From CFTK TV:
VANCOUVER – A Canadian aboriginal who has spent months fighting with U.S. Customs for his treaty right to cross the border freely has been given an American green card once again.
But Peter Roberts’ lawyer expects more First Nations will run into challenges at the border, despite a 200-year-old treaty granting free border access rights to North American aboriginals crossing into the United States.
Roberts, a Tsawwassen, B.C. dentist, invoked his Jay Treaty rights last year when border guards at the Point Roberts, B.C. border crossing questioned his status.
Roberts has fair skin and curly hair from his Ukrainian mother, but is also 50 per cent Campbell River Indian from his father.
Under the Jay Treaty, as long as a native can prove they have at least 50 per cent aboriginal blood, they have a right to cross the U.S.-Canadian border freely and live and work in the United States.
Roberts was due for a full hearing before an immigration judge Friday but his lawyer, Len Saunders, has been told Roberts has been allowed back as a permanent resident under a different green card designation.
During a hearing in January, a lawyer for U.S. Immigration and Customs Enforcement told the judge documents from Roberts’ paternal grandmother submitted to immigration officials decades ago said her own father was Irish.
Saunders said U.S. government documents show Roberts was admitted originally in the 1960’s not as a Jay Treaty green-card holder, but in another “obscure” category.
“In my mind there’s really no difference,” Saunders said.
“Unfortunately the whole Jay Treaty, American-Indian born in Canada, was not decided. We didn’t concede anything, the government didn’t concede anything.”
Because North American aboriginals aren’t considered immigrants, Jay Treaty natives don’t need a green card, but they do qualify for a card.
Saunders predicts there will be many more such confrontations at U.S. border crossings.
“At some point in the future maybe these Jay Treaty claims will be litigated. But maybe this wasn’t the case to do it,” he said.
He wondered what will happen when new passport requirements are brought in in June, 2009.
“We’ll if I’m First Nations and have a claim to Jay Treaty benefits, does that mean that I have to get a Canadian passport to enter the U.S.?” he asked.
“Are they going to make every First Nation person in Canada get a passport? I don’t think they can – who’s going to litigate that?” Saunders said.
An online publication by the American Indian Law Alliance based in New York gives advice, tips and rights to aboriginals on border crossing.
“Appearance can make a difference,” the document states. “Our research shows that if you ‘look Indian,’ the (U.S. immigration) officer may require less documentation.”
4 Comments
February 17, 2009 at 6:33 pm
I have entered the United States as a visitor granted by the border patrol. They told me that I would have to apply as a PR(permanent resident). I was under the impression that I was able to live and work in the US and be granted a green card or I-551. I have been given forms to apply for PR status but I am hesitant in following through due to my situation.
February 17, 2009 at 6:36 pm
I am a Canadian First Nations Indian. I would like to know how to go about getting a I-551 green card?
September 28, 2009 at 3:00 pm
For the past year, I have been trying to cross the US border via the Jay Treaty as a “Native North American citizen”. According to USA info on line – all is needed is your INAC card (Indian Northern Affairs Canada). However, each time I cross I am told I need “another document”. I have presented my passport with my INAC card – and it still is not acceptable—they said I now need a letter from my band chief- and they evcn questioned the identity of my tribe! They also said I need to get 3 passport photos – I do not know why since I had a passport. My border wait is usually 2 hours or more and my vehicle is searched, etc. I do think Native Canadians need to have a “Standby Lawyer” from the AFN for our issues. Also, it would be interesting to know how many natives have actually been admitted on the Jay Treaty and how many have not. A survey would help alot.
Of interest, is that – in Sept I presented my passport and INAC card as mentioned above and they denied my entry – because I did not have a band letter. So, I asked to be admitted under the Visa Waver pass like the other Snowbirds – but I was denied this also for what they state- was “intent to stay”.
I said, I always returned on time, so why should I do that…..they eventually let me go on a two week pass…..
My plan was to retire in the USA in accordance with the Jay Treaty with an old high school American boyfriend.
It is of interest too – that in the Seattle times, Sept 13, 2009 – there is a story on a Canadian girl and her American husband – she was banned from entering the USA due to “intent to stay” too.
The Jay Treaty needs to be honored.
October 7, 2009 at 11:57 am
This treaty like all our treaties needs to be honored. I agree we (the citizens of Indian,Metis and Inuit nations) would greatly benefit from legal services provided by the AFN. Liken it to a Canadian ambassador of sorts, with 24hr.service for our people.
As it stands we are expected to be our own advocates and have an understanding of legalese to simply get through the day….or stand by and watch our rights trampled by the bigots and neo natzi’s who pass themselves off as police officers and border guards.
These types harken back to the days of the Indian agents (some with mere grade school educations) who would, and could negate the rights and freedoms of the reserves residents at will.