×

Gillibrand bill aims to end blood quantum rule

WASHINGTON — Senator Kirsten E. Gillibrand has put forward a bill that would eliminate the blood quantum rule that requires Native Americans to prove they have at least 50% Native ancestry in order to freely cross the U.S.-Canada border.

Federally recognized Native American nations located near to the U.S.-Canada border have the right to cross the international boundary without border documents like a passport — a right that was established by the 1794 Jay Treaty but not always upheld.

Those interested in crossing back into the U.S. from Canada have been required to show documents obtained through the U.S. Department of the Interior that show they have at least 50% Native American ancestry since 1952.

Gillibrand argues that requirement is unnecessarily difficult to meet — extensive documentation is required by the DOI, which is not always available for Native American people whose ancestors were forcibly removed from their homes by the U.S. government.

“For far too long, our border tribal communities have had to deal with the outdated, unjust requirement to prove their heritage just to travel across the border,” Gillibrand said. “It is time to change this outdated policy and make it easier for tribal members to exercise their treaty right to travel across the border.”

Under the bill introduced by Gillibrand and Senator Steven D. Daines, R-Mt., tribal members would only have to show their tribal ID to cross the border back into the U.S. without further documentation. The Canadian government never had similar requirements in place, as the country has never formally used the concept of a “blood quantum” to characterize Native residents.

It has the support of the leaders of the St. Regis Mohawk Tribe, which sits on land that straddles the U.S.-Canada border in Franklin and St. Lawrence Counties as well as southern Ontario and Quebec in Canada.

In a joint statement shared by the Senator, Chiefs Beverly K. Cook, Michael L. Conners and Ronald LaFrance Jr. said they were grateful the bill was coming forward.

“Nia:wen/thank you to Senators Gillibrand and Daines for listening to our experiences at the border and supporting parity in border crossing rights for our tribal members,” the three Chiefs said. “We have worked hard for over a decade to arrive here and this could not have been accomplished without working together through bipartisan efforts to change the Immigration and Nationality Act. No American Indians born in Canada exercising their Jay Treaty rights should be required to show proof of sufficient blood quantum when entering the U.S.”

The bill is also supported by the Jay Treaty Border Alliance, the National Congress of American Indians and the National Council of Urban Indian Health. Companion legislation was introduced in the House by Representatives Russell M. Fulcher, R-Id. and Derek C. Kilmer, D-Wash.

Starting at $4.75/week.

Subscribe Today