Judge Strikes Down Green Card Rule for Indigenous Students
A federal ruling determines that indigenous students born in Canada do not need Green Cards to access U.S. financial aid.
Updated on Oct. 15, 2026 in Financial Aid
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On September 1, 2026, Judge Anthony Brindisi struck down a federal rule that previously mandated indigenous students born in Canada obtain Green Cards to access the FAFSA. The legal challenge was initiated by three students who contested the requirement.
Why it matters
The ruling rests on rights established by the 1794 Jay Treaty, which grants indigenous people the right to cross the border between the U.S. and Canada. This decision eliminates a significant barrier to education funding for those covered by the treaty.
The litigation was brought by 3 students after the Biden Administration implemented the disputed rule in January 2025. The ruling directly references the 1794 Jay Treaty as the controlling legal authority.
The players
Anthony Brindisi
He is the federal judge who issued the ruling striking down the student financial aid requirement.
Biden Administration
This is the executive branch of the federal government that originally implemented the Green Card mandate in 2025.
U.S. Department of Education
This federal agency manages student financial aid programs and has not commented on a potential appeal.
The details
Plaintiffs successfully argued that the financial aid mandate violated the longstanding protections afforded to indigenous and First Nation people. The decision from the U.S. Northern District of New York effectively invalidates the policy that had been in place since the start of 2025.
Timeline
1794: The Jay Treaty is signed between the U.S. and Britain.
January 2025: The Biden Administration implements the Green Card requirement.
September 1, 2026: Judge Anthony Brindisi strikes down the federal rule.
Culture Shift
This ruling highlights a broader shift in how historical treaties are being reasserted to challenge modern federal administrative requirements. It marks a significant legal victory for indigenous rights in the context of cross-border educational access.
Indigenous students born in Canada who previously faced barriers to the FAFSA may now be eligible for federal financial aid. This change simplifies the process for those residing in cross-border communities like Akwesasne to fund their college education.
The takeaway
This decision reinforces the legal standing of historical treaties in contemporary bureaucratic settings. Students affected by these regulations should consult their university financial aid offices to confirm how this ruling applies to their current status.
Further reading
For more information on student resources, visit our Financial Aid section.
Source note: This article includes information reported by NCPR.
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Should federal agencies grant indigenous people border-crossing rights that exempt them from standard immigration requirements?
