Mexico’s Immigration Law (Tougher than ours.)
By J. Michael Waller
Mexico has a radical idea for a rational immigration policy that most Americans would love. However, Mexican officials haven’t been sharing that idea with us as they press for our Congress to adopt the McCain-Kennedy immigration reform bill.
That’s too bad, because Mexico, which annually deports more illegal aliens than the United States does, has much to teach us about how it handles the immigration issue. Under Mexican law, it is a felony to be an illegal alien in Mexico.
At a time when the Supreme Court and many politicians seek to bring American law in line with foreign legal norms, it’s noteworthy that nobody has argued that the US look at how Mexico deals with immigration and what it might teach us about how best to solve our illegal immigration problem.
Mexico has a single, streamlined law that ensures that foreign visitors and immigrants are:
• in the country legally;
• have the means to sustain themselves economically;
• not destined to be burdens on society;
• of economic and social benefit to society;
• of good character and have no criminal records; and
• contributors to the general well-being of the nation.
The Mexican law also ensures that:
• immigration authorities have a record of each foreign visitor;
• foreign visitors do not violate their visa status;
• foreign visitors are banned from interfering in the country’s internal politics;
• foreign visitors who enter under false pretenses are imprisoned or deported;
• foreign visitors violating the terms of their entry are imprisoned or deported;
• those who aid in illegal immigration will be sent to prison.
Who could disagree with such a law? It makes perfect sense. The Mexican constitution strictly defines the rights of citizens – and the denial of many fundamental rights to non- citizens, legal and illegal. Under the constitution, the Ley General de Población, or General Law on Population, spells out specifically the country’s immigration policy.
It is an interesting law – and one that should cause us all to ask, Why is our great southern neighbor pushing us to water down our own immigration laws and policies, when its own immigration restrictions are the toughest on the continent? If a felony is a crime punishable by more than one year in prison, then Mexican law makes it a felony to be an illegal alien in Mexico.
If the United States adopted such statutes, Mexico no doubt would denounce it as a manifestation of American racism and bigotry.
Part II: Mexico’s main immigration law
We looked at the immigration provisions of the Mexican constitution.[1] Now let’s look at Mexico’s main immigration law.
Mexico welcomes only foreigners who will be useful to Mexican society:
• Foreigners are admitted into Mexico “according to their possibilities of contributing to national progress.” (Article 32)
• Immigration officials must “ensure” that “immigrants will be useful elements for the country and that they have the necessary funds for their sustenance” and for their dependents. (Article 34)
• Foreigners may be barred from the country if their presence upsets “the equilibrium of the national demographics,” when foreigners are deemed detrimental to “economic or national interests,” when they do not behave like good citizens in their own country, when they have broken Mexican laws, and when “they are not found to be physically or mentally healthy.” (Article 37)
• The Secretary of Governance may “suspend or prohibit the admission of foreigners when he determines it to be in the national interest.”(Article 38)
Mexican authorities must keep track of every single person in the country:
• Federal, local and municipal police must cooperate with federal immigration authorities upon request, i.e., to assist in the arrests of illegal immigrants. (Article 73)
• A National Population Registry keeps track of “every single individual who comprises the population of the country,” and verifies each individual’s identity. (Articles 85 and 86)
• A national Catalog of Foreigners tracks foreign tourists and immigrants (Article 87), and assigns each individual with a unique tracking number (Article 91).
Foreigners with fake papers, or who enter the country under false pretenses, may be imprisoned:
• Foreigners with fake immigration papers may be fined or imprisoned. (Article 116)
• Foreigners who sign government documents “with a signature that is false or different from that which he normally uses” are subject to fine and imprisonment. (Article 116)
Foreigners who fail to obey the rules will be fined, deported, and/or imprisoned as felons:
• Foreigners who fail to obey a deportation order are to be punished. (Article 117)
• Foreigners who are deported from Mexico and attempt to re-enter the countrywithout authorization can be imprisoned for up to 10 years. (Article 118)
• Foreigners who violate the terms of their visa may be sentenced to up to six years in prison (Articles 119, 120 and 121). Foreigners who misrepresent the terms of their visa while in Mexico – such as working with out a permit – can also be imprisoned.
Under Mexican law, illegal immigration is a felony. The General Law on Population says,
• “A penalty of up to two years in prison and a fine of three hundred to five
thousand pesos will be imposed on the foreigner who enters the country
illegally.” (Article 123)
• Foreigners with legal immigration problems may be deported from Mexico
instead of being imprisoned. (Article 125)
• Foreigners who “attempt against national sovereignty or security” will be
deported. (Article 126)
Mexicans who help illegal aliens enter the country are themselves considered
criminals under the law:
• A Mexican who marries a foreigner with the sole objective of helping the
foreigner live in the country is subject to up to five years in prison. (Article 127)
• Shipping and airline companies that bring undocumented foreigners into Mexico will be fined. (Article 132)
All of the above runs contrary to what Mexican leaders are demanding of the United States. The stark contrast between Mexico’s immigration practices versus its American immigration preachings is telling. It gives a clear picture of the Mexican government’s agenda: to have a one-way immigration relationship with the United States.
