American Indians Born in Canada and the Right of Free Access to the United States

Boos, Greg; McLawsen, Greg

American Indians Born in Canada and the Right of Free Access to the United States

Concurrently published: (1) Vol. 18 No. 18 Bender's Immigr. Bull. 1 (Oct. 1, 2013); and (2) Border Policy Research Institute, Western Washington University, Research Report No. 20 (October 2013)

47 Pages Posted: 6 Oct 2013

See all articles by Greg Boos

Greg McLawsen

Sound Immigration

Date Written: October 1, 2013

Abstract

Certain American Indians born in Canada enjoy access to the United States unrestricted by the Immigration and Nationality Act, a right stemming from the Jay Treaty of 1794. An examination of this right, reflected by codification as § 289 of the INA, reveals qualifying ABCs are entitled to privileges unparalleled by all but United States citizens to enter and remain in the U.S. “for the purpose of employment, study, retirement, investing, and/or immigration” or any other reason.

Keywords: Indians, Immigration, American Indians

Suggested Citation: Suggested Citation

Boos, Greg and McLawsen, Greg, American Indians Born in Canada and the Right of Free Access to the United States (October 1, 2013). Concurrently published: (1) Vol. 18 No. 18 Bender's Immigr. Bull. 1 (Oct. 1, 2013); and (2) Border Policy Research Institute, Western Washington University, Research Report No. 20 (October 2013) , Available at SSRN: https://ssrn.com/abstract=2334394