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M E X I C O\'S I M M I G R A T I O N L A W S

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Brief outline of Mexico s Immigration laws

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Page 1: M E X I C O\'S  I M M I G R A T I O N  L A W S

THE HIGHLANDS TEA PARTY THE HIGHLANDS TEA PARTY Sebring, FloridaSebring, Florida

http://thehighlandsteaparty.com/http://thehighlandsteaparty.com/

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MEXICO IMMIGRATION LAWSMEXICO IMMIGRATION LAWS

• Mexican constitution strictly defines the Mexican constitution strictly defines the rights of citizens, and the denial of many rights of citizens, and the denial of many rights to non-citizens. The General Law on rights to non-citizens. The General Law on Population, spelling out the country’s Population, spelling out the country’s immigration policy, should cause Americans immigration policy, should cause Americans to ask: Why is our southern neighbor to ask: Why is our southern neighbor pushing us to water down our immigration pushing us to water down our immigration laws and policies when its own immigration laws and policies when its own immigration restrictions are toughest on the continent.restrictions are toughest on the continent.

• Mexican law makes it a felony to be an Mexican law makes it a felony to be an illegal alien in Mexicoillegal alien in Mexico

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MEXICANS BY BIRTH MEXICANS BY BIRTH AREARE::

• Those that are born in the territory of the Those that are born in the territory of the Republic, whatever the nationality of their Republic, whatever the nationality of their parents.parents.

• Those born outside Mexican territory of one Those born outside Mexican territory of one or both parents that were or both parents that were bornborn in Mexico. in Mexico.

• Anyone born outside of Mexico of one or Anyone born outside of Mexico of one or both parents that are naturalized Mexicansboth parents that are naturalized Mexicans

• Those born on board Mexican ships or Those born on board Mexican ships or aricraft.aricraft.

• According to their laws, anyone born in the According to their laws, anyone born in the U.S. that has one mexican parent has dual U.S. that has one mexican parent has dual nationality in Mexico.nationality in Mexico.

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MEXICANS BY BIRTH MEXICANS BY BIRTH AREARE::• This means that anyone born in Mexico This means that anyone born in Mexico

has Mexican nationality by the simple has Mexican nationality by the simple act of being born in Mexican territory. act of being born in Mexican territory. Anyone who has one  or both parents Anyone who has one  or both parents born in Mexico is a Mexican national. born in Mexico is a Mexican national. There is a simple procedure for There is a simple procedure for verifying this nationality. Anyone born verifying this nationality. Anyone born in the U.S. that has at least one in the U.S. that has at least one Mexican parent has dual nationality in Mexican parent has dual nationality in Mexico.Mexico.

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MEXICANMEXICAN CITIZENSHIPCITIZENSHIP::

• According to article 34, a According to article 34, a citizen is a man or woman with citizen is a man or woman with Mexican nationality, who:Mexican nationality, who:

1.1. Has reached the age of Has reached the age of majority, andmajority, and

2.2. Lives honestly.Lives honestly.

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MEXICAN CITIZENSHIP:MEXICAN CITIZENSHIP:

• Remember Mexico, like most other Latin Remember Mexico, like most other Latin countries, and European countries has a countries, and European countries has a legal system based directly on the legal system based directly on the ancient Roman legal system. This ancient Roman legal system. This distinction in Mexican law is directly distinction in Mexican law is directly related to the same distinction in Roman related to the same distinction in Roman law. law.

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MEXICANMEXICAN CITIZENSHIPCITIZENSHIP::

• The results of not living honestly, (being The results of not living honestly, (being convicted of a crime, not completing military convicted of a crime, not completing military service, using titles of nobility of foreign service, using titles of nobility of foreign governments, for helping a foreign government governments, for helping a foreign government in an action against Mexico, being a drug in an action against Mexico, being a drug addict,)  are grounds for loss of citizenship addict,)  are grounds for loss of citizenship while the condition remains. while the condition remains.

• Mexican citizenship is more closely synonymous Mexican citizenship is more closely synonymous with political rights and political rights are with political rights and political rights are privileges based on compliance.privileges based on compliance.

