Overview:
A federal court has struck down a U.S. Department of Education policy requiring Canadian-born Mohawk students to provide immigration documents to qualify for federal student aid.
Mohawk students known as the “Jay Treaty students” have won a significant federal court victory against the U.S. Department of Education over a policy that required Canadian-born American Indians to provide immigration documents, including a Green Card, to qualify for federal student aid.
On Sept. 1, the U.S. District Court for the Northern District of New York ordered the Department of Education to vacate the policy in its entirety. The decision was issued in the case of Mohawk student plaintiffs Rourke-Rodriguez et al.
The Department adopted the policy in January 2025, replacing a longstanding documentation framework that allowed Jay Treaty students to apply for federal student aid using documents such as band cards, birth records or tribal affidavits.
The Saint Regis Mohawk community straddles the U.S.-Canada border, and many of its members, like other Indigenous people protected under the Jay Treaty of 1794, have the right to freely cross and reside on either side.
Under the new guidance of the Trump education department, students were required to provide immigration documents issued by the Department of Homeland Security, such as a Green Card or temporary I-551 stamp, before accessing federal student aid.
Judge Anthony Brindisi found the new requirement unlawful on two grounds. First, he determined that the Department failed to adequately explain why it abandoned its longstanding policy, making the change arbitrary and capricious.
Second, the court found that the new requirement exceeded the Department’s legal authority under the Higher Education Act, which does not require lawful permanent residents to submit government-issued immigration documents to qualify for federal student aid.
The ruling also clarifies requirements for Jay Treaty students and the colleges and universities that process the Free Application for Federal Student Aid, or FAFSA.
The decision confirms that American Indians born in Canada who are deemed lawful permanent residents under the Immigration and Nationality Act cannot be subjected to additional immigration documentation requirements that Congress has not authorized.
The court also rejected the Department’s attempt to shift responsibility for the students’ injuries to their universities, finding that the policy itself caused the harm.
The Saint Regis Mohawk Tribe hailed the ruling as an important victory for its students.
“This ruling is a significant victory for our students and a testament to the tireless efforts of our legal department in advocating for justice,” Tribal Council stated. “It reaffirms that all Jay Treaty students have the right to access federal student aid without facing unnecessary barriers. We remain committed to supporting our community and ensuring that education is accessible to everyone.”
The ruling is considered a precedent-setting victory for the Saint Regis Mohawk Tribe and could have implications for Jay Treaty students seeking federal student aid at colleges and universities across the country.
