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S E E D E D C O N T E N T
The Assembly of First Nations (AFN) in Canada has recently acknowledged the increased questioning and detention of members at U.S. borders after a Gwich'in man was held for hours by the U.S. Customs and Border Protection (CBP) and had to provide further proof of his 50% American Indian blood as the CBP dismissed his Indian Status Card. This prompted the AFN to announce in its travel advisory that a status card or a Secure Certificate of Indian Status is no longer enough at U.S. border crossings.
For years, First Nations members in Canada only needed to show their Indian Status Cards to enter the U.S. It is due to the combination of the Jay Treaty of 1794 , which allows Indigenous peoples on either side of the border to "freely pass and repass," and a U.S. Federal Law that exempts "American Indians born in Canada" from immigration restrictions. Here's a closer look at the stricter implementation of this rule.
First Nations In Canada Warn Of Rejected Indian Status Cards At U.S. Border: Bring Extra Documentation
In a travel advisory released in late January, Grand Council Treaty #3, which represents First Nations members in the area of International Falls and the border crossing into Minnesota, addressed the increased scrutiny faced by members when traveling to the U.S. First Nations members are then advised that an Indian Status Card (Secure Certificate of Indian Status) no longer guarantees crossing into the U.S.
Indigenous Canadians must now bring extra documentation , such as a valid Canadian passport , a birth certificate , or any documentation that proves their citizenship or legal status . But that's not all:
"Members are also encouraged to request a border crossing letter from the membership office prior to travel for assistance," said the advisory.
While these letters can be processed quickly, in some cases (e.g., the clerk is away, smaller offices), it could take up to a week or two. It was one of these letters that enabled the release of the Gwich'in man, Harley Minakis, who was detained for hours by the CBP.
His family in Canada sent a blood quantum paper from the Gwich'in Tribal Council, proving he has "at least 50 per centum of blood of the American Indian race ," which an overlooked U.S. federal law requires. This led to Minakis' release and spared him from having to pay the Drug Enforcement Agency (DEA) for a travel waiver, as the agents suggested, due to his charges of marijuana possession from 2001 or 2002.
Why U.S. Customs And Border Protection Rejects Canadians' Indian Status Cards
A U.S. Customs and Border Protection officer is inspecting a vehicle at the U.S. border.
Credit: CBP Photograph/Wikimedia Commons
The CBP's rejection of Indian Status Cards is a strict enforcement of Section 289 of the Immigration and Nationality Act (INA) . This U.S. Federal Law states that "only persons who possess at least 50 per centum of blood of the American Indian race" are qualified for the Jay Treaty free passage rights. An Indian Status Card alone is insufficient proof of the blood quantum required by the U.S.
In addition to that, a 25% blood quantum can hold Indian Status in Canada , even though it does not meet the U.S. border's 50% rule. Ultimately, the "burden of proof" is on the traveler, and CBP officers or ICE agents have the discretion to question and detain First Nations members or deny them entry.
How About Tribal IDs?
The AFN acknowledges in its travel advisory that U.S. federal law enforcement "may not be familiar" with Tribal IDs. According to the Western Hemisphere Travel Initiative (WHTI), certain tribal documents, such as standard tribal photo IDs and Enhanced Tribal Card (ETCs), are recognized as proof of identity and citizenship for land and sea crossings into the U.S.
Tribal IDs vs. Indian Status Cards : Tribal IDs are official documentation issued in the U.S. by one of the 574 Bureau of Indian Affairs (BIA)-recognized American Indian and Alaska Native tribes, while Indian Status Cards are primarily issued to individuals registered under the Indian Act by the Canadian federal government through Indigenous and Northern Affairs Canada.
However, tribal IDs or ETCs are not valid for international air travel, including those between Canada and the U.S. This is why the AFN urges members to bring a valid Canadian passport and a blood quantum letter along with their tribal documents or Indian Status Card, to minimize scrutiny and delays at U.S. border crossings.
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In memory of Kavika, whose nation had no borders.
Miigwech ( Thank You )
I truly miss what Kavika would have said if he were told he was not a 100% American, especially if he were told by someone who was NOT indigenous. .
This is the most difficult seed I have ever done. The OA is full of weird HTML that stymies the adoption into NT. I must have restarted ten times, finally using an online HTML editor to strip out all that weird stuff, paragraph by paragraph.
