James Mast Trapped in Clinton Jail After Risky Return

Key Takeaways

• James Mast, Cree Sixties Scoop survivor, arrested April 14, 2025, after crossing US border without ID.
• Criminal charges of unlawful re-entry dropped due to Mast’s Indigenous heritage under Jay Treaty rights.
• Mast remains in US immigration custody as officials review potential deportation or release.

Legal Update: Sixties Scoop Survivor James Mast Detained in U.S. Jail—Key Developments and Implications for Indigenous Border Rights

Summary and Effective Date

James Mast Trapped in Clinton Jail After Risky Return

On April 14, 2025, James Mast, a 60-year-old Cree Sixties Scoop survivor, was arrested by St. Regis Mohawk Tribal Police after crossing the St. Lawrence River into the United States without identification. Mast’s attempt to return to his adoptive family in Oklahoma led to his detention at the Clinton jail in Plattsburgh, New York. As of May 23, 2025, Mast remains in U.S. immigration custody while officials determine whether to deport him to Canada 🇨🇦. The most recent legal development in his case is the dismissal of criminal charges for unlawful re-entry, based on his Cree heritage. This update examines the background, legal context, and broader implications for Indigenous peoples with cross-border ties.

Background: The Sixties Scoop and Cross-Border Identity

What Was the Sixties Scoop?

The Sixties Scoop refers to a period from the 1950s through the 1980s when Canadian authorities removed thousands of Indigenous children from their families and placed them in foster care or adopted them out, often to non-Indigenous families in Canada 🇨🇦 and the United States 🇺🇸. This policy aimed to assimilate Indigenous children, frequently erasing their cultural identities through name changes and altered birth certificates. According to government records, over 23,500 Indigenous children were displaced during this era (source: CBC).

James Mast’s Story

James Mast is one of these survivors. Taken from his Cree family as a child, Mast was adopted by an American family and raised in Oklahoma. Decades later, he sought to return to the United States to support his ailing adoptive father, Moses Mast, who now lives in an assisted living facility. Mast’s cousin, Bonnie Bellah, has confirmed that the family welcomes his return, emphasizing the importance of family ties despite the complexities of adoption and cross-border movement.

Legal Aspects Affected by Mast’s Case

Dismissal of Criminal Charges Based on Indigenous Heritage

The most significant legal development in Mast’s case is the U.S. government’s decision to drop the unlawful re-entry charge against him. Michelle DiBella, Mast’s federal defender, explained that “His Native American heritage meant he could not be prosecuted for re-entering the country.” This reflects a unique recognition of Indigenous rights to cross the U.S.-Canada border, rooted in historical treaties and the understanding that many Indigenous nations’ traditional territories predate the establishment of these borders.

Continued Immigration Detention

Despite the dismissal of criminal charges, Mast remains in immigration detention. U.S. immigration officials are now evaluating whether he should be deported to Canada 🇨🇦 or allowed to remain in the United States 🇺🇸. Mast has expressed frustration and exhaustion, stating, “I want to return home, and I’m exhausted from the pressure immigration and others put on me, claiming I am not American. I was raised in the States.”

Relevant Laws and Treaties

Jay Treaty (1794): This treaty between the United States 🇺🇸 and Great Britain (then governing Canada 🇨🇦) recognizes the right of Indigenous peoples to freely cross the border. However, its application is inconsistent, and not all Indigenous individuals benefit equally.
U.S. Immigration and Nationality Act (INA): The INA provides certain exceptions for Native Americans born in Canada, allowing them to live and work in the United States without a visa if they meet specific criteria. More information is available on the U.S. Citizenship and Immigration Services (USCIS) website.

Implications for Different Groups

For Sixties Scoop Survivors

Identity and Documentation: Many survivors, like James Mast, struggle with documentation issues. Name changes and altered birth certificates make it difficult to prove Indigenous heritage or legal status in either country.
Access to Legal Remedies: Survivors may face barriers in accessing settlements or legal protections due to errors in adoption records or lack of recognition of their Indigenous status.

For Indigenous Peoples with Cross-Border Ties

Border Crossing Rights: Mast’s case highlights the ongoing challenges for Indigenous peoples whose traditional territories span the U.S.-Canada border. While some legal protections exist, enforcement is uneven, and individuals may still face arrest or detention.
Precedent Cases: The case of Taber Gregory (Henry Desjarlais), a Chippewa from Alberta, is notable. Gregory became the first Sixties Scoop survivor to receive expedited U.S. citizenship based on his status as a victim of the Scoop, recognized by both Canada’s Truth and Reconciliation Commission and USCIS.

For Families and Caregivers

Family Reunification: Mast’s attempt to return to his adoptive father underscores the emotional and practical importance of family reunification, especially when elderly or ill relatives are involved.
Community Support: Families like the Masts rely on extended networks to care for vulnerable members, and immigration barriers can disrupt these support systems.

For U.S. and Canadian Authorities

Policy Consistency: The Mast case exposes inconsistencies in how border and immigration laws are applied to Indigenous peoples. There is a need for clearer guidelines and training for border officials.
International Relations: The treatment of Indigenous peoples at the border has implications for U.S.-Canada relations and both countries’ commitments to reconciliation and Indigenous rights.

Comparison with Previous Law and Practice

Before Mast’s Case

Criminal Prosecution: In the past, Indigenous individuals crossing the border without documentation often faced criminal charges for unlawful entry or re-entry, regardless of heritage.
Limited Recognition: While the Jay Treaty and INA provisions existed, many officials were unaware of or did not apply these protections, leading to detentions and deportations.

