Monday, December 11, 2006
Undocumented Migrants are Criminals in Mexico
By Enrique Andrade González
The new administration in Mexico is undertaking a
number of actions during its first 100 days in office in order to send the message that it is keeping promises made during
the presidential campaign. Vows to create jobs, and to reorient the economy to
get finances into shape and promote both national and foreign investment. The
goal too is to offer security to Mexicans and investors alike through compliance with the law, and by doing away with impunity
given dissident groups that resort to violence.
As well, the hope is for something specific associated
with a new migration policy.
Mexico is a nation that generates emigrants, with
one out of every seven workers leaving the country. Furthermore, it receives
immigrants from abroad, mainly from Central and South America. Yet up to now
Mexico’s national migration policy and practices have failed to respond to complaints that we must insure proper treatment
of Mexicans living abroad, and respect for their human rights in the United States regardless of their legal status.
In Mexico however, according to the General Population
Law, a migrant who does not have proper documents legalizing his or her presence in the country is considered a criminal. Still, the law is not generally applied in such harsh terms although the legal requisites
exist, and with them the possibility of penalizing what is legally a crime.
Mexico’s migration policy responds more to
repressive police questions, rather than to an understanding of the phenomenon and respect for the human rights of foreign
migrants.
Even the United Nations, through its Committee on
Migrant Workers that oversees rights of all migrant workers and their families, has stated that there are legal violations
in the detentions, holding procedures, detention facility conditions, processing of migrants, and in the expulsion of foreigners.
Mexico’s General Population Law and its Regulation,
while authorizing the temporary holding of foreigners in special detention locations, require authorities to rule on the expulsion
of a person within 15 days. Internally migration authorities justify detentions
for up to 90 days, although it is increasingly frequent for custody to last more than four months, as is the case with a group
of four Chinese women who have been held in Mexico City since July 30.
With respect to young foreigners found living in
Mexico, both women and men, detentions are lengthy and arduous.
According to an August 19, 2003 to March 11, 2004
study by the “Sin Fronteras” organization, out of 44 young detainees interviewed only 14 knew why, and until when,
they were being held. The remaining 30, foreign women, had no information. Calling them victims of discrimination without access to proper defense, the organization
concluded that migrants in Mexico continue to be the subjected to frequent violations of their human rights.
In 2003, a total of 187,537 people were taken into
custody for illegally being in Mexico. Most of them were from Brazil, Costa Rica,
Ecuador and China, and following arrest they were incarcerated in permanently overcrowded immigrant detention centers. Furthermore, their consulates rarely if ever intervened on their behalf, insofar as
with some countries, such as China, if they would be sent home due to deportation they would then be imprisoned.
Among other things, the anticipated policy towards
foreign migrants by the new government will have to deal with issues of guaranteeing their rights, decriminalization, seasonal
workers’ agreements, and standardization of migratory matters with Central and South American countries.
Moreover, the subject of migration is important in
Mexico to the degree it merits a cabinet level secretariat that would attend not just to the consequences of migration, but
to a better understanding of its causes as well. This could spearhead a worldwide
movement in support of migrant workers’ rights, starting out as an example in the granting and respect of said rights.
Although President Felipe Calderón said that gaining
a migration agreement with the United States is not a priority — in order to distance himself from his predecessor,
the setting of a public policy that specifically and integrally addresses all aspects of migration, including respect for
the rights of migrant workers and the search for alternatives in understanding, must be a priority.
Modifications to Mexico’s immigration policies
and practices are expected, as are changes in highlevel migration officials, during these first 100 days of government. And these adjustments should also include the message that Mexico is assuming an historic
role by making the subjects of migration, migrants and migrant’s rights world level top priorities.
Enrique Andrade, a Mexico City-based attorney and business consultant, writes a weekly
column for MexiData.info. He can be reached via e-mail at enriqueag@andradep.com.
