A Paper on Mex.Imm.Law by 2 NY Professors

21 03 2011
Mexico Institute

From the Mexico Institute at the Wilson Center's webpage

This month, two professors at the University at Albany-SUNY published a paper analyzing Mexico’s immigration laws, with the title “Understanding Mexico’s Changing Immigration Laws.” The research was sponsored by the Mexico Institute of the Wilson Center,

The piece is highly critical of Mexico’s approach to immigration in its own territory, vis-à-vis its posture and demands towards the United States regarding how Mexican nationals generally, and those without legal status particularly, are treated in the U.S. It also details the effect that such approach had on the U.S. comprehensive immigration reform effort.

The authors highlight what they perceive as shortcomings of the  Ley General de Población (General Law of Population) of 1974 and the Instituto Nacional de Migración (Nat’l Immigration Institute, INM).

The Mexican government and Congress are currently working on a comprehensive immigration reform in Mexico. The Cámara de Senadores (Mexican Senate) should eventually vote on a bill proposal introduced by 10 Senators from all 3 main political parties to bring Mexican immigration law to day.

Beyond that effort, President Calderón enacted a Law for Refugees last January, and the INM has a new Manual since last year that better approaches immigration to Mexico. Both efforts are described in the Wilson Center paper. Also, the INM’s webpage is more transparent, relevant information is easily available, and pending cases can be checked online.

Understanding Mexico’s Changing Immigration Laws” provides facts and opinions, but neither are too sophisticated in legal analysis. I would have liked to see a more in-depth study of the elements and ingredients of the legal framework itself, but maybe it is just me. As an Assistant Chief Counsel of the U.S. Immigration and Custom Enforcement agency told me in a conference for a bond redetermination hearing in immigration proceedings with the immigration court told me after hearing my “wishes” in the particular case: and I wish I had another house and could retire. All in due course, I replied.

Hat tip: jjr, again.

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New Law for Refugees in Mexico

27 01 2011

New Refugees and Supplementary Protection Law

President Felipe Calderon signed into law Mexico’s Ley Sobre Refugiados y Protección Complementaria (Refugees and Supplementary Protection Law). The new law was published today on the Diario Oficial de la Federación and enters into force tomorrow.

Relevant features of new law include:

  • Refugee status in accordance to international treaties for those who claim being persecuted for his race, religion, nationality, membership in a particular social group or political opinions.
  • Supplementary protection for foreigners that do not qualify as refugees but risk torture or cruel or inhumane treatment if returned to their country of origin.
  • No administrative sanction or consequence for irregular entry for refugees and foreigners with supplementary protection.
  • Immigration proceedings will be continued if there is a claim of refugee or supplementary protection status.
  • Both refugees and foreigners with supplementary protection acquire permanent residency to Mexico upon recognition of status.

Mexico has a long standing tradition as a destination for refugees. Two historical examples are Civil War Refugees from Spain in the 1930s and 40s, Chileans after the 1973′s coup d’état and Guatemalans refugees from their own Civil War in the 1980s. This law continues it.