The Threat Of Border Security On Indigenous Free Passage Rights In North America

Abstract

This note will examine the development and current state of passage rights under United States (Part I), Canadian (Part II), and Mexican law (Part 111). Part IV of this note will then critically explore the current state of the law as it affects two tribes whose homelands are bisected by the United States\u27 borders with its neighbors: the Mohawk Nation, along the U.S.-Canada border; and the Tohono O\u27odham, on the U.S.-Mexico border. The Note will conclude with an examination of a number of possible changes to border policies affecting the indigenous nations, and a proposal for a unified policy for the United States, Canada, and Mexico in cooperation with the tribes along the border

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