US Guide Presentation - March.2016

2023-05-011

Travelling, Working and Living in the United States of

America: A Guide for Nova Scotia Mi’kmaq

Prepared by: Angelina AmaralPrepared for: The Tripartite Forum Social Committee

March 31, 2016

2023-05-01The Confederacy of Mainland Mi'kmaq 2

IMPORTANTThis presentation:

Contains general information and educational material for Nova Scotia Mi’kmaq who want to travel, work or live in the United States of America (US).

Provides a plain-language overview to rules, documents and practices that are inherently complex.

This presentation IS NOT: A complete technical description nor an official interpretation of the subjects it

discusses.

This presentation DOES NOT: Provide legal advice; if you have specific legal questions you should contact a

lawyer.

Lawyer Referral Service number: 1 (800) 665-9779 (toll free); or 1 (902) 455-3135 in the Halifax area.


Overview Purpose of the Guide The Jay Treaty

Travelling to the US Working in the US Health Coverage Where you can

access the Guide


Purpose of the Guide To give community members general information, in

plain language, about: The Jay Treaty Border crossing rights, duties and requirements What is needed to travel, work or live in the US

To cerate a greater awareness of our rights in the US under the Jay Treaty.

To assist those who are seeking employment in the US.


Jay Treaty, 1794 Article III

It is agreed that it shall at all times be free to his majesty’s subjects, and to the citizens of the United States, and also to the Indians dwelling on either side of the said boundary line, freely to pass and re-pass by land or inland navigation, into the respective territories and countries of the two parties, on the continent of America.


Canada and the Jay Treaty

The Canadian government has not formally recognized the Jay Treaty.

Canada has not codified the Jay Treaty in Canadian legislation.

The courts of Canada cannot enforce the free passage rights found in the Jay Treaty.

When entering Canada all Canadians are treated the same and are subject to all Canadian customs and immigration laws.


The US and the Jay Treaty

The US has codified the rights and benefits set out in the Jay Treaty within § 289 of the Immigration and Naturalization Act (INA):

§ 289 Nothing in this title shall be construed to affect the right of American Indians born in Canada to pass the borders of the United States, but such right shall extend only to persons who possess at least 50 per centum of blood of the American Indian race.


How do you Prove Blood Quantum?

The US will accept the following as proof of American Indian blood quantum:

A letter from your band government or Membership Clerk stating you have at least 50% blood quantum of the American Indian race.

A Letter of Ancestry from INAC. Letter of Ancestry can be requested from the Genealogical

Research Unit by calling 1 (819) 997-9118; and Documents that set out your lineal ancestors (parents

and grandparents) through whom you get the required percentage of American Indian blood.


What does NOT Prove Blood Quantum

A Certificate of Indian Status card

Band membership Self-identification Recognition within a

community as a member of the band

Status gained by adoption or marriage


How to Access Jay Treaty Rights

If you plan to live or work in the US you should:

1. Present yourself at the border for entry as a permanent resident under Article III of the Jay Treaty.

2. Identify yourself as an American Indian born in Canada.3. Provide the US Customs officer with information on how to

contact your band.4. Provide the US Customs officer with the documents that

prove that you have at least 50% American Indian blood quantum.

5. Provide the US Customs officer with a valid piece of photo ID.


Rights and Benefits in the US under the Jay Treaty

You have the right to: Freely cross the Canada-US border; Live and work in the US; Be eligible for public benefits, such as Medicaid,

Supplemental Security Income (SSI), Medicare, unemployment benefits and other public assistance; and

Register for college or university in the US as a "domestic student" rather than as a "foreign student" (this may result in lower tuition costs).


You do not have to: Be processed for an alien

registration card (green card); Obtain a work permit; or Register for the military.

The US Government cannot: Deport you; Deny you services; or Exclude you from entry.


Travelling to the USDocuments that can be used to enter the US

Canadian Passport NEXUS Card Permanent Resident Card (green card) Birth Certificates Certificate of Indian Status card Secured Certificate of Indian Status card Blood Quantum Letter

NOTE: US Customs and Border Patrol officers do not have to accept a Certificate of Indian Status card as a valid document for entry into the US.


Travelling with Minor Children Consent letters When to carry a custody order Death certificates

Getting Married in the US

1. Are you legally able to get married in Nova Scotia?

2. Have you fulfilled the state marriage requirements?


Crossing the Border with Traditional Items

When travelling across the Canada-US border with traditional items you should: Declare any traditional items on FSW

From 3-177. You should include all eagle parts, items made with leather and any medicinal plants.

Get a letter from your band or the Grand Chief of the Grand Council stating that you are in possession of a traditional item for cultural and ceremonial purposes.

Contact the Department of Natural Resources and apply for a permit to possess eagle parts and other ceremonial items.


Health Coverage in the US

MSI, FNIHB, and NIHB will not provide health care coverage to individuals who are located outside of Canada. If you are planning to leave Canada, for any reason, you should purchase travellers health insurance.

There are many places you can purchase travellers health insurance. The more common sellers include: A travel agent; A Bank (you do not need to have an account

with the bank and can buy the insurance online);

VISA or MasterCard; and The Blue Cross.

It is strongly recommended that if you are diabetic or are travelling with a family member who is diabetic that you or your family member purchase travellers insurance.


Tribal and Band Membership

People of Native heritage can be a registered member of both a Canadian band and an American Indian tribe.

To register as an Indian in the US, you will need to apply to the tribe.

To apply for tribal membership in the US you will have to:

1. Conduct genealogical research to find out which tribe in the US you can claim heritage from.

2. Contact the tribe to see if you are eligible for enrollment in the tribe.

3. Contact the Bureau of Indian Affairs that provides services to the tribe and request a Certificates of Degree of Indian Blood.


Where can the Guide be accessed?

Copies of the Guide will be given to: Each of the 13 First Nation Communities in NS The Nova Scotia Native Women’s Association The Union Of Nova Scotia Indians The Confederacy of Mainland Mi’kmaq The Mi’kmaw Native Friendship Centre

A web formatted version of the Guide can be found on:

The Tripartite Forum website The Confederacy of Mainland Mi’kmaq website The Mi’kmaw Native Friendship Centre website


Thank youQuestions Contact

Mary Jane [email protected]

1-877-892-2424

Prepared By Angelina [email protected]

mailto:[email protected]



US Guide Presentation - March.2016

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