After Mast’s Case

Legal Precedent: The dismissal of charges against Mast based on his Cree heritage sets a potential precedent for other Indigenous individuals in similar situations. It signals a growing recognition of Indigenous border rights, though practical application remains inconsistent.
Ongoing Detention: Despite this progress, Mast’s continued detention highlights that legal recognition does not always translate into immediate freedom or resolution.

Implementation Timeline and Next Steps

Key Dates

April 14, 2025: James Mast arrested after crossing into the United States without identification.
May 23, 2025: Mast remains in Clinton jail as immigration officials review his case.
Ongoing: No final decision yet on Mast’s immigration status or potential deportation.

What Happens Next?

Immigration Review: U.S. immigration authorities will determine whether Mast qualifies for relief based on his Cree heritage and ties to the United States.
Potential Outcomes:
- Release and Reunification: Mast could be released and allowed to reunite with his adoptive family in Oklahoma.
- Deportation: If officials do not recognize his right to remain, Mast could be deported to Canada 🇨🇦, despite his upbringing in the United States 🇺🇸.
- Legal Appeal: Mast’s legal team may pursue further appeals or seek intervention from Indigenous advocacy organizations.

Broader Context: Ongoing Impacts of the Sixties Scoop

Trauma and Identity Loss

Survivors of the Sixties Scoop, including James Mast, continue to experience deep trauma. Crystal Semaganis, another survivor, describes the lasting effects: “The trauma is immense. It manifests itself in social issues that have taken lives and livelihoods of survivors since the apprehensions began. Suicide, substance abuse, addictions, homelessness, law and justice issues and incarceration, mental health issues including PTSD, OCD, anxiety and depression, loss of culture and identity and perhaps the most insidious of all, attachment disorder.”

Barriers to Justice and Reconnection

Documentation Errors: Many survivors discover errors in their adoption papers, such as incorrect names or misidentified heritage, which complicate efforts to reconnect with their communities or access legal settlements.
Settlement Challenges: In 2017, the Canadian government announced an $800 million settlement for Sixties Scoop survivors. However, more than 13,000 claims were rejected, and many survivors feel the process was unfair or incomplete. Dwayne Ross, a rejected claimant, stated, “The government made a rash decision without thinking of future damage to my soul.”

Calls for Further Action

Advocates like Colleen Cardinal, co-founder of the Sixties Scoop Network, have called for a public inquiry into the Sixties Scoop to determine responsibility for the mass removal of Indigenous children and to ensure accountability.

Practical Guidance for Affected Individuals

If you are an Indigenous person with cross-border ties, or a Sixties Scoop survivor facing similar challenges, consider the following steps:

Gather Documentation: Collect any available records of your Indigenous heritage, adoption, and family connections. Even incomplete documents can help establish your case.
Seek Legal Assistance: Contact an immigration attorney or Indigenous advocacy organization familiar with cross-border rights and the Jay Treaty.
Know Your Rights: Review the USCIS guidelines for American Indians born in Canada to understand eligibility for U.S. residency.
Connect with Support Networks: Organizations like the Sixties Scoop Network and local Indigenous services can provide emotional support and practical advice.
Monitor Policy Changes: Stay informed about legal developments affecting Indigenous border rights. According to analysis by VisaVerge.com, cases like Mast’s may influence future policy and enforcement.

Conclusion and Actionable Takeaways

James Mast’s detention in Clinton jail after attempting to return to his adoptive family in Oklahoma highlights the ongoing legal and personal challenges faced by Sixties Scoop survivors and Indigenous peoples with cross-border ties. The dismissal of criminal charges based on his Cree heritage marks a significant legal development, but Mast’s continued detention underscores the need for clearer, more consistent application of Indigenous border rights.

Key Takeaways:

Indigenous heritage can provide legal grounds for border crossing rights, but enforcement is inconsistent.
Survivors of the Sixties Scoop may face unique documentation and identity challenges that complicate their legal status.
Families and communities play a crucial role in supporting affected individuals, but legal barriers can disrupt reunification.
Ongoing advocacy and legal reform are needed to ensure fair treatment and recognition of Indigenous peoples’ rights at the U.S.-Canada border.

For more information on Indigenous border rights and immigration procedures, visit the USCIS official page for American Indians born in Canada. Stay updated on legal developments through trusted sources such as VisaVerge.com.

By understanding the legal context and practical steps available, affected individuals and their families can better prepare for the challenges ahead and advocate for their rights in both the United States 🇺🇸 and Canada 🇨🇦.

Learn Today

Sixties Scoop → Period (1950s-1980s) when Indigenous Canadian children were forcibly adopted into non-Indigenous families.
Jay Treaty → 1794 agreement recognizing Indigenous peoples’ rights to freely cross US-Canada borders.
Unlawful Re-entry → Criminal charge for re-entering the US without legal authorization or documentation.
Immigration Detention → Custody of individuals by immigration authorities while their legal status is determined.
Indigenous Heritage → Cultural and ancestral identity linked to Native peoples recognized in legal contexts.

This Article in a Nutshell

James Mast, a Cree Sixties Scoop survivor, was detained after crossing into the US without ID. His criminal charges were dropped recognizing Indigenous rights, but he remains in immigration custody pending deportation decisions, highlighting ongoing legal complexities for Indigenous people crossing the US-Canada border.
— By VisaVerge.com

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