[RO] Jay Treaty and Residency

[Dan Bye]

My impression on Jay Treaty is that it is a federal consideration and covers cross-border movement, but has no state-level residency-for-tuition-purposes considerations other than allowing an individual who is not a US citizen and has Jay Treaty rights to establish domicile in WA without needing permanent residency or some form of non-student visa. Eligibility for resident tuition based on tribal membership is covered by RCW 28B.15.0131 and is limited to the WA-associated tribes and enrolled members domiciled in the MT, OR, ID, and/or WA combo.

Individuals from COFA states also don't need visas, which used to pop up as a residency quirk sometimes...but now those would fall under the updated federal requirement. I don't know of a similar federal requirement that requires in-state tuition that is tied to Jay Treaty. If someone else does, I'd be glad to know it!

C. Dan Bye
WWU Registrar's Office
byec at wwu.edu<mailto:byec at wwu.edu> | 360.650.2019<tel:360-650-2019> | Registrar's  Website<http://www.wwu.edu/depts/registrar/>


From: RO <ro-bounces at lists.ctc.edu> On Behalf Of Freuden, Jill via RO
Sent: Thursday, April 17, 2025 3:37 PM
To: ro at lists.ctc.edu
Subject: [RO] Jay Treaty and Residency

Hello all,
I was recently asked about whether we offer resident tuition for students who qualify for the Jay Treaty. If you're like me and don't know what the Jay Treaty is, it appears to be a treaty from 1794 that grants border access to Canadian-born individuals with at least 50% Native blood. To quote a document published by WWU in Fall 2023, attached, "The right of Indigenous peoples under the Jay Treaty to live, work, and study in the United States has been protected by U.S. statute since 1952." The same document states that students who qualify for Jay Treaty rights are eligible for federal student aid, but the treaty alone does not grant in-state tuition.

We have some folks here who believe that the Jay Treat does grant in-state tuition, so my question is do you? Either way, can you point me to any documentation that covers this subject in Washington state?

Jill '87 Music - Go Cougs!

[WSU logo]
JILL FREUDEN
ASSISTANT REGISTRAR
University Residency Officer
Residency for Tuition Purposes<https://residency.wsu.edu/>
Washington State University
residency at wsu.edu<mailto:residency at wsu.edu>




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