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    History: You Meet The Appropriate Agency Guidelines

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    Nuqman Tehuti El
    North American Indians born in Canada are entitled to free passage rights under the 1794 Jay Treaty and U.S. law if they can show at least 50% Indian blood. To establish these rights, one must provide a Canadian birth certificate, tribal documentation of Indian status, and photo ID. These free passage rights allow qualifying individuals to cross the border freely and access public benefits in the United States. Questions can be directed to Legal Services of North Dakota.

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    History: You Meet The Appropriate Agency Guidelines

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    Nuqman Tehuti El
    80 views2 pages
    North American Indians born in Canada are entitled to free passage rights under the 1794 Jay Treaty and U.S. law if they can show at least 50% Indian blood. To establish these rights, one must provide a Canadian birth certificate, tribal documentation of Indian status, and photo ID. These free passage rights allow qualifying individuals to cross the border freely and access public benefits in the United States. Questions can be directed to Legal Services of North Dakota.

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    North American Indians born in Canada are entitled to free passage rights under the 1794 Jay Treaty and U.S. law if they can show at least 50% Indian blood. To establish these rights, one must provide a Canadian birth certificate, tribal documentation of Indian status, and photo ID. These free passage rights allow qualifying individuals to cross the border freely and access public benefits in the United States. Questions can be directed to Legal Services of North Dakota.

    Copyright:

    © All Rights Reserved
    Download as PDF, TXT or read online from Scribd
    Download as pdf or txt
    80 views2 pages

    History: You Meet The Appropriate Agency Guidelines

    Uploaded by

    Nuqman Tehuti El
    North American Indians born in Canada are entitled to free passage rights under the 1794 Jay Treaty and U.S. law if they can show at least 50% Indian blood. To establish these rights, one must provide a Canadian birth certificate, tribal documentation of Indian status, and photo ID. These free passage rights allow qualifying individuals to cross the border freely and access public benefits in the United States. Questions can be directed to Legal Services of North Dakota.

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    © All Rights Reserved
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    Download as pdf or txt
    of 2

    Free Passage Rights Of North Who Is Entitled To Free Passage  Under the Western Hemisphere Travel

    Initiative (WHTI), a higher standard of


    American Indians Born In Rights As A North American identification is required. The
    Canada Under The Jay Treaty Indian Born In Canada? Department of Homeland Security
    continues to accept prior issued photo
    And 8 U.S.C.A. § 1359  A North American Indian from a First identification tribal cards until better
    Nations Band or Inuit, who can show at complying cards are available. The
    HISTORY least 50% Indian Blood. better card is a proposed Secure
    Certificate of Indian Status (SCIS) card
     The Jay Treaty of 1794 between the United  This does not include non-Indians adopted that are anticipated during 2010.
    States and Great Britain recognized the into North American Indian families but
    right of North American Indians to cross the only those individuals possessing 50% or
    international border between Canada and more Indian blood per centum.
    the United States.
     The Métis are generally not allowed free
     Some historians and legal scholars argue passage rights; however, in some cases,
    that the treaty was abrogated by the War of documents of Métis descent combined
    1812, but modern jurisprudence continues with other documentation may satisfy the
    to reference the Jay Treaty in their analysis statutory blood requirement.
    of North American Indian free passage
    rights.
    What Documents Must Be
     The signing of the Treaty of Ghent in 1814
    reinstated the free passage rights of North
    Produced To Establish Oneself What Do Free Passage Rights
    American Indians that may or may not As A Qualifying Canadian Born For North American Indians
    have been abrogated by the war. North American Indian? Mean Today?
     The Immigration Act of 1924 caused North  Canadian Birth Certificate (long form)
    American Indians some problems crossing You have the right to:
    the border, since it failed to mention or  Documentation either from the Ministry of
    recognize the right of free passage.  Cross the US/Canada Border freely.
    Indian and Northern Affairs or a written
    statement from an official of the tribe from
     In April of 1928, Congress added the free  Live and work in the US.
    which you or your ancestors originate -
    passage right of North American Indians substantiated by documentary evidence
    into 8 U.S.C.A. § 1359 in response to the  Be eligible for public benefits, such as
    (tribe records and civil long form birth
    Immigration Act of 1924, which restricted Medicaid, Supplemental Security Income
    certificate bearing names of parents).
    access to the United States. Such a statement would be on the tribe's (SSI), Medicare, Unemployment Benefits
    and other Public Assistance, provided
    official letterhead and should explicitly
     8 U.S.C.A. § 1359 states, “Nothing in this you meet the appropriate agency
    state what percentage North American
    subchapter shall be construed to affect the guidelines.
    Indian blood you or your parents possess,
    right of American Indians born in Canada based on official documents/records.
    to pass the borders of the United States,  Register for college or university as a
    but such right shall extend only to persons  Photographic identification, such as a “domestic student” in the US.
    who possess at least 50 per centum of driver's license, tribal identification card or
    blood of the American Indian race.” You are not exempt from paying duties on
    passport.
    goods when crossing borders.
    Who Do I Contact
    With Additional Questions?
    Web Resources Call: 1-800-634-5263
    http://www.ptla.org/wabanaki/jaytreaty.htm
    Seniors 60 and over Call
    1-866-621-9886 Free Passage
    http://ww.consular.canada.usembassy.gov/
    first_nations_canada.asp Legal Services of North Dakota Rights of
    http://www.cbp.gov/xp/cgov/travel/vacation/
    ready_set_go/whti_bg/land_sea/
    Bismarck Law Office
    418 E Broadway #7
    North
    http://www.aboriginallegal.ca
    Bismarck, ND 58501 American
    Fargo Law Office
    112 N University #220, PO Box 1327 Indians Born
    Fargo, ND 58107-1327
    in Canada
    Minot Law Office
    20 - 1st St SW #201
    Minot, ND 58701

    New Town Law Office


    345 Main St, PO Box 217
    New Town, ND 58763-0217

    Belcourt Law Office


    BIA Road 7 Bldg 85, PO Box 1365
    DISCLAIMER: This information is not legal
    Belcourt, ND 58316-1365
    advice. If you have a legal problem, you
    should talk to a lawyer and ask for advice
    about your options.

    July 2010
    General Information - Flyer #929
    Published by Legal Services of North Dakota

    You may apply for legal services by


    LSND would like to thank UND Law Student
    completing our online website application.
    John Ward for his significant contribution to this
    brochure. Visit our website at www.legalassist.org

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