Federal Court Strikes Down Education Department Policy Requiring Green Cards for Jay Treaty Students

A federal court has ruled against a U.S. Department of Education policy that mandated Canadian-born Mohawk students to provide immigration documents, including a Green Card, to qualify for federal student aid. This decision, issued by the U.S. District Court for the Northern District of New York on September 1, 2026, vacates the policy in its entirety, reaffirming the right of Jay Treaty students to access federal student aid without unnecessary barriers. The court found the policy unlawful for failing to adequately explain the departure from longstanding practice and for exceeding the Department's legal authority under the Higher Education Act.