MCA FILES AMICUS BRIEF FOR AKWESASRONON CROSS BORDER RIGHTS

- Feb 18, 2026

MCA FILES AMICUS BRIEF FOR AKWESASRONON CROSS BORDER RIGHTS

The Mohawk Council of Akwesasne has filed a brief as amicus curiae in the United States District Court for the Northern District of New York in support of plaintiffs challenging federal actions that would require Akwesasronon born in Canada to obtain immigration documentation to access federal student financial aid.

The amicus brief traces the historical and legal foundations of the right of Akwesasronon born in Canada to move freely across the border, including:

Recognition of free passage in Article III of the 1794 Jay Treaty;
Judicial affirmation of that right in United States ex rel. Diabo v. McCandless (1927–1928);
Congressional codification of the right in the Act of April 2, 1928; and
Reenactment of that protection in Section 289 of the Immigration and Nationality Act, now codified at 8 U.S.C. § 1359.

The brief further explains that federal regulations, including 8 C.F.R. § 289.2, recognize qualifying American Indians born in Canada as lawful permanent residents without requiring them to obtain immigration documentation such as a “green card.”

In its filing, the Mohawk Council of Akwesasne argues that:

Congress expressly said nothing in federal immigration law may “affect” the right of Akwesasronon born in Canada to pass the borders of the United States.
Requiring individuals protected under 8 U.S.C. § 1359 to register with federal immigration authorities or obtain green cards would unlawfully burden and affect that right.
The U.S. Department of Education lacks authority to impose immigration registration requirements that Congress has limited or prohibited.
Department of Education regulations must be interpreted consistently with federal immigration law and longstanding judicial precedent.

The Mohawk Council of Akwesasne filed the amicus brief to ensure that the court is fully informed of the historical context and legal framework surrounding the rights of Akwesasronon born in Canada.

As detailed in the filing, Council maintains that federal agencies may not impose documentation or registration requirements that would undermine or condition the exercise of rights expressly protected by Congress.

Any questions or concerns can be directed to:
Cheyenne Lazore
Manager, Akwesasne Rights and Research Office (ARRO)
Cheyenne.lazore@akwesasne.ca
613-575-2250 ext. 2134

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