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Mexico's Immigration Law: Let's Try It
Here at Home
by J. Michael Waller
05/08/2006
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 U.S. 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:
- 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 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,
illegal 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.
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 country without
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.
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