Indigenous leaders on both sides of the border are providing guidance to their communities on how to handle encounters with U.S. Immigration and Customs Enforcement (ICE) officials.
The Blackfoot Confederacy in Alberta, which also extends into North Dakota, shared important information with its members this week. Similarly, Grand Council Treaty 3, located near Minnesota, issued a statement last week advising its members in or traveling to the U.S. to exercise caution.
Both groups recommended carrying proof of citizenship or status.
According to Dan Morriseau, a political advisor for Grand Council Treaty 3, the council collaborated with Indigenous Services Canada to expedite the application process for the Secure Certificate of Indian Status card for individuals facing urgent situations or residing in the U.S. This effort aims to reduce processing times to two to four days. Morriseau highlighted that these status cards possess security features and are machine-readable like passports.
The Assembly of First Nations reiterated its commitment to safeguarding First Nations’ inherent and Jay Treaty rights for cross-border mobility in a recent social media post. They advised members traveling to the U.S. to have valid identification, including their status card or Canadian passport.
The Native American Rights Fund (NARF) has developed informational materials for individuals or organizations approached by ICE. Beth Wright, a NARF staff attorney from the Pueblo of Laguna tribe in New Mexico, emphasized that ICE lacks jurisdiction over U.S. citizens, including many tribal members. She underscored the unique government-to-government relationship between tribal nations and the U.S., emphasizing the U.S.’s responsibility to protect tribal rights and sovereignty.
NARF recommends that Native American individuals carry identification, be truthful with agents, avoid physical resistance, and exercise the right to remain silent. They also emphasized that ICE agents must possess a judicial warrant signed by a judge to enter a residence, not just an administrative warrant signed by an agent.
In a recent statement, the president of the Seneca Nation in New York addressed protocols for foreign government officers entering their territory for non-criminal enforcement or non-emergency activities. The Seneca Nation had reached out to the U.S. Department of Homeland Security to ensure compliance with these protocols. ICE confirmed that their interactions with the Seneca Nation respect and adhere to the Treaty of Canandaigua, a historic agreement affirming Haudenosaunee land rights in New York.
ICE highlighted its commitment to conducting operations in a lawful manner and respecting established protocols when contacting the Seneca Nation. The Department of Homeland Security’s Senior Advisory for Indian Affairs was scheduled to meet with the Seneca Nation to discuss these matters further.
ICE officials did not specify the extent of their awareness regarding Indigenous nations’ relationships with the U.S. government.