Since I'm not sure what that weird stuff actually does, and this seed is now complete - it has everything the OA has, I do not recommend anyone opening the OA.
Probably infected with untrained CBP or ICE employee attitudes.
The information in the thread is based on the 1952 law in Canada and added to the U.S. legal structure of immigration in 1954. Section 289 has not been updated since 1968, but the requirements are standard - for Canadian First Nation members. The travel advisory listed above is a good action point to follow when dealing with U.S. ICE/DHS contact.
Again, the requirements listed above are for First Nations members - not U.S. tribal/nation members.
The subject matter deals with the "First Nations" peoples born in Canada who would travel across the border - in the 50's/60's under the Jay Treaty, and what requirements they would have to meet to cross the border with just their CDIB cards certifying they were, at least, 50% "Indian".
Until recently, Native Americans crossed the border with just their tribal ID... no problem.
What changed?
Influx of Illegal Aliens.
Trump.
More than likely, the uninformed, unvetted and under trained knuckleheads that DHS has rushed through the hiring process to expand BP & ICE.
There's little reason to treat the northern border any differently than it has for the last 75 years.
In this day and age of computers why would anyone be detained for hours or days at the northern border?
The issue is no different for non Indians who have used the Haskell Library and opera house for 120 years without passports.
Trump pissed off the Canadian government with his tariff(s) and 51st state nonsense.
Now the library is restricted because it offends Trump.
Nice try - h-h-h-u-u-u-g-g-g-e-e-e-e stretch, but wrong answer.
Haskell Indian Nations University · Tommaney Library 155 Indian Ave Box #5016. Lawrence, KS 66046-4800, founded in 1904 - not even close to the border.
Not TDSing are you? I mean after all, the 289 law was passed in 1952, so explain how Trump was involved with that.
And why did you have to throw Trump into the discussion when he's not a part of it????
There is a library fairly local to me that is affected. It is right on the line.
And that is the one that SP is attempting to highlight. It's name is Haskell Free Library, not Haskell Indian Nations University which is addressed above.
The free library also REQUIRES people to enter and exit the same door to prevent "border crossing."
That is the one
What the fuck are you smoking tonight?
Where do you see the words Indian university???????????????????????????
HASKELL FREE LIBRARY & OPERA HOUSE - Home
Here, I sincerely hope that helps a bit.
A cross-border landmark faces a restrictive new future - CBS News
Which required a new entrance on the US side, because....Trump said so.
more money wasted because God forbid some of those nasty Canadian Indians might sneak in despite all of treaties already allowing them to pass Freely.
"the Haskell Library"
Yeah - I know. Everybody needs to learn how to read between the lines - 'specially when "Free", "& Opera House" are left out of the "description", eh?
The next time you post something about Native Americans are mistreated, and I agree that they often are, I'm going to remind you that you're insulting the people who object to that mistreatment, while embracing a POTUS who endorses that mistreatment.
I've asked you several times to respond to reports of NA citizens detained by ICE while complying with demands for their IDs. You have studiously ignored those reports.
When you embrace the person whose policies lead to abduction of Native Americans and then turn around elsewhere to object to mistreatment of Native Americans, you tank your credibility.
Sandy - 'Scuse me - a stupid ass comment (while licking trump's ass) is much more acceptable than a serious discussion on a subject I am familiar with?
Is that your moderation or your personal opinion?
OK, 'nuff's enough.
1 - Show me, in writing and quotes, ANYWHERE that I embrace a POTUS who endorses mistreatment of people - 'specially Native Americans.
2 - Show me, IN WRITING AND QUOTES, where you have "asked me to respond several times" regarding NA citizens detained by ICE.
3 - SHOW ME, in writing and quotes, where I have "studiously ignored those reports".
4 - Show me, in writing and quotes, where I embrace the person whose policies lead to abduction of Native Americans.
You can't because you haven't.
Did I ticket anybody? Post in purple ink? No? Then that was a stupid question.
I pointed out the inconsistencies of your professed defense of Native Americans, while embracing a POTUS whose policies lead to persecution of Native Americans. That is opinion based on your comment history. I also pointed out your willful obliviousness to said persecution when it's mentioned, and your insults against those who actually support Native Americans.
Also in regards to moderation, I'm not the one who warned Bob about what he could and could not post.
Um, you know what "ignored" means, right? If you didn't respond, what is there to quote?
