Greg Boos and Greg McLawsen have posted “American Indians Born in Canada and the Right of Free Access to the United States” on SSRN. Here is the 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.
Turtle Talk 