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MEXICAN CITIZENSHIP:MEXICAN CITIZENSHIP:

• In order for the foreigner to request naturalization: In order for the foreigner to request naturalization:  1.1. He must have resided forHe must have resided for five five years in national years in national

territory and complied with the requirements of the territory and complied with the requirements of the Secretary of Government – (Visa FM2) Secretary of Government – (Visa FM2)

2.2. TwoTwo years of residence is required when: years of residence is required when:3.3. He is a direct descendant of a Mexican national by He is a direct descendant of a Mexican national by

birth, birth, 4.4. Has children that are Mexican by birth, Has children that are Mexican by birth, 5.5. He is originally from a Latin American country or the He is originally from a Latin American country or the

Iberian Peninsula, Iberian Peninsula, 6.6. He has contracted marriage with a Mexican national He has contracted marriage with a Mexican national

and lived with the spouse for two years before the and lived with the spouse for two years before the request, request,

7.7. or one year for adopted children.  or one year for adopted children. 

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MEXICAN CONSTITUTIONMEXICAN CONSTITUTION

• According to article 37 of the According to article 37 of the constitution, A Mexican cannot lose constitution, A Mexican cannot lose his nationality. This is part of a his nationality. This is part of a reforms of 1998 that permit dual reforms of 1998 that permit dual nationality. Anyone that renounced nationality. Anyone that renounced his Mexican nationality to acquire his Mexican nationality to acquire another nationality can recover it, another nationality can recover it, because he no longer can lose it.because he no longer can lose it.

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MEXICAN IMMIGRATION MEXICAN IMMIGRATION LAWLAW

• In Mexico, there are 3 distinct In Mexico, there are 3 distinct immigration statuses. They areimmigration statuses. They are: :

1.1. No Inmigrante No Inmigrante – Non immigrant – FM3 VISA – – Non immigrant – FM3 VISA – some short term visits of a non immigrant some short term visits of a non immigrant nature are not issued an FM3, these conditions nature are not issued an FM3, these conditions are stipulated in the Law of Population. are stipulated in the Law of Population.

2.2. InmInmigrante igrante –– Immigrant – FM2 Immigrant – FM2

3.3. Inmigrado Inmigrado  - Immigrated person – Permanent - Immigrated person – Permanent residentresident

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MEXICAN IMMIGRATION MEXICAN IMMIGRATION LAWLAW

• FM3 VISA - A Non immigrantFM3 VISA - A Non immigrant – is person – is person who enters the country temporarily, for several who enters the country temporarily, for several days or several years for various reasons, but days or several years for various reasons, but without the intention of residing permanently without the intention of residing permanently in Mexico. in Mexico.

• ““INMIGRANTE” – VISA FM2 – IMMIGRANT INMIGRANTE” – VISA FM2 – IMMIGRANT VISA VISA

An immigrant is the foreigner that enters An immigrant is the foreigner that enters Mexico legally for the purpose of remaining Mexico legally for the purpose of remaining permanently in the country, until he obtains permanently in the country, until he obtains the Immigration status of “Inmigrado” the Immigration status of “Inmigrado” Immigrated person or permanent residentImmigrated person or permanent resident. .

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MEXICAN IMMIGRATION MEXICAN IMMIGRATION LAWLAW

INMIGRADO – IMMIGRATED PERSON INMIGRADO – IMMIGRATED PERSON   • The FM2 Visa is extended (refrendo) every The FM2 Visa is extended (refrendo) every

year until completing five years. At the end year until completing five years. At the end of five years, the foreigner can apply for of five years, the foreigner can apply for another FM2 visa or request a “Declaration another FM2 visa or request a “Declaration as an Immigrated Person” (Declaratoria de as an Immigrated Person” (Declaratoria de Inmigrado) Once the status of ‘INMIGRADO”  Inmigrado) Once the status of ‘INMIGRADO”  is granted, the foreigner can live and be is granted, the foreigner can live and be involved in any legal activity in Mexico. involved in any legal activity in Mexico.

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MEXICAN IMMIGRATION LAWMEXICAN IMMIGRATION LAW

• Only welcomes foreigners deemed useful to Only welcomes foreigners deemed useful to Mexican society can apply for citizenship(32)Mexican society can apply for citizenship(32)

• Officials must insure that immigrants have Officials must insure that immigrants have necessary funds for their sustenance and that of necessary funds for their sustenance and that of their dependents.(34)their dependents.(34)

• If Foreigners upset the equilibrium of the If Foreigners upset the equilibrium of the national demographics, they are deemed national demographics, they are deemed detrimental to “economic or National interests”, detrimental to “economic or National interests”, were not good citizens in their own country, have were not good citizens in their own country, have broken a Mexican law, or not of good physical or broken a Mexican law, or not of good physical or mental health, they are denied citizenship (37)mental health, they are denied citizenship (37)

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MEXICAN IMMIGRATION MEXICAN IMMIGRATION LAWLAW

• those who aid in illegal immigration will be sent to prison. those who aid in illegal immigration will be sent to prison.

