09/03/2026
Mohawk “Jay Treaty Students” Win Federal Court Case Against U.S. Department of Education Policy Requirement to a Obtain Green Card for Federal Student Aid
On September 2, 2026 Mohawk student plaintiffs Rourke-Rodriguez et al., known as the “Jay Treaty students,” were notified of a significant legal victory against the U.S. Department of Education, striking down a prior requirement for Canadian born Mohawk students to obtain immigration documents, such as a Green Card, before they could be eligible for federal student aid.
The policy change, made in January 2025, replaced a longstanding documentation framework that allowed Jay Treaty students to apply for federal student aid using previously accepted documents such as band cards, birth records, or tribal affidavits. The U.S. Department of Education adopted new guidance, without consultation or explanation, requiring these students to produce Department of Homeland Security Agency-issued immigration documents, such as a Green Card or temporary I-551 stamp, before they could access federal student aid.
On September 1, 2026, the U.S. District Court for the Northern District of New York ordered the policy to be vacated in its entirety. Judge Anthony Brindisi, presiding over the case, found the Department’s new requirement unlawful on two grounds: (1) the Department failed to adequately explain why it abandoned its longstanding policy, making the change arbitrary and capricious; and (2) the new requirement exceeded the Department's legal authority under the Higher Education Act, which does not require lawful permanent residents to submit immigration documents from the government to qualify for aid.
Tribal Council stated, "This ruling is a significant victory for our students and a testament to the tireless efforts of our legal department in advocating for justice. 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 decision clarifies rules for Jay Treaty students and the colleges and universities that process the Free Application for Federal Student Aid (FAFSA). The decision confirms 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 documentation requirements that Congress did not authorize. It also rejected the Department’s attempts to shift blame for the students' injuries onto their universities, holding that the policy itself caused the harm.
This is a precedent-setting victory for the Saint Regis Mohawk Tribe and an important result for Jay Treaty students across the country.
