The Jay Treaty and Indigenous border rights in the ICE age – MLT Aikins

February 18, 2026

For many Indigenous Peoples whose homelands long predate the Canada-U.S. border, the right to free and unimpeded movement across this artificial line represents an important continuation of community, culture and kinship.

While this right is protected by a centuries-old treaty, The Treaty of Amity, Commerce and Navigation Between His Britannic Majesty and the United States of America (more commonly known as the Jay Treaty), recent escalations in detainment and deportation efforts by Immigration and Customs Enforcement (ICE) in the United States have left Indigenous communities uncertain about the safety of cross-border travel. Incidents occurring between ICE agents and Indigenous travellers – legal travellers carrying valid Canadian passports, Indian status cards and tribal identification – have ended in detainment, interrogation and even reports of mistreatment, calling into question whether these long-standing mobility rights will continue to be respected at the border.

Read More: https://www.mltaikins.com/insights/the-jay-treaty-and-indigenous-border-rights-in-the-ice-age/