Miles Morrisseau
ICT
In response to increased aggression and illegal detainment of Native people by U.S. immigration officers, First Nations in Canada are issuing travel advisories and warnings for citizens traveling across the border.
The Assembly of First Nations, the national organization representing the majority of First Nations in Canada, issued a strongly worded advisory on Jan. 23 amid ongoing tensions in Minneapolis and other cities across the U.S.
Other First Nations have reached out to their own members to warn about the rising tensions.
“The Assembly of First Nations has heard reports that some First Nation citizens have been subjected to increased questioning and detainment by U.S. Immigration and Customs Enforcement (ICE),” according to the statement from the Assembly of First Nations.
“The AFN strongly condemns these actions and reaffirms First Nations inherent and Treaty rights to cross-border mobility.”
For years, the Indian Status card was all that was required of First Nations members in Canada when crossing the border into the United States. AFN is now recommending that First Nations members may want to carry a Canadian passport or other valid identification. Some first nations are also recommending travelers obtain a border crossing letter to take with them.
“Please note that the federal law enforcement may not be familiar with Tribal IDs,” AFN stated. “If an ICE agent does not accept your Tribal ID as identification, the Native American Rights Fund recommends that you request to speak to their supervisor.”
The Grand Council Treaty #3, which represents First Nations members in the area of International Falls and the border crossing into Minnesota, issued an advisory on Jan. 21 to its members and has reached out to the Canadian government.
“We have been in contact with Indigenous Services Canada and Global Affairs Canada over the past week and we expect to meet further over the next two days,” Daniel Morriseau, political advisor to Grand Council Treaty #3, told ICT.
“Right now we at Grand Council Treaty #3, our First Nation communities, tribal councils, Indigenous Services, Global Affairs, and the Canadian Consulate in Minneapolis are all working to make sure our citizens have resources available to them should the need arise,” he said.
Members were advised to obtain a valid Canadian passport and carry any documentation that may demonstrate citizenship or legal status at all times.
“Members are also encouraged to request a border crossing letter from the membership office prior to travel for assistance,” the advisory stated. “If issues arise while in the United States, Canadian citizens contact the Canadian Consulate for emergency assistance.”
A border crossing letter is issued by a First Nation stating that the traveler is a member, that they have more than 50 percent Native American blood quantum and that they are exercising their rights under the Jay Treaty. That treaty was signed in1794 between the U.S. and Great Britain, which held authority over the Canadian territory at the time, to ensure peace between the two countries and to foster trade and commerce. The treaty also ensured that First Nations people would be allowed to travel, trade and work in both countries as they were an essential part of each nation’s economies.
“Recent reports indicate that some First Nation citizens have experienced increased scrutiny, questioning, or enforcement actions by U.S. Immigration and Customs Enforcement.” the council stated. “Individuals are reminded of the importance of carrying valid identification, including a Status Card and or a Canadian passport, as proper documentation may help reduce the risk of unnecessary delays or detention.”
Treaty # 3 leadership also advised its members to contact the Canadian government for support.
“In extreme circumstances, Canadian citizens may contact the Canadian Consulate for assistance while in the United States,” they said. “Although consular officials cannot intervene in legal matters, they can offer guidance, help connect individuals with resources, and support communication with family or Canadian authorities.”
Other First Nations are issuing their own warnings.
The Mississauga First Nation in Ontario, which is about 90 miles from the border at Sault St. Marie, Michigan, issued a travel advisory to its members on Jan. 19, citing “ongoing actions by U.S. Immigration and Customs Enforcement (ICE) involving the detention of First Nation and Indigenous peoples, including individuals who are legally entitled to be in the United States.”
“Chief and Council of Mississauga First Nation strongly condemn these actions,” according to the Mississauga advisory. “Members travelling to the U.S. are urged to take extra precautions by ensuring all identification is up to date.”
On Jan. 26, Aamjiwnaang First Nation located across the St. Clair River from Port Huron, Michigan, also issued a warning.
“Due to the ongoing actions by the U.S. immigration and Customs Enforcement (ICE) and the detention of First Nations people, Aamjiwnaang Chief and Council are urging members to take extra precautions when travelling to the United States,” the advisory notes.
The First Nation also reiterated its historical Indigenous and treaty rights to safe passage.
“Since time immemorial, our people have crossed the river into what is now called the United States of America.,” officials said. “In 1794, the Jay Treaty was signed between the United States and Great Britain. This meant Indigenous People could pass freely across the border.”