Aboriginal rights protect the ability of First Nations, Metis and Inuit people to cross the border. Close cultural and family connections exist between communities in Canada and the United States. In fact, in manyĀ areas the border crosses traditional Aboriginal territories. As a result, this impacts personal relationships and work.
Thus, the United States recognizes these realities. Consequently, Canadian-born Aboriginal citizens have the right to cross the US border freely. Here’s what you need to know about Aboriginal rights and travel.
Jay Treaty and Aboriginal rights
The Treaty of Amity, Commerce and Navigation of 1794, or Jay Treaty, acknowledged that aboriginal peoples had rights to unimpeded travel and trade. It guaranteed they would be able to cross the US border from Canada.
In effect, the Jay Treaty applies to Canadian-born people with at least 50 percent Aboriginal blood. This includes Metis and Inuit and took into account MĆ©tis border crossing rights. They are free to enter, live, work and study in the United States. They can’t be denied entry or beĀ deported. The right is guaranteed by federal statuteĀ and aĀ federal court case.
The Jay Treaty also said that Aboriginal people wouldn’t be charged duty or taxes on their “own proper goods.” However, that part of the treaty isn’t applied at the border. You’llĀ still be subject to customs duties.
What documents do you need to provide proof of Aboriginal blood?
You need to show documentationĀ that proves you have at least 50 percent aboriginal blood, or blood quantum. Documents that are accepted as proof include:
- A letter from your band office confirming blood quantum;
- Certificate of Indian Status card;
- Long form birth certificate;
- A Red ID card issued to Haudenosaunee members; or
- An Inuit enrolment card from one of the Inuit regional land claim agreements.
Indigenous Services Canada (ISC) has been advised that US border officers will accept any version of the Secure Certificate of Indian Status and any version of the Certificate of Indian Status, if valid, to cross the CanadaāUS border at both land and marine ports of entry. Acceptance of those status cards is solely at the US government’s decision.
Border officials may ask for anyĀ of these documents. However, the letter of quantum is requestedĀ most often.
To request a letter of First Nation membership, contact your First Nation office.
To request a letter of ancestry from ISC, contact Public Enquiries.
US border
There are a long list of minor offences that can lead to deniedĀ entry. These apply even if there was an acquittal or a pardon. Many Canadians need to apply for US Entry Waivers to enter the States.Ā This process can take many months. Do not try to enter the United States if you know that you need a waiver. The situation can escalate. Travel companions may also be affected.
With the right to unimpeded travel, Canadian-born Aboriginal citizens are assured of entry. This also includes the right to:
- Live in the United States;
- Work without a permit;
- Register at college or university as a domestic student; and
- CollectĀ public benefits, such as medical and retirement, if they meet the criteria set by each agency.
The U.S. Government cannot:
- Deport you;
- Exclude you from entry;
- Deny you services;
- Impound or search sacred objects you have in your possession having religious significance to you as a Native American.
Want to know more about Aboriginal rights and crossing the border?
Learn more about your travel options.
Canadian Border
The Jay Treaty doesn’t have legal status in Canada. These rights are the subject of ongoing discussions in Parliament and with First Nation governments. Aboriginal people who are Canadian citizens or have Indian status in Canada have the right to enter the country freely. Others faceĀ the same requirements as other foreigners.
Many people are calling on the government to change this. In 2016, Canada’s federal government appointed a special adviser to looking into border-crossing issues faced by Indigenous people. There have been numerous incidences where First Nations People have been denied entry into Canada. However, as of July 2023 the Jay Treaty does not hold legal ground in Canada.Ā Read about two Haida basketball players were detained after travelling from Alaska to Canada.
If you are not sure if you need a waiver to enter Canada or the United States, we can help. Contact us for a free consultationĀ at 1-866-972-7366.
I was just wondering if being metis will let me travel to the U.S even though I have a discharge. They stoped me once at the border and I found out the record wasn’t purged yet it is now though. I did not know Of the jay treaty act at the time either and have not tried to go back since.
Hi Ryan, Thank you for your question. You need to be able to show that you have at least 50% Aboriginal blood, which means you need one of the pieces of documentation listed in the article. If you have been denied entry and you cannot prove that you fall under the Jay Treaty provisions, you will need a US Entry Waiver.
