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."

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.