A family originating from Inuvik, N.W.T., encountered complications while traveling back from a vacation in Costa Rica last Thursday when U.S. border officials singled out one of their members during a layover in Texas. Harley Minakis, who identifies as Gwich’in, described the incident occurring at the George Bush Intercontinental Airport in Houston during customs processing. After scanning his passport, Minakis was promptly separated from his family and detained in a room for approximately two hours.
Minakis shared that a similar incident had taken place in 2013 due to a past offense when he was held in the U.S. for possessing marijuana in Canada back in 2001 or 2002. Despite possessing his Canadian passport, status card, and tribal identification from the Gwich’in Tribal Council this time, he was informed by U.S. authorities that he was prohibited from entering the state based on the previous charge.
During the ordeal, Minakis was offered a pardon by the U.S. Drug Enforcement Agency (DEA) in exchange for payment, which he declined, asserting that his government did not require him to seek a pardon for the sole offense on his record. Following his detention, he was advised that he was not facing charges or jail time but was being processed by the authorities.
Amid the situation, Global Affairs Canada acknowledged multiple cases of Canadians facing or having experienced immigration-related detention in the U.S., stating that they had received requests for information and support from affected individuals and their families. The governmental response emphasized that each country holds the prerogative to regulate border entry and exit, thereby limiting Canada’s ability to intervene for individuals failing to meet U.S. entry requirements.
Minakis relayed that his wife prompted him to assert his rights under the Jay Treaty after a brief period of detention, leading to the involvement of the Gwich’in Tribal Council and chief to provide the necessary blood quantum documentation. Consequently, he was released in time to catch his flight, but he expressed reluctance to transit through the U.S. in the future and advised caution to others planning similar travels.
In a related development, the Assembly of First Nations released a travel advisory following reports of increased scrutiny and detainment of First Nations citizens, cautioning that federal law enforcement might not recognize Tribal IDs. Keenan Miller from Aboriginal Legal Services highlighted the essential documents required for border crossing under the Jay Treaty, including a declaration of blood quantum, a valid status card, a long-form birth certificate, and a photo ID. Additionally, Global Affairs Canada reiterated the availability of consular assistance for detained Canadian citizens abroad, while attempts to reach the Gwich’in Tribal Council for comment were unsuccessful.