OMG 1st. Put aside your personal animosity and read what I wrote very slowly.in 2.1.5.
I profusely apologize for not capitalizing " opera house" if it caused some sort of temporary blindness on your part.
Shall I write out in longhand or braille? Trump has changed DHS< therefore HSI, ICE and CBP. Trump is calling the shots personally on immigration, hance
First Nation Canadians being detained at the border carrying perfectly legal ID for both nations is now normalized.
None of this should be a surprise since the Chicago and Minneapolis ICE surges rounded up American Native Americans and refused to accept their tribal IDs or drivers licenses as valid ID, detaining many for hours or longer.
It is both a lack of respect of the NA by ICE and further proof of their ineptitude or lack or training ( or prevalence of white nationalism among them )
I am going with all three.
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Sorry 'bout that SP - but you know how heavy some folks can get when the black and white ain't all black and white, eh?
What did Billy ask once? "It depends upon what the meaning of the word 'is' is."
Works on NT also
Good headlines - good stories - now, WHERE IS THE CANADIAN BORDER aspect to any of those headlines???
That's my point and neither you nor Bob will address MY QUESTION - WHERE DOES Title 8, U.S.C., para 289 apply - that deals SPECIFICALLY with Canadian First Nations members, with the involvement of DHS/ICE with U.S. Native Americans.
Think very carefully before you answer.
First of all, WE are participating on YOUR article and as such, cannot moderate any thread we participate in.
Secondly, no one flagged it for a ticket able offense if there is one.
Thirdly, being personally offended isn't enough to issue a ticket.
Fourthly, you answered the offending comment with a personal taunt, exposing yourself to a ticket and literally guaranteeing the offending comment will be there for eternity. A ticket that neither I or Sandy can issue.
Fifthly I support almost every article you post about NA, as I did Kavika before you. If you are going to pick a fight based on some imaginary animosity every time I
comment on one of your stories and you yourself bringing Trump into it as some sort of victim, then I will leave you alone to continue happily posting your 1 and 2
comment articles.
Native American Supreme Court Ruling Stands - 1stwarrior | The NewsTalkers
Boozhoo
Um, and your answers to #'s 1, 2, and 4???
BTW - I didn't "warn" Bob - I advised him to be cautious on his postings dealing with Native Americans.
Good deflection into Clinton, that could be construed as off topic....
You have a very fucked up view of who owes you anything on this website especially when you are not the author.
289 should never be invoked unless the governments of both nations pay for blood test and or DNA tests to prove the 50% or 25% thresholds
along with birth certificates and court orders regarding birth, marriage and or adoption and provide some sort of ID that includes all of the above
because ICE employees aren't very bright.
Again, Trump wants purity and Gnome is trying to enforce any rules on the books regardless of how old and whether or not it's at a Border Crossing
or the Haskell Library and opera House or downtown Minneapolis
Word of Advice, if you can't finish reading a sentence before jumping to a wrong conclusion, then stop trying to be the Article Police.
Boozhoo, again
Mi'igwech
You wanna discuss this? Fine, IM works better without having to see who has the largest . . . . . . and exposing that to the readership.
It's even sadder if you are truly unaware of the depth of your Truump idolatry,
Sorry you see it that way. As an individual - Trump, as a person, is lower than the lowest - that I will admit and have admitted numerous times.
But, I see SOME of his policies as beneficial and good for the country. Even so, I won't/don't respect the person - only his office - that of President of the United States.
However, I am a firm believer and advocate of Federal Indian Law and will gladly discuss the what's/why's/wherefores of those tenets as ruled by SCOTUS, the Constitution of the United States, and Congress.
Meant to say PN - can discuss better when ya got more room to "talk"
Bullshit. I can see the posts after they're deleted.
Parts of this thread were removed for no value.
Sorry to not be particularly adept at computer technology and its language, but what does OA mean?
[deleted][✘]
[deleted][✘]
I think it is a reference to the "Original Article" from the context.
Thanks, but Bob aleady told me and I thanked him and then we both got deleted for "context" although I have no idea what the "context" was. Now YOU might get deleted for "context" as well, and so will I..
That's OK. I am a big boy and won't go crying to meta
[deleted][✘]
Bob, I apologize for derailing this, but it did generate 30 plus comments and Gia is a great travel writer.
It was enlightening...