Canada Advises Indigenous People to Carry Passports for US Travel

Introduction

Canada has issued new travel guidance for Indigenous people crossing the US border, marking a significant shift in longstanding cross-border practices. This policy update has raised concerns within Indigenous communities about potential disruptions to traditional mobility rights that have existed for centuries.

Key Points

Background

For generations, Indigenous and First Nations people living in Canada have viewed the US-Canadian border as an artificial division cutting through their traditional territories. Nations such as the Ojibway and Mohawk historically inhabited lands that now span both countries, making unrestricted movement essential for maintaining cultural connections, family ties, and community relationships.

The foundation for this cross-border mobility dates back to 1794, when the United States and British monarchy—which then directly governed Canada—signed the Jay Treaty. This agreement specifically assured free passage for Indigenous peoples on both sides of the border, recognizing their unique status and the artificial nature of the boundary through their ancestral lands.

Analysis

The recent policy shift by Indigenous Services Canada (ISC) represents more than just a procedural change—it signals potential erosion of established Indigenous rights. While the Jay Treaty remains in force, Canada’s updated guidance now states: “While you may have previously crossed the Canada-US border with only a secure status card, ISC now strongly recommends also carrying a valid passport when travelling outside of Canada.”

This recommendation carries significant implications. Not all Indigenous and First Nations people in Canada possess passports, creating potential barriers to travel that didn’t previously exist. The change effectively places additional burden on Indigenous travelers to navigate increasingly complex documentation requirements.

The statement that “Acceptance of all status cards is entirely at the discretion of US officials” underscores the uncertainty now facing Indigenous travelers. What was once a relatively straightforward process has become subject to individual border agent interpretation, potentially leading to inconsistent treatment and unexpected complications.

Practical Advice

For Indigenous travelers planning cross-border journeys, consider these recommendations:

– **Dual Documentation**: Carry both your Secure Status Card and a valid passport when traveling to the United States
– **Early Preparation**: Apply for a passport well in advance of planned travel, as processing times can vary
– **Document Copies**: Keep copies of all travel documents separate from originals
– **Contact Information**: Have contact details for Indigenous advocacy organizations readily available
– **Know Your Rights**: Familiarize yourself with the Jay Treaty provisions and your rights as an Indigenous traveler
– **Travel Insurance**: Consider comprehensive travel insurance that includes coverage for unexpected border delays or complications

Legal Implications

The policy change raises important legal questions about the status of Indigenous mobility rights. Law firm MLT Aikins recently published an analysis highlighting that “the right to free and unimpeded movement across this artificial (border) represents an important continuation of community, culture and kinship.”

The firm’s warning about recent incidents involving US Immigration and Customs Enforcement (ICE) agents is particularly concerning. Reports of Indigenous travelers—including those carrying valid documentation—experiencing “detainment, interrogation and even reports of mistreatment” suggest potential violations of established treaty rights.

These events call “into question whether these long-standing mobility rights will continue to be respected at the border,” according to legal experts. The discretionary power granted to US officials creates a precarious situation where Indigenous rights guaranteed by treaty may be subject to individual interpretation rather than consistent application.

FAQ

Conclusion

The updated travel guidance represents a significant shift in how Indigenous mobility rights are being interpreted and implemented at the US-Canada border. While the Jay Treaty’s provisions remain legally valid, the practical reality for Indigenous travelers has become more complex and potentially challenging.

This policy change highlights the ongoing tension between traditional Indigenous rights and modern border security measures. As Indigenous communities navigate these changes, maintaining awareness of both documentation requirements and legal rights will be essential for protecting centuries-old mobility traditions.

The situation continues to evolve, and Indigenous travelers should stay informed about any further updates to border crossing requirements. Advocacy organizations and legal experts will likely continue monitoring how these policy changes affect Indigenous communities and whether they align with established treaty obligations.