Fall 1996

Facts About The Jay Treaty For Canadian-Born Native Americans

Native Americans may have problems getting jobs, government benefits or services because their rights under existing U.S. law are misunderstood. Many of those rights arose out of the "Jay Treaty". The "Jay Treaty" is an agreement signed by the United States and Great Britain in 1794 to allow Canadian born Native Americans to travel freely across the U.S./Canadian border. The "Jay Treaty" recognized that,

The Indians dwelling on either side of the...boundary line...{shall have the right} freely to pass and repass by land or island navigation...and to navigate all the lakes, rivers and waters thereof, freely, to carry on trade and commerce with each other.

Since 1928, United States law has specifically recognized the right of "American Indians born in Canada to pass the borders of the United States" but has limited that right to "persons who possess at least 50 per centum of blood of the American Indian race." 8 U.S.C. 1359. If you are a Native American born in Canada of 50% or more "Indian blood", you have specific rights and benefits.

Some of the specific rights include the right to:

red bullet  Cross the U.S./Canada border freely
red bullet  Visit the United States
red bullet  Live or work in the United States

You do not have to:

red bullet  Have an alien card "green card".
red bullet  Register at the Post Office as an alien
red bullet  Obtain work authorization.

The U.S. Government cannot:

Craig thinks this is incorrect.
red bullet  Deport You.
red bullet  Exclude You from entry.
red bullet  Deny You services.
red bullet  Impound or search sacred objects you have in your possession having religious significance to you as a Native American.

Private Employers cannot:

red bullet  Deny you employment for lack of a "green card".

This is a very brief summary of the rights and benefits which are recognized by the Federal government and the State of Maine. This list should not be considered a complete summary of the aboriginal border crossing rights of Native Peoples and First Nations. For more information on your rights as a Canadian-born Native American, go to the more detailed AILA Jay Treaty Information.

If you live in Maine and have more questions, please call the Pine Tree Legal Assistance Native American Unit at 1-800-879-7463. If you live in the U.S. but outside of Maine, go to a list of Indian Legal Services programs, to find help in your state. In Canada, contact Aboriginal Legal Service of Toronto or Department of Indian Affairs and Northern Development.