As a metis traveler in the usa and canada do i have free access to federal parks . And am i limited to days spent in the usa
Hi Rene,
I have heard that national parks in the US allow Aboriginal people to enter for free to participate in traditional activities; however, I don’t know the requirements. You might want to send an email to the National Park Service. https://www.nps.gov/index.htm
In Canada, access to national parks by Aboriginal people is more complicated because it tends to be negotiated with the local communities in the area.
If you meet the blood quantum requirements and have the documentation, you can stay in the United States as long as you like, but this it not reciprocal. Canada does not recognize the Jay Treaty as binding, which means if you are not from Canada, you will probably need a passport and will not be allowed to overstay the six months without a visa.
Should I show up at the border with my Metis Card as my only proof of Indian Status, can I still be asked for more? Metis, Treaty and Inuit are all considered aboriginal and each member need to go through quite a thorough in order to be recognized as such. Shouldn’t this be enough? The way I see it, as it is described, a parent who is 50% aboriginal could pass through with his/her card but the children who are also recognized and hold their cards would then not be recognized in the U.S as aboriginal even though their ancestry proves otherwise. That means that a parent could live there while the children couldn’t. Right?
Hi Marty, Yes, you may need to prove the blood quantum to enter the United States. If the officials are not satisfied with the Metis card, they may ask for more. Other documentation could include a long form birth certificate or letters from tribes or Bands to which your ancestors belonged. Yes, you are correct that the status to enter under the Jay Treaty would not be passed down to children. They may be subjected to the same entry rules as other Canadians. If a parent wanted to live in the United States, they would have to obtain the necessary visas for their children if they did not have the 50% blood quantum.
Where do I request for blood quantum document pls ?
Hi Angela, Usually you will request this information from your band office. Here is some information about documentation from the US Embassy. https://ca.usembassy.gov/visas/first-nations-and-native-americans/
As a First Nations with the Quantum Letter, when the moment comes at the border, and I will need to say I will be working and bringing my one bedroom sized furniture over, will I have to āregisterā, immigrate and get a residence card?
Hi Mellena, Thanks for your question. No, you do not need to do the usual immigration procedures in order to live and work in the United States.
As a first nations individual and being 7 months pregnant and having my status card and passport will i be denied entry at the border to go on vacation for two weeks, and will i need anything else other then these documents?
Hi Crystal, You should carry medical insurance so that the border officials know that you are covered if something should happen. Many companies offer short term travel insurance plans. Here is some more information from the US Customs officials. https://help.cbp.gov/app/answers/detail/a_id/882/~/can-i-visit-the-u.s.-while-pregnant-and-what-are-the-risks-involved%3F
I have a criminal record in Canada which I do not have a pardon for yet. if I get a letter saying I am 100 percent native and a passport can I get into the states? Along with a status card? I don’t quite understand what the J Treaty allows.
Hi Sue, Yes you do not need a Waiver if you can provide the documentation that you have the blood quantum. Here is some more information about the documentation. https://ca.usembassy.gov/visas/first-nations-and-native-americans/
What about dual citizenship .. my mother is Canadian born aboriginal with status , I as well have status, my father born in states .. how am I able to get a passport when even the passport office there is no dual citizenship.?!?
Hi Vince, The US and Canada do allow people to have dual citizenship. I’m not sure what country you are trying to get a passport from. You may need to contact a lawyer if the government offices cannot help you.
I was trying to get a Canadian passport . I went to Vancouver and the U asked for my “visa” ! I’m native American and dual citizen why would I need a visa to be in Canada? She told me that she couldn’t understand how I got a sin or drivers licence without a visa .. is this just ignorance on her part or is she just being .. well having a bad day and taking it out on me ? Can you maybe recommend a lawyer and would the lawyer accompany me to the passport place ?
Hi Vince, Sorry we can’t recommend anyone, but here is the number for Passport Canada. Maybe the head office can help you. 1-800-567-6868
Can I cross the U.S border with just my SCIS Card?
Hi Amber,
An SCIS Card on its own does not prove 50% blood quantum. If you try to cross with just the status card, it will be up to the discretion of the border agent as to whether or not they let you in. If you want to be assured of entering, you might want to get more documentation, such as a letter from your band.
I am a half breed if i moved to the states would i have to sponsor my husband to come with me?(my husband is Caucasian)
Hi Lee,
Yes, you need to apply to sponsor your spouse.
