Nations Divided: The Enduring Struggle of Indigenous Peoples Against International Borders
For millennia, the Indigenous nations of North America lived, traded, and governed across vast territories, their lands defined by natural features, ancestral migrations, and intricate networks of relationships, not by arbitrary lines drawn on a map by distant powers. Today, these ancient nations find themselves bisected, often brutally, by the international boundaries of the United States, Canada, and Mexico. These invisible yet impenetrable lines have fragmented communities, severed sacred ties to land, impeded cultural practices, and imposed immense logistical and existential challenges on peoples whose sovereignty predates the very concept of these modern nation-states. The struggle of Indigenous peoples against these imposed borders is not merely a question of passage; it is a profound assertion of identity, sovereignty, and the inherent right to self-determination.
The genesis of this predicament lies in the colonial era, when European powers carved up the continent with scant regard for the Indigenous inhabitants. Treaties between European empires, and later between the nascent United States, Canada, and Mexico, established borders that often sliced through established Indigenous territories. The 1783 Treaty of Paris, which ended the American Revolutionary War, and the 1848 Treaty of Guadalupe Hidalgo, which concluded the U.S.-Mexican War, are prime examples. These agreements drew lines across maps, effectively dividing sovereign Indigenous nations into segments governed by different national laws, without their consent or even consultation. This historical injustice continues to manifest in daily struggles for countless communities, from the Mohawk of Akwesasne straddling the U.S.-Canada border to the Tohono O’odham divided by the U.S.-Mexico barrier.
The US-Canada Border: A Line Through Living Communities
Perhaps no community illustrates the complexities of a divided nation more vividly than the Mohawk Nation of Akwesasne. This vibrant community finds itself uniquely bisected by the international border, sprawling across parts of New York State in the U.S., and Ontario and Quebec in Canada. For the Akwesasne, the border is not a distant concept but a daily reality that impacts every aspect of life. Children cross the border to attend school, families reunite across checkpoints, and traditional ceremonies are held on lands that technically belong to two different countries.
"We have always been one people, one nation," states Mohawk Council of Akwesasne Chief Abram Benedict. "The border was imposed on us, and it continues to create barriers to our way of life, our governance, and our ability to move freely within our own territory." The Jay Treaty of 1794, an agreement between the United States and Great Britain, famously included a provision (Article III) granting Indigenous peoples the right to "pass and repass" freely across the U.S.-Canada border. However, this right has been inconsistently applied and frequently challenged, leading to frustration and legal battles. Akwesasne residents often face heightened scrutiny, delays, and even detention when crossing, a stark contrast to the intended spirit of the treaty. This tri-jurisdictional reality – New York, Ontario, and Quebec, alongside Akwesasne’s own sovereign governance – creates a complex web of laws, regulations, and enforcement issues, from policing and healthcare to environmental protection, often leading to confusion and jurisdictional gaps.
Further west, the Siksikaitsitapi (Blackfeet Confederacy), comprising the Siksika, Kainai, Piikani, and Aamsskaapipiikani (Southern Piegan/Blackfeet Nation), traditionally occupied a vast territory stretching across what is now Montana and Alberta. Today, the U.S.-Canada border dissects their ancestral lands, separating kin and disrupting millennia-old cultural practices. Before the border, these nations moved freely, following bison herds, engaging in ceremonies, and maintaining intricate social and political relationships. Now, these connections are hindered by passport requirements, visa restrictions, and the administrative burdens of two nation-states. The border not only restricts physical movement but also fragments cultural continuity, making it harder for youth to connect with elders and traditions across the arbitrary divide. Hunting and fishing rights, once exercised across a unified territory, become complex legal battles subject to differing national and provincial/state regulations.
Other nations, such as the Anishinaabeg (Ojibwe) along the Great Lakes and the Coast Salish peoples of the Pacific Northwest, face similar challenges. The border disrupts access to sacred sites, traditional harvesting areas, and ceremonial grounds, all vital for the maintenance of their spiritual and cultural identities. For these communities, the international boundary is a constant reminder of a sovereignty denied and a unity fragmented.
The US-Mexico Border: A Wall Through Sacred Lands
The U.S.-Mexico border presents an even more militarized and physically imposing division for Indigenous nations. The Tohono O’odham Nation, whose ancestral lands, known as the O’odham Jeved, span what is now southern Arizona and northern Sonora, Mexico, is perhaps the most prominent example. The border wall, a tangible manifestation of national sovereignty, literally cuts through their territory, disrupting sacred sites, traditional migration routes for both people and wildlife, and separating families.
