3 freedoms I don't have in America

When I moved to the United States on a professional TN work visa, my expectations were high. I am a Canadian native and until recently, had been living in Canada my whole life. I was able to secure a position in Florida as a social worker (one of the 60 NAFTA professions). Unfortunately, this position did not offer the kind of job stability I was accustomed to living and working in Canada. This conundrum lead to more unexpected issues that have me questioning if living and working in the USA is all that better. Today, I wanted to share a few realities that hit me in my journey from The Great White North to the Sunshine State.

1. I am no longer considered "Indigenous"

In Canada I am considered a "status Indian" under the 1876 Indian Act. According to the Canadian government, I am half-Indigenous resulting from my mother's recorded heritage. For Indigenous folks seeking to live and work in the USA, you may be able to use the Jay Treaty to become a permanent resident. However, the United States has a different consideration for who is Native American, and who is not. They request that you provide an official letter from the band you are associated with, or better yet, a letter from Indigenous Affairs detailing your ancestry. The United States uses their made-up "blood quantum" rule to keep many would-be qualified Canadians from residing in the USA. The blood quantum requirement is to demonstrate your lineage is at least 50% Native American. There are a number of problems here which make it difficult to use the "American Indian born in Canada" clause of the Jay Treaty. First of all, the USA has a different definition for whom qualifies as a Native American or a bonafide Indigenous. They have their own US database of recognized tribes in Canada. Metis Canadians are often not considered in this regard.

However, the First Nation I am associated with is a recognized tribe under the USA's requirements. Where I fell short is a consequence of colonial record keeping. While my mother is considered a full status Indian in Canada, because she is unable to verify who her father is I was unable to prove my lineage. Which may seem fair enough. It gets more interesting that the USCIS requirements include an official letter from Indian Affairs to prove your "blood quantum". Fun fact: this department DOES NOT provide this information. They will only document which members of your ancestors were members of a recognized band/tribe. Therefore, even folks who are able to provide this information may be declined by border guards. I was told my USCIS that I am indeed, not Native American. More colonial red tape for descendants of Indigenous Canadians. As a social worker, I was celebrated for my contributions to the field from the Native Centre of the University of Calgary.

2. Medical Marijuana Registry is Public and it is Stigmatizing

Because of my employment situation, I had considered finding a supplemental part-time job to help me financially. I am only authorized to work in my field, and only with additional approval from the Department of Homeland Security. Negotiating and explaining my nonimmigrant visa is daunting enough. But as a user of medical cannabis, this has become even more difficult and disheartening. Being from Canada, Cannabis for medical use has been legal since 2001 with a prescription from your doctor. On October 17, 2018, cannabis for recreational use was legalized federally. While it is unusual for employers in Canada to test for cannabis products (unless the job involves operating heavy machinery), everyone and their dog will want to drug test you in Florida. While living in Canada, I had secured a prescription for cannabis use by my doctor and multiple acts and bills in Canada prevented the discrimination of medical cannabis users in employment. That is absolutely not the case in the USA. The medical cannabis registry in many states is public. This means that a potential employer can look you up as a cannabis patient before they even start looking at your employment history on your resume. Arrests, active warrants, convictions, and more are all available for public gawking in many states in the USA.

3. If You're Gay, it May Not be Okay...

I will admit, I have not experienced any homophobia since relocating to the Southern USA. Most people here are incredibly friendly, helpful, and just seem like great folks. Unfortunately, in some states such as Florida, employers have the ability to discriminate against you for being gay or otherwise associated with the LGBTQ+ community. As a weed smoking lesbian social worker, this has also been a barrier in finding more gainful employment in the USA. This would not be an issue in Canada, or other former British colonies such as Australia, New Zealand, and of course our friends in Great Britain. While I have not been knowingly discriminated against for being gay, it is disheartening to know that it is totally legal. Applying for jobs and knowing I have a lot of stigmatizing factors (non-citizen, medical cannabis patient, lesbian) makes me feel insecure, embarrassed, and well... like I am a second-class citizen. But, I am.

There are some other issues relating to my ability to do things like bank, invest, even downloading certain apps and using products on my phone which I may write a follow up article on. However, I felt these three points impacted me the most since they relate to my identity, my race, my ability to work and earn money.

They say the grass is always greener on the other side. This is not always true. While I have gained some other freedoms that do not always presently exist in Canada, it has been a hard trade off. Only time will tell if my journey to the USA was a good idea. In the present, I continue to cope with these obstacles. I hope I can find stability soon in the land of opportunity.