Hi there, if my family were to move to the states, would my non-aboriginal spouse be able to move with us? I am metis and my daughter is 100% treaty but my spouse is neither.
Hi Angel, You would have to become a permanent resident and then apply to sponsor your spouse.
I’m Metis enrolled in North Dakota about ten minutes from the border. Does anyone know the rules for living and working in Canada for my tribe? I’ve been wanting to move to Winnipeg for over a decade but found the process so slow and expensive.
Hi Eric, Unfortunately, Canada does not recognize the Jay Treaty. In the country’s opinion, it was signed by Great Britain, not Canada, and has never been implemented through laws. You would have to go through the normal immigration procedures to live and work in Canada.
So as long as I produce my stays card I will be admitted into the us?
Hi Paul, A Status Card is not enough to show 50% blood quantum, though anecdotally, many people do cross with just the status card. However, if you want to be assured of crossing, you might want to get more documentation.
I would like to know if I have a old warrent can that affect me
Hi Miranda,
Local police can tell you if you have a warrant. You should seek legal advice. Unfortunately, we cannot assist people with outstanding warrants.
I have lived in the states for over 18 years and I still am required to show proof of residency for work. I had to apply for a permanent resident card in order to continue working with the company I was with and still require to show proof of residency whenever I change jobs. Why is that? The same goes for my son who just moved here.
Hi Liza, That is not our area of expertise. You might want to contact United States Citizenship and Immigration Services (USCIS).
I am status and operate a business in Canada (aboriginal artist) can I bring my products across into the states to conduct my business under the Jay Treaty . What requirements are required of me to bring my products back and forth across the border?
Hi Mark, This is not our area of expertise, but you would likely be charged the usual customs or duties to bring products back and forth across the border. You can contact the US Customs and Border Protection and the Canada Border Services Agency.
Hello,
My wife is full-status indian born in Canada. She would like to move to the U.S. and work there. As her husband who is not first nation, what is the best approach for me working if we were to move there? are there lawyers who are trained in J treaty applications?
thanks
Hi Stan, Your wife could probably sponsor you. Unfortunately, we are not able to give legal referrals, but a US immigration lawyer can help you.
So then why am I required to have a green card? I’m full Aboriginal. Which makes my children half. And the immigration deported one of my children. And even at the customs enforcement in Vancouver British Columbia. They told my son that the Americans couldn’t deported him so why did they get away with it.
Hi Debra, Sorry, to hear that you are having so much trouble with this issue. You may want to contact a lawyer about your situation.
You need to make sure you have all your family members status cards, and official letters of Blood Quantum from your band/Tribe/Nation. You require these as proof of your right to live & work in the USA. You will not need a green card.
I suggest if a person who’s father is white and American and mother is a Cree Canadian, if said person was born in America, but is an Band Member and card carrying Status Indian under the Indian act and therefore like wise considered Canadian, as one can not belong to a Canadian Indian Band and reserve and not be considered Canadian for belonging to a Canadian Indian Reserve that being Treaty Six, That being the very first peoples of Canada it’s self. Hypothitiacly, said person may have been imprisoned with in Canada, for a federal offence, and currently serving a life sentence of parole. May wish to return to USA, for visit or residence, what documentation would said person need. As I understand they can not be rejected entry into USA because they are born American, having an, American S.I.N. number, A American birth Certificate and parent whom and relations with military family members? Upon returning into Canada said person would also have Canadian S.I.N. number, Treaty Status with both band membership number, and personal band membership number, persons number. Canada dose not have blood Quantum, only status of proof of nattiness, and belonging to a treaty, and band. Any info you can share would be great, besides being told to seek out a lawyer.
That Indian statues card of mine got me into the U.S. a few times, pretty handy to have. Of the 5 times I was questioned at the border – they allowed me entry. I would say that its up to the discretion of the customs officer on whether he allow you to cross, that’s been my experience, both by land and air. It was my understand that only status Indian (treaty Indian) could cross using their statues cards. Learn something new every day.
Hi Perry, Thanks for sharing your experience.
Hi I am an Inuit living In British Columbia, Canada close to the Washington state border, Do I have the same rights as a Native to education, medical care and dental?
