An Alberta First Nation is advising its band members to take precautions when crossing into the United States, even though centuries-old treaty rights should protect them.
The Blood Tribe First Nation, located in southern Alberta near Lethbridge, said in an advisory posted to its website, “It has come to our attention that individuals have been stopped and even detained by US agents.”
Those authorities include U.S. Immigration and Customs Enforcement, better known as ICE.
“Both the Assembly of First Nations and Indigenous Services Canada have reported being aware that status cards have not been respected,” the band said in the advisory, posted Wednesday.
“It is our understanding that at the very least a Blood Tribe member should ensure that they are in possession of a copy of their birth certificate or other evidence that they were born in Canada, and evidence of their percentage of ‘American Indian Blood.’”
The Blood Tribe says the Jay Treaty, an agreement signed between Great Britain and the U.S. in 1794, should prevent any issues for its band members when they cross back and forth across the border, but the effectiveness of that agreement is unclear “during this period of unrest.”
“The Blood Tribe joins with other First Nations in protesting the disregard and lack of respect being given to the Jay Treaty. However, at this time, we urge Blood Tribe members not to rely on the fact that we have a right to pass and repass the American border freely.”
What is the Jay Treaty?
The U.S. Embassy and Consulates in Canada says the Jay Treaty is in effect for both American Indians and Canadian Indigenous people, allowing them to “travel freely across the international boundary.”
“In order to qualify for these privileges, eligible persons must provide evidence of their American Indian background to at the port of entry. The documentation must be sufficient to show the bearer is at least 50 per cent of the American Indian race,” the organization states on its website.
“Generally such evidence would include either an identification card from the Ministry of Indian and Northern Affairs or a written statement from an official of the tribe from which you or your ancestors originate, substantiated by documentary evidence (tribe records and civil long form birth certificate bearing the names of both parents).”
According to the Government of Canada’s website, the Jay Treaty “included a provision for free passage by First Nations Peoples and their personal goods across what is now the Canada-U.S. border.”
The treaty was declared not in force by the Supreme Court of Canada in 1956, meaning it does not grant reciprocal rights for U.S. Indigenous people to enter Canada.
In 2021, the Canadian government embarked on engagement with First Nations, Inuit and Métis communities to work out “more complex border-crossing issues.”
AFN ‘strongly condemns’ scrutiny
The Assembly of First Nations (AFN) echoed the Blood Tribe’s call to its members.
“The AFN strongly condemns these actions and reaffirms First Nations’ inherent and Jay Treaty rights to cross-border mobility.”
The organization said U.S. federal law enforcement “may not be familiar” with tribal identification cards and urges members to carry additional documents.
The Blood Tribe says all members who need to travel through U.S. customs or reside in the U.S. can be provided with evidence of their membership with the Blood Tribe and their blood quantum according to the band’s membership code.
It also advises members to carry the following documents “at all times” while in the U.S.:
- a long-form birth certificate;
- a passport (or other government-issued identification); and
- a blood quantum letter from the band.
Any Blood Tribe members needing assistance with acquiring the proper documentation can contact the Blood Tribe membership office call 403-737-8111 or email distribution@bloodtribe.ca.
CTV News has reached out to the Blood Tribe First Nation, the Assembly of First Nations and the Canada Border Services Agency for comment on this story.
Correction
An earlier version of this story incorrectly stated the Blood Tribe had heard of some of its members being stopped and detained. But the Blood Tribe’s advisory actually says it had heard of individuals being stopped and detained. CTV Calgary apologizes for the error, and a revised version of the story continues below.)
