Federal judge strikes down student aid documentation policy

UTICA, N.Y. — A federal judge in New York has struck down a U.S. Department of Education policy requiring certain Native American students born in Canada to provide federal immigration documentation to establish their eligibility for federal student aid.

U.S. District Judge Anthony Brindisi ruled Monday that the department exceeded its authority under the Higher Education Act and failed to adequately explain why it reversed a longstanding policy for students whose legal status is tied to the Jay Treaty of 1794.

The ruling stems from a lawsuit brought by three members of the Saint Regis Mohawk Tribe: Mercedes Rourke-Rodriguez, Ari-wiio Swamp and Jayla Thompson.

At the center of the case is a treaty signed more than 230 years ago.

The Jay Treaty recognized the right of American Indians born in Canada to freely cross the U.S.-Canada border. Congress later codified protections for qualifying American Indians born in Canada in federal immigration law. Under federal regulations, those who meet the requirements are regarded as having been lawfully admitted for permanent residence.

That means qualifying individuals do not have to obtain a green card to establish lawful permanent residence.

“Congress has never removed the right of American Indians born in Canada to freely enter the United States and live and work here,” said James T. Meggesto, an attorney representing the plaintiffs. “They are essentially considered lawful permanent residents of the United States by operation of law in that treaty.”

For years, the Education Department’s Federal Student Aid Handbook reflected that status.

Its 2023-24 guidance said Jay Treaty students were not required to obtain documentation from the Department of Homeland Security to qualify for federal student aid. Students could instead establish eligibility using documents including a tribal band card, birth or baptism records or an affidavit from a tribal official. That changed beginning with the 2024-25 award year.

During the department’s annual review of its Federal Student Aid Handbook, Homeland Security recommended replacing the previously accepted documents with immigration documents issued by DHS or its agencies. The Education Department adopted the changes in February 2024.

Certain Jay Treaty students who had not previously received federal aid were directed to provide documentation such as a permanent resident card with a specific immigration code or qualifying stamps in a Canadian passport or I-94.

The department later said in a January 2025 announcement that the change followed consultation with Homeland Security.

Brindisi found the department did not acknowledge or explain its departure from the previous policy when the new requirement was initially issued.

The court also concluded the Education Department went beyond the authority Congress gave it under the Higher Education Act by imposing the heightened documentation requirement.

The department had argued in court that the policy complied with federal law and applicable regulations and that the plaintiffs lacked standing to challenge it. The judge rejected those arguments.

The change had significant consequences for the three students, according to court records.

Rourke-Rodriguez, a SUNY Canton student, received federal aid during the 2024-25 school year after establishing her eligibility using a tribal letter. When she sought aid for the following year, she was told her application had not been processed because of the new documentation requirement.

Court records show she received no federal student aid for the 2025-26 academic year and took only one online course during each semester because her family had to cover the cost. She said she would have taken a full course load and lived on campus if she had received federal aid.

Swamp had been accepted to SUNY Canton and initially received an award of federal aid after documenting his status with tribal records. After deferring enrollment, he was later informed of the new federal documentation requirement.

Swamp declined to obtain the documents because he believed the requirement was unlawful and told the court he could not afford to attend college without federal aid.

Thompson, a SUNY Potsdam student, received federal aid during her freshman year after using a tribal letter to establish eligibility. Court records show she was later told she needed a green card when preparing to seek aid for her sophomore year.

Without federal aid, Thompson relied on tribal assistance, private scholarships and $3,000 contributed by her mother and grandmother to pay for school.

Brindisi granted summary judgment to the students and vacated the Education Department’s policy requiring Jay Treaty students to provide federal immigration evidence to establish eligibility for student aid.

Meggesto said the ruling takes effect unless the federal government seeks a stay or appeals the decision to the Second U.S. Circuit Court of Appeals.

The Education Department did not immediately respond to a request for comment on the ruling, including questions about how it plans to implement the decision or whether it intends to appeal.