An immigration
pact could include Mexico policing its own
By Barnard R. Thompson
Once again an immigration pact between Mexico and
the U.S. could come to the negotiating table, with hoped for cooperative efforts to resolve as many of the interrelated issues
and problems as possible. Yet official interest in anticipated talks is coming
in tandem with a rising tsunami of ire in the U.S., where more and more citizens are expressing displeasure with undocumented
migrants who enter this country illegally.
Too, this is exacerbated by memories of September
11, 2001, and the fear that terrorists from afar could use Mexico and the porous U.S.-Mexico border for access to commit future
atrocities.
However something must be done and today should be seized upon as an opportunity.
In certain circles the onus related to migrant workers and their rights is placed on the U.S., whereas others
condemn Mexico and Mexicans for the illegal immigration phenomena. But the finger
pointing and name-calling accomplishes nothing.
Still, for the sake of this one-sided commentary the spotlight is on Mexico.
There are those in Mexico who continue to aggressively insist on an immigration accord with the U.S., with demands
that frequently seem only self-serving. However to gain something one must often
cede something — and just maybe this too is an opportunity for Mexico and Mexicans.
In an essay that is more monologue than colloquy, the habitual refusal by Mexico to genuinely assist the U.S.
in stopping the northbound flood of undocumented migrants is questioned according to Mexican laws.
Almost always, when complaints are lodged regarding
undocumented Mexicans crossing the northern border and Mexico’s refusal to stop the flow, officials argue that citizens
have the constitutional right of free transit that includes egress beyond national boundaries.
However other laws, as authorized by the Constitution, clearly require departing Mexican to have proper documentation
and for them to exit (or enter) the country at designated locations.
The freedom of travel claim is first based on Article
11 of the Constitution, that states: “Everyone has the right to enter and leave the Republic, to travel through its
territory and to change residence without necessity of a letter of security, passport, safe-conduct or any other similar requirement.
The exercise of this right will be subordinated to the powers of the judiciary in cases of civil or criminal liability, and
to those of administrative authorities insofar as concerns the limitations imposed by laws regarding emigration, immigration
and general health of the Republic, or in regard to undesirable aliens resident in the country.”
The General Population Law (LGP), and its Regulation
of the General Population Law govern most emigration and immigration matters in Mexico.
Too, the LGP confers this duty on the Secretariat of Government that in turn includes the National Migration Institute.
According to Article 7.II. of the LGP, “(The
Secretariat of Government will) guard/watch over the entry and departure of nationals and foreigners, and review the documentation
of the same.” It specifically says “nationals,” or Mexican
citizens.
Article 10 charges the Secretariat of Government
with determining entry and departure seaports, airports and border crossings; Article 11 says “The international transit
of people via ports, airports and borders will only be able to take place at designated locations and during set hours”;
and Article 13 dictates that “nationals and foreigners, in order to enter or leave the country, will have to met the
requisites set forth in the present Law, its regulations and in other applicable provisions.”
Article 99, in the Regulation of the LGP section
on Migratory Movement, notes that migratory movement in this chapter means “the international transit of foreigners
or nationals, be it entering or leaving to or from the country.” Article
100.IV., in reference to Articles 10 and 11 in the Law, says: “At locations unauthorized for international transit,
the Secretariat will exert that vigilance it considers necessary through migratory service personnel and the Federal Preventative
Police.”
It should also be noted that Article 100 seeks to
establish full control over international transit, and to avoid any and all illegal entries by foreigners.
With respect to foreigners, the aforementioned laws
and regulations grant qualifying visitors the same freedom of transit as nationals, excepting with respect to security. On this latter point, the LGP and its Regulation state that control must be maintained
over all foreigners who enter and stay in the country.
Foreign nationals must obtain visitor permits, that
are referred to as administrative control measures, in order to enter and spend time in Mexico. Yet those permits, while having certain restrictions, do not necessarily limit an individual’s freedom.
