Safe Havens

Canadian citizens, who are American Indians born in Canada, may not be deported on any ground of deportation.[17]  This statutory right constitutes a defense to a charge of illegal re-entry into the United States, in violation of 8 U.S.C. § 1326, but only where the defendant establishes the birth and blood qualifications.[18]  The court may exclude defense evidence testimony of a cultural anthropologist and of the defendant as to the identity of the defendant where it fails to state what percentage of Indian blood the noncitizen has.[19]

[17] Matter of Yellowquill, 16 I. & N. Dec. 576 (BIA 1978), construing INA § 289, 8 U.S.C. § 1359 (nothing in Title II of the INA relating to immigration can restrict American Indians, who were born in Canada and have at least 50 percent American Indian blood, from entering or leaving the United States).

[18] United States v. Curnew, 788 F.2d 1335 (8th Cir. 1986).

[19] Ibid.