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  1. #1
    Join Date
    Jan 2008
    Location
    Long Island NY
    Posts
    1

    Default Canadian Native American Status In The U.S.

    Living on Long Island NY and spent the day in Manhattan only to end up with with an appointment for a later date.

    Before Department of homeland security Native Americans from Canada were covered under the Treaty of Amity:

    Since 1794, Aboriginal Peoples have been guaranteed the right to trade and travel between the United States and Canada, which was then a territory of Great Britain. This right is recognized in Article III of the Jay Treaty, also known as the Treaty of Amity, Commerce and Navigation of 1794 and subsequent laws that stem from the Jay Treaty.
    It seems to me that the DHS does not supersede the court rulings or acts of congress:

    Akins v. Saxbe

    380 F.Supp. 1210

    United States District Court, District of Maine

    June 20, 1974.


    and this:
    from the Public Laws of the Eighty-Second Congress, Second Session, 1952:


    TITLE II—IMMIGRATION
    CHAPTER 9—MISCELLANEOUS
    AMERICAN INDIANS BORN IN CANADA

    SEC. 289.

    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.
    Does any one know if this still stands with DHS?

    A little light reading and a unique situation.

    My thanks.

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: Canadian Native American Status In The U.S.


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