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uphold the right of American Indians who are citizens of Canada to immigrate, as guaranteed by the Jay Treaty of 1794.

Created by M.G. on August 27, 2014

American Indians who are citizens of Canada have a treaty right to cross the border, live, and work in the United States. This right used to be upheld by the Immigration and Nationality Act of 1928, but it was modified in 1952 to require that people prove they have at least "50 per centum of blood of the American Indian race." Tribe or band members who clearly look Indian are told they aren't "Indian enough" to have a right to maintain cross-border contact.

General counsel for the INS had “no idea” why the blood quantum requirement was added and this change may have been because of "the national policy of Indian termination, which began in the 1940s" according to the Border Policy Research Institute.

Please restore the 1928 eligibility criteria so cross-border communities aren't split.

Civil Rights & Equality
Immigration
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