8 fam 401.6
Native American Travel Documents
(CT:CITZ-46; 12-16-2020)
(Office of Origin: CA/PPT/S/A)
8 FAM 401.6-1 Introduction
(CT:CITZ-46; 12-16-2020)
a. Travel documents issued by Native American tribes or nations are not issued under the authority of the United States. They are not passports under U.S. law (see 8 U.S.C. 1101(a)(30) (INA 101(a)(30)), which defines a passport as a travel document issued by competent authority that is valid for the bearer’s entry into a foreign country). Pursuant to 22 U.S.C. 211a, only the U.S. Secretary of State is authorized to issue U.S. passports.
b. Under INA 215(b) (8 U.S.C. 1185(b)) it is unlawful, except as otherwise provided by the President, for any U.S. citizen to depart from or enter, or attempt to depart from or enter, the United States without a valid U.S. passport.
c. A Native American who is a U.S. citizen or non-citizen U.S. national must depart and re-enter the United States using a U.S. passport. 8 U.S.C. 1401(b) (INA 301(b)) provides that “a person born in the United States to a member of an Indian, Eskimo, Aleutian, or other aboriginal tribe” “shall be nationals and citizens of the United States.”
d. The United States has implemented Article III of the Jay Treaty of 1794 through INA 289 (8 U.S.C. 1359), which provides:
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.
e. Please direct any questions on the Jay Treaty of 1794 to AskPPTAdjudication@state.gov.
f. U.S. Customs and Border Protection (CBP) interprets and applies INA 289 and can best address questions concerning how individuals can document their qualifications to benefit from this statute.
g. CBP permits certain secure Native American Travel documents with radio-frequency identification chips to be used to cross land and sea borders between the U.S. and Canada and the U.S. and Mexico. These IDs are not U.S. passports, but may be accepted as ID with which to apply for a passport. CBP does not allow these documents to be used for air travel. See CBP’s webpage Travel Documents for Native Americans.
8 FAM 401.6-2 Travel on Native American Travel Documents
(CT:CITZ-46; 12-16-2020)
a. Posts have encountered U.S. citizens or non-citizen U.S. nationals attempting to use documents issued by Native American tribes to enter foreign countries. Some foreign governments have recognized these tribal passports and issued visas.
b. You should advise anyone inquiring about whether they will be permitted to enter a foreign country bearing a Native American tribal document that:
(1) Such documents are not passports under U.S. laws (see 8 U.S.C. 1101(a)(30) (INA 101(a)(30)). Pursuant to U.S. law, (22 U.S.C. 211a), only the U.S. Secretary of State is authorized to issue U.S. passports;
(2) Under INA 215(b) (8 U.S.C. 1185(b)) it is unlawful except as otherwise provided by the President for any citizen of the United States to depart from or enter, or attempt to depart from or enter, the United States without a valid U.S. passport; and
(3) The inquirer may wish to contact the embassy or consulate of the foreign country regarding acceptable travel and entry documentation for that country.
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NOTE: Under the Bering Straits Travel Agreement (BSTA), indigenous peoples of the Bering Straits region are permitted to travel within the region without obtaining a Russian visa. However, a U.S. passport is still required, and a BSTA insert must be obtained from the U.S. Bering Straits Commissioner, under the oversight of the Office of Russian Affairs. The BSTA insert is only valid for 90 days and does not change the applicant’s citizenship, identity, or entitlement to a U.S. passport. |
c. A foreign government may ask about the validity of Native American tribal passports. You should reply that Native American passports are not issued under the authority of the United States. They are not passports under U.S. law (see 8 U.S.C. 1101(a)(30) (INA 101(a)(30)). Pursuant to U.S. law, (22 U.S.C. 211a), only the U.S. Secretary of State is authorized to issue U.S. passports.
d. Should posts need assistance in contacting next of kin (NOK) in the event of an emergency abroad, contact your country officer assist in establishing contact with tribal officials.