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Free Passage Rights Of North Who Is Entitled To Free Passage  Under the Western Hemisphere Travel

Initiative (WHTI), a higher standard of


American Indians Born In Rights As A North American identification is required. The
Canada Under The Jay Treaty Indian Born In Canada? Department of Homeland Security
continues to accept prior issued photo
And 8 U.S.C.A. § 1359  A North American Indian from a First identification tribal cards until better
Nations Band or Inuit, who can show at complying cards are available. The
HISTORY least 50% Indian Blood. better card is a proposed Secure
Certificate of Indian Status (SCIS) card
 The Jay Treaty of 1794 between the United  This does not include non-Indians adopted that are anticipated during 2010.
States and Great Britain recognized the into North American Indian families but
right of North American Indians to cross the only those individuals possessing 50% or
international border between Canada and more Indian blood per centum.
the United States.
 The Métis are generally not allowed free
 Some historians and legal scholars argue passage rights; however, in some cases,
that the treaty was abrogated by the War of documents of Métis descent combined
1812, but modern jurisprudence continues with other documentation may satisfy the
to reference the Jay Treaty in their analysis statutory blood requirement.
of North American Indian free passage
rights.
What Documents Must Be
 The signing of the Treaty of Ghent in 1814
reinstated the free passage rights of North
Produced To Establish Oneself What Do Free Passage Rights
American Indians that may or may not As A Qualifying Canadian Born For North American Indians
have been abrogated by the war. North American Indian? Mean Today?
 The Immigration Act of 1924 caused North  Canadian Birth Certificate (long form)
American Indians some problems crossing You have the right to:
the border, since it failed to mention or  Documentation either from the Ministry of
recognize the right of free passage.  Cross the US/Canada Border freely.
Indian and Northern Affairs or a written
statement from an official of the tribe from
 In April of 1928, Congress added the free  Live and work in the US.
which you or your ancestors originate -
passage right of North American Indians substantiated by documentary evidence
into 8 U.S.C.A. § 1359 in response to the  Be eligible for public benefits, such as
(tribe records and civil long form birth
Immigration Act of 1924, which restricted Medicaid, Supplemental Security Income
certificate bearing names of parents).
access to the United States. Such a statement would be on the tribe's (SSI), Medicare, Unemployment Benefits
and other Public Assistance, provided
official letterhead and should explicitly
 8 U.S.C.A. § 1359 states, “Nothing in this you meet the appropriate agency
state what percentage North American
subchapter shall be construed to affect the guidelines.
Indian blood you or your parents possess,
right of American Indians born in Canada based on official documents/records.
to pass the borders of the United States,  Register for college or university as a
but such right shall extend only to persons  Photographic identification, such as a “domestic student” in the US.
who possess at least 50 per centum of driver's license, tribal identification card or
blood of the American Indian race.” You are not exempt from paying duties on
passport.
goods when crossing borders.
Who Do I Contact
With Additional Questions?
Web Resources Call: 1-800-634-5263
http://www.ptla.org/wabanaki/jaytreaty.htm
Seniors 60 and over Call
1-866-621-9886 Free Passage
http://ww.consular.canada.usembassy.gov/
first_nations_canada.asp Legal Services of North Dakota Rights of
http://www.cbp.gov/xp/cgov/travel/vacation/
ready_set_go/whti_bg/land_sea/
Bismarck Law Office
418 E Broadway #7
North
http://www.aboriginallegal.ca
Bismarck, ND 58501 American
Fargo Law Office
112 N University #220, PO Box 1327 Indians Born
Fargo, ND 58107-1327
in Canada
Minot Law Office
20 - 1st St SW #201
Minot, ND 58701

New Town Law Office


345 Main St, PO Box 217
New Town, ND 58763-0217

Belcourt Law Office


BIA Road 7 Bldg 85, PO Box 1365
DISCLAIMER: This information is not legal
Belcourt, ND 58316-1365
advice. If you have a legal problem, you
should talk to a lawyer and ask for advice
about your options.

July 2010
General Information - Flyer #929
Published by Legal Services of North Dakota

You may apply for legal services by


LSND would like to thank UND Law Student
completing our online website application.
John Ward for his significant contribution to this
brochure. Visit our website at www.legalassist.org