"The border wall is a scar across our land, a desecration of our sacred sites, and a barrier to our people," says Ned Norris Jr., Chairman of the Tohono O’odham Nation. "Our ancestors walked this land freely for thousands of years. This wall does not protect us; it harms us." Construction of the wall has involved dynamiting hills considered sacred by the O’odham, destroying burial grounds, and impeding access to traditional water sources and medicinal plants. The increased presence of Border Patrol agents on their lands is often perceived as an occupation, infringing upon their inherent sovereignty and creating an atmosphere of fear and surveillance within their own territory. Many Tohono O’odham citizens live in Mexico, yet their spiritual and cultural heart remains with the Nation in the U.S. The wall makes visits to family, participation in ceremonies, and access to tribal services incredibly difficult, if not impossible.
Further west, the Kumeyaay people of California and Baja California, Mexico, face similar predicaments. Their traditional territory extends across both sides of the border, and the escalating border militarization has severed long-standing ties between communities. The construction of fences and roads has not only destroyed culturally significant sites but also disrupted the delicate ecological balance of their ancestral lands, impacting the plants and animals vital to their traditional sustenance and spiritual practices. For the Kumeyaay, the border wall is not just a barrier to human movement but a barrier to their very cultural survival.
The Kickapoo Traditional Tribe of Texas, with strong ties to communities in Oklahoma and Coahuila, Mexico, represents another complex case. Their historical migrations and forced relocations have resulted in communities spanning three distinct national and state jurisdictions. Maintaining cultural unity, language, and ceremonial practices across these divides requires immense effort and constant negotiation with national immigration systems. For these nations, the concept of dual citizenship takes on a profound, deeply personal meaning, as they navigate their identity as citizens of their Indigenous nation and citizens of the modern states that claim their lands.
Challenges to Sovereignty and Identity
The imposition of international borders on Indigenous nations creates a multifaceted array of challenges that strike at the heart of their existence:
- Erosion of Sovereignty: The most fundamental challenge is the inherent conflict between tribal sovereignty and state sovereignty. When a nation-state dictates who can cross a line through Indigenous territory, it undermines the Indigenous nation’s authority over its own lands and people.
- Cultural Disruption: Borders impede the free movement of people, which is crucial for maintaining familial ties, participating in ceremonies, transmitting traditional knowledge, and accessing sacred sites and natural resources vital for cultural practices. This can lead to cultural erosion and the weakening of community bonds.
- Economic Stagnation: The division of traditional territories disrupts established trade routes, resource sharing, and economic development opportunities. Restrictions on movement of goods and people can hinder tribal businesses and prevent unified economic strategies.
- Jurisdictional Quagmire: The presence of multiple national and tribal jurisdictions creates confusion in law enforcement, healthcare provision, education, and environmental management. This often leaves Indigenous communities in legal and administrative limbo, struggling to access essential services.
- Environmental Degradation: Border infrastructure, from walls to roads, often destroys pristine environments, disrupts wildlife migration, and impacts water sources, directly harming the ecosystems that Indigenous peoples depend on and have traditionally stewarded.
- Identity Crisis: Individuals born into a nation bisected by a border often grapple with complex questions of identity and citizenship, feeling allegiance to both their ancestral nation and the modern state, yet fully recognized by neither in practice.
Advocacy and the Path Forward
Despite these immense challenges, Indigenous nations are not passive victims. They are actively asserting their inherent rights and advocating for solutions. Tribal governments are increasingly engaging in direct diplomacy with federal governments, bypassing state and provincial authorities, to advocate for the recognition of their border-crossing rights and the integrity of their territories. Legal challenges, referencing treaties like the Jay Treaty and international instruments such as the United Nations Declaration on the Rights of Indigenous Peoples (UNDRIP), are being pursued to affirm Indigenous rights to freedom of movement and self-determination.
Grassroots movements are also powerful. Indigenous communities have mobilized against border wall construction, organized protests, and used media attention to highlight the human and environmental costs of these divisions. They are calling for a paradigm shift – one that moves beyond a nation-state-centric view of borders to one that respects the historical and inherent sovereignty of Indigenous nations. This includes calls for special border crossing documents, dedicated tribal border liaison offices, and a greater role for tribal governments in border management decisions affecting their lands and people.
The struggle of Indigenous nations against international boundaries is a poignant reminder that borders are human constructs, often imposed with devastating consequences on those who lived on the land long before their creation. It is a struggle for recognition, for justice, and for the fundamental right of a people to remain whole. For the Mohawk, the Tohono O’odham, the Blackfeet, and countless others, the lines on the map are not just lines; they are barriers to their past, present, and future, challenging the very essence of who they are as sovereign nations. A true reconciliation must begin with dismantling these artificial divisions and recognizing the enduring reality of Indigenous nationhood, unbounded by arbitrary lines.