Let’s call Mexico’s bluff on its unwarranted interference in U.S. immigration policy. Let’s propose, just to make a point, that the North American Free Trade Agreement (NAFTA) member nations standardize their immigration laws by using Mexico’s own law as a model.
RSS - Posts
P.E.R. lives out west with a dog named Cheyenne.
very interesting! This is good research but u won’t see it reported in the mainstream media will you? As I heard on the Chris Plant show this morning, we have a North-South based immigration policy now, as opposed to a South-North! Crazy.
Your blog is really awesome. I found it while searching user forums on RSS/subscriptions.
Btw, isn’t akismet some kind of computer language or something?
I applaud this article, the U.S. needs to get into shape big time……..and stop all the circus acts.
As with many Mexican laws, this one’s a sham. It’s another script in the on-going dog-and-pony show they perform for the US government, ad nauseum. (see: drug traffickers) Every day, hundreds of undocumented Hondurans, Nicaraguans etc. are allowed through Mexico’s southern border. The magic words? ” We’re headed for the US “. ( None will ever just stay in Mexico?) They openly congregate at railway stations and “coyotes ” drive them through the countryside in open trucks, with impunity. Often in plain view of those “ever vigilant” Federales. Documentaries have exposed this fact.
Mexico can write the toughest laws they want, but “enforcement” is usually subject to one’s “pay-to-play” ability.
I was falsely accused of a crime and spent 6 days in a Mexican prison in July, and have been under house arrest since. I was just ordered back to jail for asking for emergency leave to re-enter the US to see my doctors. I am 100 % disabled, and when I asked to go to a doctor the prison cuffed me to the back of a pickup and took me to the hospital on the 2nd day, in the rain! The doctor took my pulse, 145 over 95 (I have had two strokes already)and declared I was well, and ordered that all my American medicines be cancelled! The American Embassy is trying to help, but are afraid to try to push for my human rights. The evidence part of the hearing is over, and I introduced four deeds and a state survey, plus testimoney from the people that sold us both our property to prove that her lot is 12 meters and her wall is 15 meters, robbing me of a big part of a tiny ocean front lot. She accused me of tearing down a wall on her land, and no one has investigated anything, but they threw me in jail! There are many charges against that woman, and I need help getting through to someone that will listen to my story about the corruption in the police department, the department of justice, the mayor of Progresso, and the governor who refuses to look into this matter. The women hired someone to beat me with fence posts, and I had over $20,000 in medical bills. She hired another person to kill me and he turned her in to the police, but they still have not investigated. She spray painted my home, calling my wife a whore and saying for me to go to hell. She pointed guns on my workers, and all is documented, and nothing investigated. Every cop, including the chief of police in Progresso has asked for a bribe and I need help from some American new agency. I do not need money, I need exposure to the corruption and freedom to go see my doctor and my Mother who is dying in a nursing home. Please email me at flamingojacks@msn.com. I have lots of references, and am a Methodist missionary here in Yucaan, Mexico.
Lorna, Jack’s comment is far from a crank remark. His plight is not uncommon for many Americans drawn to Mexico in an effort to make their SS dollars stretch further. It’s a thoroughly corrupt third-world country and I won’t bore you my own personal experiences, but for you to have a “Mexican Immigration Law” banner on your site is somewhat offensive, in terms of some model we should uphold, or even pay any attention to.
Lorna,
I hope my references are starting to contact you, and you will see exactly how true this is. Actually, I did not have room to tell you how bad it is. The US Embassy here has evolved into a place that processes thousands of Mexican applications for visas every week. Millions of people pay about $400 or so to apply, but only 30,000 are actually selected, and no refunds are issued to those who don´t get permission. Some people reapply every year for about 20 years before gaining a visa to lead to a green card and possible citizenship. As a result, they do not put pressure on Mexican officials in any way, as it is a violation of our right to have an embassy here. I feel like we need to write a new treaty about embassy influence, and purpose of representing American standards of justice and we should just shut it down if we can not offer protection of basic human rights to our people. Why would Mexicans want to live here in Mexico with the system like it is? I met people in prison that were so poor they were serving multi-year sentences because they did not have $50 to pay their penalty! Anyone in their right mind would try to flee here, and we need to do something at the place of the problem to stop people fleeing the lack of rights, protection from violence,lack of school for their children wich is lack of a future for them, and hunger. We need to have some influence on the estimated 35 cents an hour that is the minimum wage in Mexico. Can you blame them for seeking opportunity? Soon, all of Mexico will be coming in waves that made the predepression numbers look weak! People are already so at risk they could apply for amnesty because their lives are in danger if they continue to live here. As a Christian naion, we need to deal with this, and we need to deal with it in Mexico. The people want better, they deserve better, and they are willing partners in any effort we make to oust corruption and increase minimum wages!
Thank you for your efforts on my behalf. As far as I know the warrant is still out for my arrest. I am locked in a mission compound I own on about an acre of land, and my fornt door is locked, and I have several people watching out for me. The people at the embassy say they want to help me, but not to hold my breath. One question I have is if that is so, why was my human rights not investigated that I filed with them in July, and they just agreed to start looking into it yesterday? In defense of those who work at our embassy, let me say they are understaffed, over worked, and subject to some casper milktoast diplomatic policy that leaves American Citizens At Risk.