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American Indians defend border rights
by Staff Writers
Niagara Falls, N.Y. (UPI) Jun 18, 2009


Tribal members regularly cross the border to attend ceremonies at traditional sites, work or visit their families.

Canadians and Americans see each other as closer than neighbors, more like allies and friends. But stricter U.S. security measures along the U.S.-Canadian border are testing that relationship. Among them are American Indian citizens living in both countries who say their rights are being squeezed by ever tightening security rules.

At a meeting at Rainbow Bridge, near Niagara Falls, N.Y., Members of the National Congress of American Indians said that new crossing rules negatively impact on their rights to "free passage" between the two countries.

Under new requirements laid out by the Western Hemisphere Travel Initiative, part of the 2004 Intelligence Reform and Terrorism Prevention Act, anyone wishing to enter the United States at any entry point must now carry a passport or other machine-readable identity card.

Until the end of 2007, Canadians and Americans merely had to make an oral declaration of citizenship to a customs officer.

From Jan. 1, 2008, border officers have asked for proof of identity. Birth certificates and other cards were acceptable, but customs officers had to manually input key data into a computer.

The process was slow and prone to errors. The June regulation eliminated that function and sped up the process.

But some American Indian leaders say they are entitled to unfettered crossing between the two countries under the 1794 Jay Treaty between the United States and Britain, which granted the right to American Indians to free and unrestricted travel between the countries.

They point out that American Indians were in North America long before the U.S.-Canadian border was established.

Tribal members regularly cross the border to attend ceremonies at traditional sites, work or visit their families.

Seneca Nation of Indians President Barry Snyder Sr., a U.S. citizen, said at the meeting that while he understands the need for tighter security, "Long ago, promises were made to us. They must be kept."

The group said it wants to cooperate with officials on both sides of the border to promote safety while protecting American Indians' rights. They have raised concerns about the cost of new passports and the impact of changes on sovereign rights.

Several tribes are talking with U.S. Homeland Security Department officials in hopes of allowing tribal enrollment cards to be accepted at the border.

But elsewhere on the border a dispute between an American Indian community at the Akwesasne reserve with the Canada Border Services Agency over its attempt to arm border guards has shut down the crossing. The Canada-U.S. Port of Cornwall authorities are seeking a third party to resolve the matter.

In May Frank McKenna, a former Canadian ambassador to the United States, said while he understand the arguments, he was still concerned by the need for passports to cross the border.

"We feel that's being torn apart now because of this," McKenna said. "We feel a profound sadness at a relationship that's been so important."

Some Canadians are upset that the border with the United States is being treated in the same way as the U.S. border with Mexico.

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