What is the Jay Treaty?

Throughout history Native American tribes and nations have asserted their aboriginal rights, as individuals and in groups, to pass freely across what is now the northern boundary of the United States. International treaties and current U.S. federal law recognize the legal right of Indians born on the Canadian side of the border to live and work in the United States. Still, Native Americans encounter problems obtaining jobs, government benefits and services because their right under the 1794 JAY TREATY, and existing U.S. law are misunderstood.

SPECIFIC RIGHTS

If you are a Native American born within the boundaries of Canada:

You have the right to:

• Cross the U.S./Canada border freely

• Visit the United States.

• Live/work in the United States.

• Obtain public health benefits, such as unemployment and food stamps.

• Obtain social services.

You do not have to:

• Have an alien card (a "green card")

• Register at the Post Office as an alien.

• Obtain a work permit.

The government cannot:

• Deport you.

• Exclude you from entry.

• Deny you services.

• Impound or search sacred objects you have in your possession having religious significance to you as a Native American.

Private employers cannot:

• Deny you employment for a lack of a "green card".