S. 2577: McCarran-Walter Technical Corrections Act

This bill, known as the McCarran-Walter Technical Corrections Act, aims to amend the Immigration and Nationality Act in relation to the rights of specific Indigenous groups regarding crossing the U.S. border. Here are the key points of the bill:

Change in Definition

The bill proposes to modify the existing legal language that defines who qualifies as a member of a federally recognized Indian Tribe in the United States or a First Nation in Canada. Currently, the law stipulates that individuals must possess at least 50% blood of the American Indian race to be recognized under this provision.

The proposed amendment would remove this blood quantum requirement and instead define eligibility based on the following:

• Individuals who are members, or are eligible to become members, of a federally recognized Indian Tribe in the United States.
• Individuals who:
  • Have Indian status in Canada through registration under the Indian Act (R.S.C., 1985, c. I–5).
  • Hold membership in a self-governing First Nation in Canada.

Impact on Cross-Border Travel

This amendment is significant as it aims to facilitate cross-border travel for Indigenous individuals who are members of federally recognized tribes and First Nations. By potentially easing the legal restrictions tied to blood quantum, the bill seeks to provide greater access for these individuals to move between Canada and the United States without the burdensome requirements that currently exist.

Context of the Bill

Currently, the requirement linked to blood quantum has been a point of contention and raises issues about identity and heritage among Indigenous peoples. This bill is introduced as a technical correction to address these concerns while implementing a more inclusive approach.

Sponsorship and Legislative Process

The bill was introduced by Senator Daines and has several co-sponsors, indicating bipartisan support for its objectives. It has been read twice and referred to the Committee on the Judiciary for further consideration.

Relevant Companies

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