Federal Court Strikes Down Education Department Policy Limiting Student Aid for Jay Treaty Students

The U.S.-Canada border is often viewed as a rigid, defining line that separates two distinct national populations. But for Indigenous communities like the Saint Regis Mohawk Tribe, the border is a relatively recent, artificial boundary drawn directly through their ancestral lands. The 1794 Jay Treaty recognized this historical reality, legally protecting the right of Native Americans born in Canada to freely cross and reside in the United States. Yet, a recent federal education policy treated these students as standard immigrants, demanding they obtain green cards before they could access college financial aid.[1][4]

On September 1, 2026, a federal judge struck down that requirement, restoring the historical framework that respects cross-border Indigenous rights. In the case of Rourke-Rodriguez et al. v. U.S. Department of Education, Judge Anthony Brindisi of the U.S. District Court for the Northern District of New York ruled that the Department of Education cannot force Canadian-born Native American students to submit Department of Homeland Security documentation to prove their eligibility for federal student aid. The decision marks a major victory for students who were suddenly cut off from educational funding.[1][2][3]

The legal battle stems from a sudden policy shift in January 2025, when the Department of Education abruptly altered its documentation rules. For years, students qualifying under the Jay Treaty could demonstrate their eligibility for the Free Application for Federal Student Aid (FAFSA) using readily accessible tribal documents. These included band cards, birth records, or affidavits issued by the Saint Regis Mohawk Tribal Clerk's Office, which the federal government had long accepted as sufficient proof of their lawful status in the United States.[1][2]

Without public explanation or consultation with the affected tribal governments, the new federal guidance quietly replaced this established system. The Department of Education began requiring these students to produce government-issued immigration documents, such as a green card or a temporary I-551 stamp, before they could access Title IV federal aid. This policy shift left many students who had planned to attend college in the fall suddenly unable to access the financial support they were legally entitled to receive, disrupting their educational trajectories.[1][2]

The Mohawk Council of Akwesasne and the Saint Regis Mohawk Tribe strongly opposed the change, arguing that the new verification process placed an unjust and insurmountable burden on students who were already navigating significant barriers to higher education. By demanding Homeland Security documentation, the federal government was effectively forcing Indigenous students to apply for permission to live, work, and study on their own ancestral lands, a requirement that directly contradicted the spirit and legal standing of the Jay Treaty.[1][3]

Judge Brindisi vacated the policy in its entirety, finding the Department's actions unlawful on two independent legal grounds. First, the court determined that the Department of Education failed to adequately explain why it was abandoning its long-standing documentation framework. Under the Administrative Procedure Act, federal agencies must provide a reasoned justification for policy reversals. The court found that the Department's failure to provide any substantive rationale for discarding a functional system rendered the sudden policy change arbitrary and capricious.[1][2]

Second, the court ruled that the new documentation requirement explicitly exceeded the Department's legal authority under the Higher Education Act. The judge noted that while the Act restricts federal student aid to U.S. citizens and eligible noncitizens, it does not require lawful permanent residents to submit specific immigration documents from the government to qualify for that aid. The Department's attempt to unilaterally mandate green cards or temporary I-551 stamps was therefore an overreach of its statutory mandate, imposing restrictions that Congress never intended for financial aid applicants.[2][3]

The ruling also provided a broader statutory analysis confirming the foundational rights of Jay Treaty students. The court affirmed that American Indians born in Canada, who are deemed lawful permanent residents by operation of the Immigration and Nationality Act, cannot be subjected to additional immigration registration requirements that Congress never explicitly authorized. This interpretation solidifies the legal standing of cross-border Indigenous populations against future administrative encroachment by federal agencies, ensuring that their unique status is respected across all branches of the federal government.[2][3]

During the court proceedings, the Department of Education attempted to shift the blame for the students' financial injuries to their respective universities, arguing that the schools were ultimately responsible for the aid denials. The court firmly rejected this argument, holding that the federal policy itself was the direct and proximate cause of the harm. Students who were previously eligible for aid were effectively shut out the moment the Department changed the rules without justification, making the agency liable for the disruption.[1][2]

The Saint Regis Mohawk Tribe hailed the decision as a precedent-setting victory that will have lasting implications for Indigenous students nationwide. Tribal Council leaders stated that the ruling reaffirms the right of all Jay Treaty students to access federal student aid without facing unnecessary bureaucratic barriers. By striking down the green card requirement, the court has ensured that higher education remains accessible to their community members, honoring the historical right to live and study freely across the U.S.-Canada border.[1][4]