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Abstract

In this Article, we argue that accounting for the experience of Indigenous Peoples in the creation and regulation of borders is critical to advancing a human rights approach to migration and to addressing the legacies of conquest and colonization that undergird nation-state territorial sovereignty. By focusing on the unique situation of Indigenous Peoples, this Article pushes migration law, both in theory and practice, to consider more fully its colonial origins and impacts, and to incorporate a broader concept of individual and collective human rights in law and policy. 

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