Tribes across America are warning members: carry your ID or ICE might take you

Dozens of tribes issue travel advisories

Tribal nations across North America are telling their people to be careful.

Since January 2026, dozens of tribes in the U.S. and Canada have warned members about increased questioning and detention by Immigration and Customs Enforcement agents.

Indigenous leaders say tribal citizens are getting stopped based on how they look, not their legal status.

The Assembly of First Nations in Canada put out an advisory on Jan. 23, and the United Indian Nations of Oklahoma urged all Native people to carry identification.

A 230-year-old treaty protects border crossings

The Jay Treaty of 1794 recognized Indigenous peoples’ right to move freely across the U.S.-Canada border. The treaty acknowledged that the border cut through existing Indigenous territories.

Congress put that right into law in 1952 through Section 289 of the Immigration and Nationality Act.

Under that law, Canadian-born people with at least 50% American Indian blood can enter, live, and work in the U.S. without a visa or green card. They cannot be denied entry or deported.

Critics call the blood quantum rule outdated

That 50% blood quantum requirement has drawn criticism from tribal leaders and legal scholars for years. Many tribal nations don’t even use blood quantum to decide their own membership.

Lawmakers from both parties introduced the Tribal Border Crossing Parity Act, which would let people prove enrollment in a federally recognized tribe instead.

Critics say the current rule forces an outdated racial standard that conflicts with tribal sovereignty. The bill has not yet passed.

Oglala Sioux reports members detained in Minneapolis

In early January 2026, Oglala Sioux Tribe President Frank Star Comes Out said ICE detained four tribal members in Minneapolis. The men were described as homeless and living near the Little Earth housing complex.

Three were reportedly held at Fort Snelling, a site used to hold Dakota people during the U.S.-Dakota Wars of 1862. The tribe demanded their immediate release and called the detentions a treaty violation.

Federal officials and the tribe tell different stories

The Department of Homeland Security said it could not verify that its agents arrested or even encountered Oglala Sioux members. DHS also said no one in its detention centers had claimed membership in the tribe.

The Oglala Sioux later said it could not independently confirm the detentions either, and both sides are still working to sort out what happened. The tribe declined to sign an immigration agreement with ICE, pointing to its existing treaty relationship with the U.S.

Navajo citizen says ICE agents detained him in Arizona

Navajo citizen Peter Yazzie said ICE agents stopped him at a gas station near Peoria, Ariz., on Jan. 12. He said agents pushed him to the ground, zip-tied him, and searched his vehicle before identifying themselves.

Yazzie told agents he had a driver’s license, birth certificate, and Certificate of Degree of Indian Blood in his vehicle. He sat detained for about four hours before agents released him.

The Navajo Nation Council then unanimously passed a resolution asking DHS and ICE to formally recognize tribal identification cards.

More incidents surface across the country

A 20-year-old U.S. citizen and Red Lake Nation descendant was detained by ICE at a store in Robbinsdale, Minn., and released only after his mother brought his birth certificate.

A member of the Salt River Pima-Maricopa Indian Community in Arizona was detained in Iowa and nearly scheduled for deportation before someone caught the mistake.

A tribal member in Washington state said authorities told her that her tribal ID looked fake. Indigenous leaders say these cases show a pattern of racial profiling during expanded immigration enforcement.

NARF tells Indigenous people their rights

The Native American Rights Fund published know-your-rights resources for Indigenous people, updated Jan. 23. NARF advises carrying tribal or state-issued ID at all times.

People have the right to stay silent and should not lie to agents.

ICE agents need a judicial warrant signed by a judge to enter a home, not just an administrative warrant signed by an officer. If an agent won’t accept a tribal ID, NARF recommends asking for a supervisor.

Staff attorney Beth Wright said NARF is not aware of ICE agents getting specific training on the government-to-government relationship with tribes.

Canadian First Nations urge caution at the border

The warnings extend north of the border, too. The Okanagan Nation Alliance in British Columbia urged members to use extreme caution when traveling to the U.S. The Blood Tribe in Alberta told members to avoid crossing the border unless absolutely necessary.

The Blackfoot Confederacy, whose territory reaches into North Dakota, published guidance on dealing with ICE.

Grand Council Treaty 3, which borders Minnesota, worked with Indigenous Services Canada to set up resources. Canada said it can issue emergency replacement status cards for people whose cards were taken or damaged in the U.S.

Tribes rush to get members’ new IDs

Tribal nations are moving fast to get updated identification into their members’ hands. Some tribes are waiving fees for new or replacement tribal IDs.

Others are lowering the minimum age for cards and printing them faster. The Oglala Sioux Tribe set up a pop-up enrollment office at the Minneapolis American Indian Center.

The Navajo Nation ordered its Office of Vital Records to expand ID services for citizens living on and off the reservation.

Grand Council Treaty 3 worked with Canada to create a faster application process for Secure Certificate of Indian Status cards.

Seneca Nation sets ground rules with DHS

The Seneca Nation in New York took a different approach.

The nation said it has protocols for any foreign government officers entering its territory and contacted DHS in November 2025 to make sure the agency knew about them.

It also asked for a face-to-face meeting with ICE officials in Buffalo.

An ICE spokesperson said its dealings with the Seneca Nation follow the 1794 Treaty of Canandaigua, which established peace and a government-to-government relationship between the U.S. and the Six Nations.

DHS’s Senior Adviser for Indian Affairs planned to meet with the tribe.

What Indigenous travelers should know now

All Native Americans born in the U.S. are citizens under the Indian Citizenship Act of 1924, and ICE has no immigration authority over U.S. citizens.

Canadian-born Indigenous people with at least 50% blood quantum have the legal right to enter the U.S. under Section 289 of the Immigration and Nationality Act.

Tribal leaders recommend carrying multiple forms of ID, including a passport, state-issued ID, tribal enrollment card, and birth certificate.

The advisories from tribal nations remain in effect with no end date set.

This article was created with AI assistance and human editing.

Read more from this brand:

• World Cup fans may see ICE agents at every U.S. stadium this summer
• There’s a DHS website where you can search ICE arrests in your state
• ICE To Spend $100 Million to Recruit at Gun Shows and UFC Fights