Indigenous leaders urge citizens to carry status cards or tribal IDs in U.S.

Indigenous leaders on both sides of the border are advising their citizens on how to deal with U.S. Immigration and Customs Enforcement (ICE) agents if approached.

The Blackfoot Confederacy in Alberta, whose territory extends into North Dakota, published information for its members on Monday. Last week, Grand Council Treaty 3, whose territory borders Minnesota, released a statement advising members who live in or travel to the U.S. to take added precautions.

Both advised carrying proof of citizenship or status.

Dan Morriseau, Grand Council Treaty 3 political advisor, said in an email to CBC Indigenous that the council was working with Indigenous Services Canada to create an expedited application process for the Secure Certificate of Indian Status card for people in urgent need or in the U.S., which would reduce wait times to two to four days.

Secure Certificate of Indian Status cards have security features and are machine-readable like passports, Morriseau said.

The Assembly of First Nations reaffirmed its commitment to defend First Nations’ inherent and Jay Treaty rights to cross-border mobility in a statement published last Friday on social media. 

It advised First Nations members travelling to the U.S. to carry valid identification, including their status card or Canadian passport.

“Federal law enforcement may not be familiar with Tribal IDs,” the statement said.

“If an ICE agent does not accept your Tribal ID as identification, the Native American Rights Fund recommends that you request to speak to their supervisor.”

Native American Rights Fund makes info sheets

The Native American Rights Fund (NARF) has developed information flyers for people or non-profits approached by ICE.

Beth Wright, who is from the Pueblo of Laguna tribe in New Mexico and a NARF staff attorney, said she has heard reports of ICE entering reservations, people’s homes or detaining tribal citizens on the basis of racial profiling.

“ICE does not have jurisdiction over United States citizens, and many tribal citizens are also United States citizens,” Wright said.

“But more than that, tribal nations have a government-to-government relationship with the United States. The United States has a unique relationship and responsibility to protect tribal nations rights, resources, land, and sovereignty.”

Wright said NARF is not aware of ICE agents receiving any specific training regarding this
relationship.

NARF counsels Native American people to carry ID, do not lie to agents and do not physically resist or obstruct them. It also says people have the right to remain silent.

She said ICE agents need a judicial warrant signed by a judge — not an administrative warrant, signed only by an agent — to enter a home.

ICE says it respects the Treaty of Canandaigua

Earlier this month the president of the Seneca Nation in New York state issued a statement saying there are protocols for any foreign government whose officers and officials want to enter its territory for non-criminal enforcement or non-emergency activities.

The statement said they had contacted the U.S. Department of Homeland Security in November to ensure they were aware of those protocols, and had requested a face-to-face meeting with officials at ICE’s office in Buffalo, N.Y.

The Seneca Nation did not respond to requests for comment by CBC Indigenous by time of publishing.

In an emailed statement last week, an ICE spokesperson said Department of Homeland Security and ICE interactions with the Seneca Nation “respect and strictly adhere to the Treaty of Canandaigua.”

The 1794 Treaty of Canandaigua between the Grand Council of the Six Nations and the United States of America established peace and friendship and affirmed Haudenosaunee land rights in the state of New York.

The ICE statement said the department will ensure its operations were conducted in an appropriate and lawful manner.

“We also advise our teams of the established protocols for contacting the Seneca Nation regarding enforcement action, if necessary,” the statement said.

The statement said the Department of Homeland Security’s Senior Advisory for Indian Affairs planned to meet with the Seneca Nation in the coming days.

ICE officials did not say to what extent its agents were aware of the relationship Indigenous nations have with the United States government.