation relationship and our inherent and treaty rights.”

Concerns over Indigenous Peoples in Canada entering the U.S. have ramped up in recent weeks, amid reports that a First Nations man was detained by U.S. Immigration and Customs Enforcement and later sent back to Canada. 

The man’s certificate of Indian status was seized by ICE, according to those same reports.  

In a statement, Indigenous Services Canada said it has been made aware that some people have recently reported the confiscation, or damage, of status cards in the U.S. It said the department can issue emergency status cards, and will expedite requests from people who have been affected. 

Both Batchewana and Garden River First Nations issued travel advisories in late January, joining several First Nations and Indigenous organizations recommending extra precautions due to ICE-related activity.  

“Reports confirm that Indigenous travellers are being subjected to increased questioning, heightened scrutiny, and in some cases detention by ICE, even where individuals are legally entitled to enter or remain in the United States,” Batchewana said in its advisory. 

“These incidents appear to involve racial profiling and the unjust targeting of Indigenous Peoples. These developments are deeply concerning and undermine long-standing Indigenous rights, dignity, and freedom of movement.”

Batchewana advised band members to ensure all identification is up to date, to carry their status cards when crossing the border, and to “strongly consider” travelling with a valid Canadian passport. 

– with files from Greg McGrath-Goudie and The Canadian Press