Canadians who can prove at least 50% Indigenous ancestry (First Nations, Métis or Inuit) interested in studying in the United States should be aware of their “Jay Treaty rights,” which include the right to live, work, and study in the U.S. This right is recognized by the Jay Treaty, and subsequent legislation, including the Immigration and Nationality Act of 1952 § 289. By exercising their border-crossing rights, qualifying Indigenous Canadian students may be able to:
- Cross the U.S.-Canada border to study at a U.S. college or university,
- Apply for in-state tuition discounts at a U.S. college or university (residence requirements for in-state tuition will vary by state),
- Apply for a U.S. social security number, allowing them to work and apply for federal student aid, and/or
- Apply for Permanent Residence in the U.S.
In addition to learning about the nearly 5,000 accredited U.S. colleges and universities, Indigenous Canadian students may be interested in reviewing U.S institutions that enroll large numbers of Native American students and offer specialized programs of study. These schools include Tribal Colleges and Universities (TCUs) and Native American-Serving Non-Tribal Institutions (NASNTIs). Before or after you enter the U.S. exercising your indigenous border-crossing rights, you can apply to a U.S. college or university. Application processes will vary, so be sure to check with your high school counselor or EducationUSA adviser.
To exercise Jay Treaty rights, students should gather the required documentation and be prepared to explain their rights to the U.S. Customs and Border Protection agents at the U.S.-Canada border crossing (“port of entry”). Required documentation would include an identification card from Crown-Indigenous Relations and Northern Affairs Canada (CIRNAC), a Letter of Ancestry from CIRNAC, and a written statement from an official of the tribe from which their ancestors originate, substantiated by documentary evidence (tribe records and civil long-form birth certificate bearing the names of both parents). Such a statement would be on the tribe’s official letterhead and should explicitly state what percentage Indigenous blood their parents possess, based on official records. The student should also provide photographic identification, such as a driver’s license or passport. You can find more information on documentation requirements on this website.
For more information about Jay Treaty rights and studying in the United States, consult the following sources: