Social Problems Across the Border
The Medicine Line Causes Trouble for Aboriginals
Drug Trafficking and other challenges for Aboriginal nations divided by the US-Canadian border.
In Wars: The French and English
I gave the history of the US-Canadian border and the treaties that affected Aboriginals living along it. Currently the US-Canadian border creates social and law enforcement challenges for Aboriginal nations it divides.
Aboriginals Divided by the US-Canadian Border
The US-Canadian border was defined through negotiations between the US and England--negotiations that Aboriginals were not a party to and which divided many Native American nations from their First Nations cousins. One such nation is the St. Regis Mohawk, living in northern New York and the Mohawk Nation of the Akwesasne living in the provinces of Ontario and Quebec. The divisions have caused social as well as law enforcement issues.
Social Issues of Aboriginals on the US-Canadian Border
Despite wording in Jay's Treaty that Indians would be allowed to pass freely " . . . with their own proper goods and effects of whatever nature..." without being required to "...pay for the same any impost or duty whatever [,]" The American Immigration and Nationality Act later added the following restriction ", ...but such right shall extend only to persons who possess at least 50 per centum of blood of the American Indian race.". This means that First Nations peoples entering the US to live or work must furnish a letter from their tribal office confirming blood quantum. For American Indians trying to cross into Canada, it can be even harder. Canada never recognized Jay's Treaty as law, but, instead, upheld its provisions through Common Law. Recent rulings have been much more restrictive, requiring, according to a recent Indian Country Today article demonstration of "...a cultural or historical 'nexus' to the specific area in Canada he wishes to visit." In other words, American Indians can only pass freely into Canada in areas where they have longstanding historical connections. This imposes a particular burden on tribes relocated to border areas.
Post-9/11 Mohawk crossing either way for any reason are subject to inspection and major delays.
Law Enforcement Issues for Aboriginals on the US-Canadian Border
Most reservations are in remote locations along the border. Also, federally recognized tribes in the US are "protected sovereign nations." (See The Marshall Trilogy) So, in this case they handle their own law enforcement. Add to this that on the Mohawk reservation land bridges form during the winter making convenient places for smugglers to cross in out-of-the-way areas. This puts a tremendous strain on tribal law enforcement--draining much needed funds for social services--especially as federal funding for border protection and Homeland Security does not go directly to tribes, but is funneled through state governments.
