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Immigration
Newswire
Volume 4, Issue 11
August 3, 2005
Special
Rights of American Indians to Travel Between the
United States and Canada
Since
its amendment in the 1928, the Immigration and Nationality
Act has permitted American Indians who were born in Canada
of at least 50% native blood to enter the United States
without restriction. Current section 289 of the Act states,
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.
The
Board of Immigration Appeals (BIA) has construed the word
"nothing" in Section 289 to mean that American
Indians cannot be deported from the United States for any
reason. For example, Matter of Yellowquill came
before the BIA in 1978 on Yellowquill's appeal from a deportation
order. She had been convicted for unlawful possession of
heroin. The court concluded that while her offense would
have clearly made another alien deportable from the United
States, it did not render an American Indian deportable.
It held, "American Indians born in Canada who are within
the protection of section 289 of the Act are not subject
to deportation on any ground. " The logic of this case
also dictates that American Indians not be found inadmissible
to the United States for any reason.
An
American Indian born in Canada is entitled to Permanent
Resident status in the U. S. and can obtain form I-551 ("green
card") simply by requesting it from USCIS, usually
at a port of entry. Form I-181 is prepared by USCIS noting
the record of admission. Native Americans are not required
to obtain permanent residence to live and work in the United
States. However, it can make the process of obtaining work
and other benefits easier.
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