Northeast crossings present problems

Posted: July 08, 2005
by: Jim Adams / Indian Country Today

PRESQUE ISLE, Maine - Tightened security on the U.S. border is plaguing Northeastern tribes as well as Southwestern ones, but some positive steps are emerging.

William ''Billy'' Phillips, chief of the Aroostook Band of Micmac Indians in the northern crown of Maine, told stories of long delays in what used to be routine border crossings to visit relatives in Canada. Like the Tohono O'odham in Arizona, the Micmacs straddle the international boundary, with 22 of their 23 bands located in Canada's Maritime Provinces.

''There's all kinds of trouble trying to cross the border,'' Phillips said. ''It's constant.''

To the west, the St. Regis Mohawk have a different boundary problem. In the New York state half of the Akwesasne Mohawk community, which stretches into Canada across the St. Lawrence Seaway, the St. Regis tribal government has borne the extra cost of policing the border without adequate authority to do the job.

Some changes might be on the way, however. Phillips and other eastern tribal leaders took their complaints to the mid-year meeting of the United South and Eastern Tribes June 27 for a give-and-take with officials from the Department of Homeland Security. And the New York state Legislature passed a bill before its June 23 adjournment that would restore full police power to the St. Regis Tribal Police Department.

The New York measure would recognize tribal officers as police officers under New York state law, giving them authority to arrest non-Indians and enforce all criminal statutes, not just tribal law. The power is especially important for policing the reservation's 12-mile international border, a difficult terrain of riverbank and islands.

''This is a big morale boost for our department,'' said Tribal Police Chief Andrew Thomas. The St. Regis Tribe employs 13 full-time officers. Since 2000, their authority had been limited to enforcing tribal law and arresting Indians. They could only detain non-Indian suspects to turn over to appropriate authorities, often a time-consuming task.

Added Tribal Chief Barbara A. Lazore: ''The role of our police department has transformed and its services extend beyond our community and protect national interests. The police bill acknowledges their efforts in preserving peace throughout the region and their long history of cooperating with surrounding law enforcement agencies on joint investigations, providing mutual assistance and protecting the border.''

Like cross-deputization agreements in general, the new measure required some compromise. It provides for a waiver of sovereign immunity for suits against the St. Regis Department and requires

adequate insurance - a sticking point in California, for instance. The State Police superintendent would set training requirements for the St. Regis force.

In return, however, the efficiency of the force is expected to improve, both for internal policing and border security. ''Cross-dep'' agreements in general have been endorsed by the International Association of Chiefs of Police as a means of harmonizing tribal jurisdiction with surrounding communities. They were cited to the U.S. Supreme Court in the U.S. v. Lara case as a vindication of tribal sovereignty.

Tribal Chief James W. Ransom said: ''Our police force is an integral part of Integrated Border Enforcement Team and works very closely with the U.S. Customs, Border Patrol, FBI, State Police and their Canadian counterparts on border security.

''This stretch of border is extremely hard to patrol and the cooperation of our tribal police is essential. Restoring their police authority to arrest non-Natives will help improve our region's first line of defense on the international border.''

Although some anti-Indian groups have tried to portray border reservations as a weak link against terrorist infiltration, the evidence runs strongly the other way. The St. Regis community was galvanized by the Sept. 11, 2001 attacks on the World Trade Center, which some Mohawk ironworker crews witnessed from a neighboring building. Tribes along both international boundaries responded with increased vigilance.

The irony, as Phillips observed, is that the same vigilance now subjects Indian border crossers to increased harassment.

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Last updated on July 11, 2005