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Issue 1 2026 – Chiefs of Ontario Advocate magazine  l   29
of Canada now strongly recommends 
Indigenous Peoples not only carry their 
Indian Status cards and blood quantum 
papers, but also a Canadian passport. 
That’s a lot of identification to be carrying 
around in one’s pockets. The Assembly 
of First Nations has also cautioned First 
Nations citizens after hearing word of 
negative encounters at the border or 
with U.S. Immigration and Customs 
Enforcement (ICE). Individual First 
Nations like Mississauga First Nation, Six 
Nations of the Grand River and Garden 
River First Nation have issued cautions of 
their own about crossing the border, or 
have outright advised against it.
Those cautions and warnings came 
after hearing about three Oglala Sioux 
Tribe members who were detained by 
ICE in January 2026. The Associated 
Press reported that the president of their 
Tribe, Frank Star Comes Out, issued a 
memorandum to Homeland Security 
requesting information on their Tribal 
citizens. But the government arm refused 
to release information about the men 
unless the Oglala Sioux Tribe entered 
into an immigration agreement with 
ICE. The Tribe refused because they are 
not immigrants.
That wasn’t the only incident that 
happened to Indigenous Peoples in their 
homelands – there have been reports 
of harassment and, in some cases, even 
detainment. To encourage Tribal citizens 
to bolster their Tribal identification, 
more places have been established for 
people to apply for their Tribal ID 
cards. Mary LaGarde, executive director 
of the Minneapolis American Indian 
Center, told the Associated Press, “I 
never thought that I’d have my Tribal ID 
hanging around my neck, but I do.”
With all of the recommendations to 
pad one’s wallets with extra identification, 
including long-form birth certificates, 
the Jay Treaty Border Alliance (JTBA) 
has been working on navigating this 
new and complex landscape. The JTBA 
was established in 2017 to project and 
advance the rights of Indigenous Peoples 
to freely cross the Canada-U.S. border 
under the Jay Treaty. (Coincidentally, the 
year of JTBA’s establishment also marks 
the beginning of President Trump’s first 
term in the oval office.) The JTBA is 
comprised of four co-chairs, two from 
each side of the medicine line. Ontario 
Regional Chief Benedict is one of them, 
and being from Akwesasne – which 
straddles the borders between Ontario, 
Quebec and New York – he has special 
insight on jurisdictional issues.
The JTBA has developed some 
guidance documents for crossing the 
border, including a travel advisory and 
template blood quantum letter for First 
Nations and their citizens. The document 
includes a list of recommended 
identifications (blood quantum letter, 
Indian Status card, tribal enrollment 
card, etc.), and also outlines a suggested 
statement in case one is questioned  
by authorities.
The JTBA doesn’t agree with Canada 
that a Canadian passport is necessary 
when crossing that medicine line. 
“Canadian citizens have a privilege to 
enter the United States, not a right,” 
Regional Chief Benedict says.  
Visit jaytreatyborderalliance.com to 
learn more about your rights under the Jay 
Treaty or utilize JTBA’s resources. 

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