Favorable Decision Now Final in Rourke-Rodriguez v. United States Department of Education for Mohawk “Jay Treaty” Students

AKWESASNE — (Kentenhkó:wa/November 4, 2026) There has been a major development in the Rourke-Rodriguez v. United States Department of Education commonly referred to as the “Jay Treaty Students” lawsuit filed by the Saint Regis Mohawk Tribe on behalf of the student plaintiffs. On September 1, 2026 the U.S. District Court for the Northern District issued a ruling striking down the Department’s requirement for Canadian-born Mohawk Students to obtain immigration documents, to prove Lawful Permanent Residency in the U.S., as a condition of eligibility for federal student aid.

On October 29th the U.S. Department of Education filed an appeal. On November 2nd the Department filed a notice with the District Court that it was voluntarily moving to dismiss its appeal motion which was granted by the Court on November 3rd. As a result, the Court’s favorable ruling for the students is now final—the Department’s attempt to change the requirements for eligibility of Canadian-born Mohawk student seeking financial aid is vacated. The previous policy allowing application for aid without obtaining immigration documents is reinstated as of the date of the District Court’s decision. 

“It is momentous that the Department of Education has dismissed its appeal. Our students born in Canada may continue to apply for and obtain the financial aid that they are entitled to. We are proud to stand with our students who have the right to pursue higher education without bureaucratic complications and undue barriers. Education should be accessible to all, and we will fight to ensure that remains true,” remarked the Tribal Council.

The Saint Regis Mohawk Tribe celebrates this outstanding legal victory—affirming rights for American Indians born in Canada.