Canada Issues New Border Warning: Indigenous Travelers Urged to Carry Passports for US Entry

For centuries, the border between Canada and the United States has been described by Indigenous peoples as an “artificial line”—a political construct that sliced through ancestral lands, separating families, cultures, and nations. From the Mohawk in the east to the Ojibway in the Great Lakes region, the right to move freely across this boundary has been a sacred pillar of their identity, protected by historical treaties.

However, in February 2026, that historical certainty faced a modern reality check. In a significant policy shift, Indigenous Services Canada (ISC) updated its travel guidance, “strongly recommending” that Indigenous and First Nations people now carry a valid passport when traveling to the United States.

This move marks a departure from decades of practice and signals a tightening of the North American border that challenges long-held mobility rights.

The Legacy of the Jay Treaty

To understand why this change is so impactful, one must look back to 1794. The Jay Treaty, signed between the newly formed United States and the British monarchy, was intended to settle outstanding issues following the American Revolution. One of its most enduring provisions was the guarantee that Indigenous peoples could cross the border freely for trade and travel.

For generations, this meant that a “Secure Certificate of Indian Status” (commonly known as a secure status card) was the only document needed. It was a symbol of recognition that the Indigenous people of this land existed long before the current nations of Canada and the U.S. were even concepts.

The 2026 Shift: Why Now?

The updated guidance from ISC, issued on February 19, 2026, is a response to an increasingly unpredictable border environment. While the Jay Treaty remains in force, the practical application of it at the border has become a point of friction.

The ISC’s new stance is clear: “Acceptance of all status cards is entirely at the discretion of US officials.” This warning follows a string of reported incidents where Indigenous travelers—holding perfectly valid status cards—were subjected to interrogation, lengthy detainments, and, in some cases, mistreatment by US Immigration and Customs Enforcement (ICE) agents. In a post-2024 political climate where US border security has become a focal point of domestic policy, the “informal” recognition of treaty rights appears to be eroding in favor of strict, standardized digital documentation.

The Human Cost of “Standardization”

The recommendation to carry a passport is not just a change in paperwork; it is a cultural and financial burden. Not all Indigenous and First Nations people in Canada hold passports. For many, the refusal to obtain a Canadian or US passport is a matter of principle—an assertion that they belong to a sovereign nation that predates both.

By “strongly recommending” a passport, the Canadian government is essentially telling Indigenous citizens that their treaty-protected status cards may no longer protect them from the stress of a border interrogation. For a Mohawk family in Ontario wanting to visit relatives in New York, the border has suddenly become much “harder.”

Law firm MLT Aikins recently noted that the right to free movement is essential for the “continuation of community, culture, and kinship.” When a traveler is forced to choose between their historical rights and the convenience of a passport, the “artificial line” becomes a very real barrier.

What Travelers Need to Know

If you are an Indigenous or First Nations person planning to cross into the U.S. in 2026, here is the current landscape:

1. The Status Card is Still Legal: Technically, the secure status card remains a valid document under the Jay Treaty and Canadian law.
2. The US Discretion Factor: US Border Patrol agents have the final say. Without a passport, you are more likely to face secondary screening or be denied entry if the agent on duty does not recognize the status card as sufficient.
3. Safety First: The Canadian government’s recommendation for a passport is a “safety net” intended to prevent travelers from being stranded or mistreated.
4. Reporting Incidents: If you experience mistreatment at the border while using a status card, Indigenous organizations are encouraging travelers to document the interaction and report it to both ISC and legal advocacy groups.

A Border in Transition

The 2026 update reflects a broader trend in global travel: the death of the “exception.” In an age of biometrics and digital eVisas, the unique, treaty-based rights of Indigenous people are being squeezed by a system that prefers uniformity.

While Canada’s advice is framed as a helpful suggestion to ensure “hassle-free” travel, many in First Nations communities see it as a quiet surrender of treaty rights. As the U.S. continues to tighten its entry requirements, the challenge for Indigenous nations will be maintaining their ancestral connections in a world that increasingly demands a passport to prove who you are.

The post Canada Issues New Border Warning: Indigenous Travelers Urged to Carry Passports for US Entry appeared first on Travel And Tour World.