Jay Treaty Border Crossing Rights for Native Americans

Jay Treaty border crossing rights let American Indians born in Canada enter, live, and work in the United States without a visa or green card application, provided they can show at least 50 percent American Indian blood. Federal law (Section 289 of the Immigration and Nationality Act) treats a qualifying person as a lawful permanent resident from the moment they take up residence in the U.S., with access to employment and certain federal benefits that other noncitizens cannot reach.¹

Who Qualifies

Two conditions have to be met, and both are strict. You must have been born in Canada, and you must possess at least 50 percent blood of the American Indian race.¹ Tribal enrollment on its own is not enough. Cultural ties, community membership, and living near the border do not substitute for the blood quantum requirement.

The 50 percent threshold measures total American Indian ancestry, not membership in any one nation. A child of a parent who is 50 percent Mohawk and a parent who is 50 percent Cree meets the threshold. What counts is the combined Indigenous percentage.

Affiliation gained through marriage or adoption does not count. USCIS policy states plainly that a person whose tribal connection exists only through marriage or adoption is not eligible for permanent residence under this provision.² Spouses of enrolled tribal members sometimes assume their partner’s status carries immigration benefits. It does not.

One boundary worth naming: children born in the United States to a Jay Treaty–eligible parent are U.S. citizens by birth. The blood quantum question only comes up for people actually born in Canada.

Documents to Bring to the Border

Your paperwork has to prove two things: that you were born in Canada, and that you have at least 50 percent American Indian blood. U.S. Customs and Border Protection accepts several kinds of evidence, and travelers do not need every item, only enough for the officer to confirm both facts.³

An identification card from the Ministry of Indian and Northern Affairs (a status or INAC card).
A written statement on tribal letterhead from a tribal official that specifically states the percentage of American Indian blood you possess, based on official tribal records.
A civil long-form birth certificate showing both parents’ names, paired with tribal records.
Photo identification such as a driver’s license or passport to confirm identity.
A WHTI-compliant secure tribal photo document that CBP can electronically verify at ports of entry.

In practice the strongest combination is a long-form birth certificate together with an official tribal letter that states blood percentage. Organized, clearly labeled documents cut down the odds of being sent to secondary inspection.

What Happens at the Border

At a land or sea port of entry, CBP officers review your documents to confirm identity, Canadian birth, and blood quantum. Expect a short interview about where you are going and what you are carrying.

Article III of the treaty also exempts personal goods from duty. Indians “passing or repassing with their own proper Goods and Effects of whatever nature” are not required to pay any impost or duty on those items.⁴ The exemption covers personal belongings and small-scale trade goods. It does not cover bulk commercial shipments; the treaty specifically excludes goods in bales or other large packages from the definition of personal effects.

Living in the U.S. as a Permanent Resident

A qualifying person who enters the U.S. and takes up residence here is treated as a lawful permanent resident under federal regulations, with the same legal standing as someone who obtained a green card through the standard process.⁵ You can live and work anywhere in the country indefinitely.

To formalize that status, you can obtain a Permanent Resident Card (Form I-551) bearing the classification code S13, which identifies the holder as an American Indian born in Canada admitted under INA Section 289.² The card is not strictly required to cross the border, but it makes every later interaction with employers, benefit agencies, and financial aid offices much simpler.

Working in the United States

Permanent resident status under Section 289 includes full authorization to work. There is no separate work permit. The catch is Form I-9, the document every U.S. employer has to complete when hiring you.

Canadian First Nation documents and INAC status cards are not accepted as List A, List B, or List C documents for Form I-9.⁶ A tribal card that got you across the border will not, by itself, prove work authorization to a U.S. employer. You will need to present standard acceptable documents, most easily the I-551 card with code S13. This is the practical reason to go ahead and obtain the formal card.

Federal Benefits

Federal law generally restricts noncitizens from several major benefit programs, and then carves out a specific exception for American Indians born in Canada who qualify under Section 289. The exception covers both Supplemental Security Income and Medicaid, and unlike other noncitizens, Canadian-born American Indians are not subject to waiting periods or work-history requirements for these programs.⁷

The Social Security Administration can make its own lawful permanent resident determination based on evidence of at least 50 percent American Indian blood and Canadian birth. Where there is no DHS-issued document, SSA accepts a birth certificate from the Canadian reservation or a letter issued directly by the tribe.⁸ Important wrinkle: SSA will not accept the Canadian Certificate of Indian Status (“Band” card) or other documents not issued directly by your tribe. A card that works at the border can be rejected at the Social Security office.

SNAP is the moving piece. Under the reconciliation law enacted in 2025, SNAP eligibility for noncitizens was narrowed to lawful permanent residents, certain Cuban and Haitian immigrants, and citizens of Compact of Free Association nations. American Indians born abroad who previously qualified under a separate category may no longer be eligible unless they have formally adjusted to LPR status with documentation such as the I-551 card. Anyone relying on Jay Treaty rights for SNAP should contact their local SNAP office to confirm current eligibility, because implementation is still catching up.

Federal student aid is also open to qualifying individuals. The Department of Education recognizes the I-551 card with code S13, or a temporary I-551 stamp with code S13 in a Canadian passport or on an I-94, as valid documentation for Title IV financial aid.⁹

Canada Does Not Recognize These Rights

The border-crossing right runs only one direction. The Supreme Court of Canada has held that the Jay Treaty is not currently in force in Canadian domestic law.¹⁰ Under Canada’s Immigration and Refugee Protection Act, only Canadian citizens, permanent residents, and persons registered under the Indian Act have a legal right to enter and remain in Canada. U.S.-born Indigenous people outside those categories are treated as foreign nationals and must meet standard immigration requirements to enter, work, or study in Canada.

For communities that straddle the border, including the Mohawk Nation at Akwesasne and the Blackfoot Confederacy, the result is an asymmetry: a Canadian-born member can freely enter the United States under the treaty, while an American-born member has no matching right to enter Canada without Canadian citizenship, permanent residency, or Indian Act registration. The Canadian government has consulted on possible legislative changes, but as of 2026 no amendments have been enacted.

1
Office of the Law Revision Counsel. 8 USC 1359 – Application to American Indians Born in Canada
2
U.S. Citizenship and Immigration Services. USCIS Policy Manual Volume 7, Part O, Chapter 5 – Other Special Laws
3
U.S. Customs and Border Protection. Do Native Americans Need Documents to Enter the United States?
4
The Avalon Project. Treaty of Amity Commerce and Navigation
5
eCFR. 8 CFR Part 289 – American Indians Born in Canada
6
U.S. Citizenship and Immigration Services. Handbook for Employers M-274, 7.2 Native Americans
7
Office of the Law Revision Counsel. 8 USC 1612 – Limited Eligibility of Qualified Aliens for Certain Federal Programs
8
Social Security Administration. SI 00502.105 Exemption from Alien Provisions for Certain Noncitizen Indians
9
Federal Student Aid. American Indian Born in Canada (Formerly Jay Treaty Student) Student Eligibility
10
Government of Canada. Indigenous Mobility and Canada’s International Borders: Reflecting Back and Looking Forward