I am a Canadian Inuit and was wondering if I would have the same rights to education, medical and dental as a treaty Native living in the United States if I were to move to the United States?
Hi Edna, Yes Inuit can live, attend educational institutions and apply for benefits under the Jay Treaty. You may need an Inuit enrollment card from one of the regional Inuit lands claim agreements.
What is the difference with custom duties and duty and taxes. It says we pay custom duties.
Hi Patricia, You may need to pay taxes as well. Taxes on goods you bring into Canada are based on where you live, for example, GST plus PST or HST.
Does the jay treaty still apply if I fly into the Us status, and blood quantum letter ? But also a passport (p.s reason I ask us because of a record !)
Hi Blaire, Yes you can fly to the US under the Jay Treaty.
Hello all cleared,
I use my status card to travel to the US, I been to the UCSIS office to start my dual Sim n Helena MT. But I did not have my blood quantum letter. They could not do anything without that letter, but I had everything else Status card, long form birth certificate, lettter of ancestry from Aboriginal Affairs, and other id.
My band office doesn’t know what that means – Blood Quantum…Lmao
How else can I get a blood quantum letter? Help?
Hi Jason, Sorry immigration to the US is not our specialty. Maybe you can provide some information from the US Consulate to the band office to help them write the letter. https://ca.usembassy.gov/visas/first-nations-and-native-americans/
How about an American Indian crossing into Canada? I haven’t found any information regarding this… please help. š
Hi Keven, Unfortunately, Canada does not recognize the Jay Treaty. Hopefully, in the future legislators will work on this, but currently, there is no bill that allows US residents who are Aboriginal to live and work in Canada without the usual permits.
Thank you!!
About 8-9 years ago I was crossing into the US and was denied entry in spite of showing my Metis status card. They went through everything including my sacred bundle with a woman and a drug dog. They found nothing (Iām a recognized elder in my community) and refused entry anyway. Is this recent? Are you saying I can now cross? My heart aches for the loss of seeing friend and family there.
I am Cree Metis and carry a status card. About 10 years ago I tried to cross and was told the Jay treaty only applies to First Nations. Has this changed? When? Can you please post a link identifying the case in law so I can see? The risk is far too great to just show up at the border.
Hi Charles, As far as we know there has been no change in the Treaty. However, a status card does not prove blood quantum and you may need more documentation. Some border guards may be more picky about this than others.
To be Metis you do not need to have 50% blood quorum, so how does the treaty apply to individuals with a recognized citizenahip card (ex. Metis Nationif Ontario, or one of the other Metis National Council affiliates)?
Hi Terry, Unfortunately only Metis people who can prove at least 50% blood quantum can benefit from the Treaty.
Have you ever heard of someone born in the USA, but is full status in Canada, wanting to come live in Canada, what their experience would be? Do they have a right to live in Canada without going through immigration channels? I know many MANY people in this situation.
Good afternoon,
I am a Canadian Native American living and working in the US. Ive been here for 7 years.
I possess a valid Canadian passport, a long form birth certificate, a blood quantum letter of 50% from my Native American band chief, a government issued Native status card and a social security number.
When I moved to the US in 2010, I applied then scheduled an info pass for creation of record and received a I-551 stamp in my passport while I waited for my residence card to be delivered. I never received it. I applied for it because I thought it would be beneficial and wanted it as physical legal evidence of my status and to make traveling easier. I reapplied for it in 2016. Nothing yet. Since then, I reissued an expiring passport thus lost the temporary stamp.
I wish to find information regarding my options for flying to and from the US.
Ive seen border crossing regulations for land ports everywhere online but nothing by air. I wonder if anyone has any experience or advice, regarding traveling by air to return to the United States. This is where I reside but am afraid of leaving or traveling due to denial of re-entry. It has also limited my ability to see family in Canada, due to this border crossing dilemma.
Any information is greatly helpful. Thank you for your time and assistance.
Hi Austin, It doesn’t sound like you would have a problem. A passport from your birth country is required for flying.
This is great. And your responses are appreciated. A question I have is that many FN, Metis and Inuit have criminal records. Some with serious offences. Does being Indigenous (and the Jay Treaty) trump (pardon the pun) criminal records/history? Thank you.
Yes, you can cross the border without a US Entry Waiver as long as there are no outstanding warrants or orders.