Ottawa warns Indigenous people to carry passports for U.S. travel; AFN condemns ICE questioning and affirms they inherent treaty rights to cross-border
Canada has updated its official travel advice to First Nations people and Native Americans born in Canada, warning them to carry a valid Canadian passport when travelling to the U.S. (Stock photo) Photo: Adam Huras/Parliament Hil
Canada has updated its travel guidance for First Nations people and Native Americans born in Canada, advising extra precautions when travelling to the United States.
Federal officials now recommend that, in addition to a Secure Certificate of Indian Status card, travellers carry a valid Canadian passport. Indigenous Services Canada notes that U.S. border officers have discretion over whether to accept status cards at land crossings, and that such cards are not valid for air travel.
The Assembly of First Nations (AFN), which represents most First Nations in Canada, issued a strong advisory in late January amid tensions in Minneapolis and other U.S. cities.
“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,” the AFN said, reaffirming Indigenous peoples’ inherent and treaty rights to cross the border. Both AFN and federal officials now recommend that First Nations travellers carry a Canadian passport.
Several First Nations communities have also issued local advisories. Leaders of Alberta’s Blood Tribe urged members to use caution at the U.S. border after recent reports of Indigenous travellers being stopped or detained by American authorities.
In Ontario, Mississauga First Nation — located about 90 miles from Sault Ste. Marie — warned members about “ongoing actions by ICE involving the detention of First Nation and Indigenous peoples, including individuals legally entitled to be in the United States.” Nearby Aamjiwnaang First Nation, across the St. Clair River from Port Huron, issued a similar notice in late January.
Communities also recommend carrying a “border crossing letter” issued by a First Nation, confirming membership and eligibility to exercise cross-border mobility rights recognized under the 1794 Jay Treaty.
Officials on both sides of the border have advised Indigenous travellers to keep status cards up to date and carry additional identification when encountering ICE agents. Nations in North Dakota, South Dakota, and Minnesota have recently hosted document clinics to assist community members.
The Native American Rights Fund also reminded Indigenous people of their rights during law-enforcement encounters: remain calm, tell the truth, avoid obstructing officers, and state clearly if they do not consent to a search. Individuals may also ask whether they are being detained or are free to leave.
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