Tribal IDs and traveling: rules for flying and crossing the U.S. Border with tribal ID cards

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Most businesses in Montana are still getting used to the idea that tribal IDs from Montana’s seven recognized reservations are to be accepted as readily as any other government-approved identification. As Char-Koosta News reported, despite state law requiring county and federal organizations and departments in Montana to accept tribal IDs, many places weren’t aware of the law and even more businesses were in the dark as well. Since then, tribal IDs have slowly been accepted in businesses such as Wal-Mart and now tribal IDs are getting a major upgrade.

The National Congress of American Indians received a number of questions about the use of tribal ID cards for domestic and international travel purposes, particularly in light of some rule changes expected on June 1, 2009. Below is a summary of the rules:

Flying Domestic: YES - You can use tribal ID
Tribal ID cards with a photo are accepted for flying within the United States (now and after June 1).

Every Transportation Security Administration agent should know this rule, but many do not. One of the primary problems is that the book of IDs they use at the airport does not have tribal IDs examples yet. While this issue is being corrected, authorities recommend arriving early at the airport and asking for a TSA supervisor if the first person does not accept your tribal ID.

Flying: International: NO - You cannot use tribal IDs
Currently passports are required for international flights (including to Canada and Mexico). No change in this rule is anticipated anytime in the near future.

Currently tribal ID cards are not sufficient for traveling by plane to Canada, Mexico, or anywhere internationally. A passport must be obtained and can take up to six weeks for processing once applied for.

International Border Crossing: YES - You can use tribal ID
Currently, as with domestic flying, any tribal ID card with a photo is acceptable for international land and water border crossing. However, this rule changes on June 1, 2009.

The new rule called Western Hemisphere Travel Initiative requires Tribes to increase the security of their tribal ID cards, and allow the Department of Homeland Security to verify the ID holder’s identity. If a Tribe does not have this new type of ID after June 1, tribal members are not supposed to be able to use them to cross the border.

However, due to the high costs of upgrading tribal IDs to DHS’s requirements, and some DHS delays, no tribal ID will actually be in compliance by June 1. In fact, it is not anticipated that any tribal ID card will be in compliance until at least December 2009 to June 2010.

DHS has said that they will be “flexible” in allowing tribal IDs to be used for a “modest, but reasonable transition period,” though NCAI questions what that means. The DHS are counseling tribal members to continue to use their tribal ID cards (and bring the attached letter with them if they have concerns) while Tribes and NCAI fight for stronger protections for inherent border crossing rights.

While many businesses and state departments are still getting up to speed, some may refuse tribal IDs. If this happens, tribal members can call the Montana tribal ID Hotline at (800) 332-2272; for specific questions relating to a conservation, hunting or fishing license, contact the Montana Department of Fish, Wildlife & Parks at (406) 444-2950; for specific questions relating to titling of vehicles, contact the Montana Department of Justice at (406) 846-6000; and for specific questions relating to the sale of alcohol or tobacco products, contact the Montana Department of Revenue at (866) 859-2254.

CSKT ID cards are available at the enrollment office and they can answer questions about travel use of tribal ID cards. Call tribal enrollment at 675-2700, ext. 1014 for more information.

For more information, visit the Montana tribal ID website at http://tribalid.mt.gov

Information for this article was provided by The National Congress of American Indians and Jennifer Perez-Cole, Director of Indian Affairs for Governor Schweitzer’s office.