A warning from First Nations on crossing U.S. border prompted by ICE actions

An anti-ICE protester runs through a cloud of tear gas on Tuesday, Jan. 13, 2026, in Minneapolis. (AP Photo/Adam Gray)

The Assembly of First Nations is warning First Nations people to be wary of crossing the border into the United States in response to immigration enforcement raids and the detention of some Indigenous people.

AFN National Chief Cindy Woodhouse Nepinak confirmed that at least one First Nations person had a negative encounter recently with U.S. Immigration and Customs Enforcement, better known as ICE, and that person has since returned to Canada.

Woodhouse Nepinak told The Canadian Press the AFN will not be releasing the person’s name. The case prompted the advocacy body to issue a statement warning First Nations members to make sure they have the right documentation and identification when crossing the border.

“These actions are a violation of our inherent rights and a breach of the Jay Treaty, which guarantees the free passage of First Nations peoples across the border,” Woodhouse Nepinak said.

“We call on (U.S. President Donald) Trump’s administration to fully uphold First Nations peoples’ right to cross the border without harassment or undue hindrance.

“First Nations, as the original peoples, were here on these lands in a good way. And we’ve shared in these lands, not for people to come here and tell us one way or another how to cross.”

Ontario Regional Chief Abram Benedict confirmed Friday morning he was also aware of the First Nations man who was detained by ICE.

“He was returned to Canada and (ICE) did seize his certificate of Indian status,” said Benedict, who is a co-chair of the Jay Treaty Alliance, a body representing tribal governments and First Nations communities on both sides of the border.

“He was lucky that he didn’t have more of a negative interaction with them, and that he wasn’t put into the deportation system … The last thing we want is one of our First Nations citizens being in a detention centre and having to go through this whole rigmarole processing process that can be very intrusive and, frankly, unnecessary."

In a statement, Indigenous Services Canada said it has been made aware that some people have recently reported the confiscation, or damage, of status cards in the U.S. It said the department can issue emergency status cards, and will expedite requests from people who have been affected.

The statement noted that department officials have met with Global Affairs Canada and the Canada Border Services Agency to discuss the situation, including supports for people in the U.S. who need to return to Canada without their status card.

“To date, ISC has not been contacted by the Assembly of First Nations nor the Chiefs of Ontario requesting support to return any individual to Canada,” the department’s statement said.

A statement from Global Affairs Canada, meanwhile, encouraged people travelling to the U.S. to check the Global Affairs website for information specific to Indigenous travellers.

The Kashechewan First Nation in northern Ontario — which was forced to evacuate earlier this month when local water and sewage systems failed — posted on social media that residents evacuated to Niagara Falls, Ont., should refrain from crossing the border into Buffalo, N.Y.

“For the safety and security of its evacuees sent to Niagara Falls, Kashechewan First Nation has passed a motion directing its residents to stay within the Canadian side of the border during this period of time, by order of chief and council,” the First Nation said.

“The reason is due to the current political climate and heightened patrol enforcement measures being undertaken in the U.S.”

Mississauga First Nation also warned its members against crossing the border, citing ICE’s recent detention of Indigenous people.

Three Oglala Sioux Tribe members were detained at a homeless encampment by ICE agents in Minnesota earlier this year.

And last year, elected leaders of the Navajo Nation said tribal citizens in Arizona and New Mexico had reported being stopped and detained by ICE officers.

In November, a member of the Salt River Pima-Maricopa Indian Community in Arizona who had been arrested in Iowa was scheduled to be deported before the error was caught and she was released.

That same month, Elaine Miles — a member of the Confederated Tribes of the Umatilla Indian Reservation in Oregon and an actress known for her roles on “Northern Exposure” and “The Last of Us” — said she was stopped by ICE officers in Washington state who told her that her tribal ID looked fake.

“Chief and council of Mississauga First Nation strongly condemn these actions. Members travelling to the U.S. are urged to take extra precautions by ensuring all identification is up to date,” the Mississauga First Nation in Ontario wrote on social media.

ICE did not immediately respond to a request for comment.

Several other First Nations have issued similar warnings, including Six Nations of the Grand River near Hamilton, Ont., and Garden River First Nation near Sault Ste. Marie.

Saint Regis Mohawk Indian Territory, which straddles the Ontario, Quebec and New York borders, warned its members to carry their identification with them and to call tribal police if they come into contact with ICE.

Mohawk Council of Kahnawake Grand Chief Cody Diabo, who also serves as the co-chair of the Jay Treaty Border Alliance and sits in the Iroquois Caucus, said it’s important for Indigenous people to be armed with information — and proper identification — when they’re crossing the border.

The Jay Treaty, signed in 1794 between the U.S. and Great Britain, was meant to ensure Indigenous people could pass freely across the border.

Canada does not recognize that treaty, while the U.S. does. That means First Nations members in Canada with at least 50 per cent blood quantum can live and work in the U.S. with their First Nation status card and an accompanying letter detailing their family history. Non-Indigenous Canadians, meanwhile, are required to show their passports at border crossings and to apply for immigration through different channels.

Diabo said heightened fears triggered by ICE’s aggressive actions undermine long-standing relationships that predate the founding of both countries.

“I guess we’re just being racially profiled because we have darker skin, darker hair, so it’s easier to pick us up from a crowd and say, ‘I think they’re an illegal immigrant,’” Diabo said when asked about ICE actions.

“The geopolitical landscape is shifting, for sure. We need to adapt and make sure we stand up for our rights and push where needed, but do it in a safe manner and not put ourselves in harm’s way.”

The Jay Treaty Alliance is encouraging First Nations people crossing the border to the U.S. to ensure they are carrying their familial lineage letter, status card, long-form birth certificate and government-issued photo ID.

U.S. tribal members are being encouraged to carry their tribal IDs, state-issued IDs or driver’s licences, or a U.S. passport.

Woodhouse Nepinak said she’ll be meeting with the National Congress of American Indians -- the AFN’s U.S. counterpart -- to discuss border mobility issues this spring.

“Our people have long had strong cultural ties with each other, economic ties, and those will continue. At the same time, it makes it more difficult when there’s other governments on both sides of the border trying to infringe on that.”

With files from The Associated Press

Alessia Passafiume, The Canadian Press