• the mexican government will bar foreigners if they upset the mexican government will bar foreigners if they upset the equilibrium of the national demographics. the equilibrium of the national demographics.

• if outsiders do not enhance the country's economy, or if outsiders do not enhance the country's economy, or national interest, or are not found to be physically or national interest, or are not found to be physically or mentally healthy, they are not welcome, neither are mentally healthy, they are not welcome, neither are those who show contempt against national sovereignty those who show contempt against national sovereignty or security; they must not be economic burdens to or security; they must not be economic burdens to society, and have clean criminal history; those seeking to society, and have clean criminal history; those seeking to obtain mexican citizenship or legal status, must show obtain mexican citizenship or legal status, must show birth certificate, provide a bank statement proving birth certificate, provide a bank statement proving economic independence, pass a medical exam, and economic independence, pass a medical exam, and prove they can provide their own health care. prove they can provide their own health care.

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MEXICAN IMMIGRATION MEXICAN IMMIGRATION LAWLAW

• illegal entry into the country is equivalent to a felony illegal entry into the country is equivalent to a felony punishableby two years in prison, document fraud is punishableby two years in prison, document fraud is subject to a fine and imprisonment, so is alien marriage subject to a fine and imprisonment, so is alien marriage fraud; evading deportation is a serious crime; illegal re-fraud; evading deportation is a serious crime; illegal re-entry after deportation is punishable by ten years entry after deportation is punishable by ten years imprisonment; foreigners may, and will be kicked out of imprisonment; foreigners may, and will be kicked out of the country without due process and the endless bites at the country without due process and the endless bites at any litigation.   any litigation.  

• law enforcement at all levels, by national mandate, must law enforcement at all levels, by national mandate, must cooperate to enforce immigration laws, including illegal cooperate to enforce immigration laws, including illegal alien arrests and deportations; the mexican military is also alien arrests and deportations; the mexican military is also empowered and required to assist in immigration empowered and required to assist in immigration enforcement operations, to act at their discrecion. native-enforcement operations, to act at their discrecion. native-born mexicans are equally empowered to make citizens born mexicans are equally empowered to make citizens arrests of illegal aliens, and turn them in to authorities. arrests of illegal aliens, and turn them in to authorities.

• foreigners must carry the citizens identity card, those who foreigners must carry the citizens identity card, those who do not possess all the proper documents and do not possess all the proper documents and identification will be subject to arrest as illegal aliens.   identification will be subject to arrest as illegal aliens.  

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MEXICAN IMMIGRATION MEXICAN IMMIGRATION LAWLAW

• illegal entry into the country is equivalent to a felony illegal entry into the country is equivalent to a felony punishable by two years in prison, document fraud is punishable by two years in prison, document fraud is subject to a fine and imprisonment, so is alien marriage subject to a fine and imprisonment, so is alien marriage fraud; evading deportation is a serious crime; illegal re-fraud; evading deportation is a serious crime; illegal re-entry after deportation is punishable by ten years entry after deportation is punishable by ten years imprisonment; foreigners may, and will be kicked out of imprisonment; foreigners may, and will be kicked out of the country without due process and the endless bites at the country without due process and the endless bites at any litigation.   any litigation.  

• law enforcement at all levels, by national mandate, must law enforcement at all levels, by national mandate, must cooperate to enforce immigration laws, including illegal cooperate to enforce immigration laws, including illegal alien arrests and deportations; the mexican military is also alien arrests and deportations; the mexican military is also empowered and required to assist in immigration empowered and required to assist in immigration enforcement operations, to act at their discrecion. native-enforcement operations, to act at their discrecion. native-born mexicans are equally empowered to make citizens born mexicans are equally empowered to make citizens arrests of illegal aliens, and turn them in to authorities. arrests of illegal aliens, and turn them in to authorities.

• foreigners must carry the citizens identity card, those who foreigners must carry the citizens identity card, those who do not possess all the proper documents and do not possess all the proper documents and identification will be subject to arrest as illegal aliens.   identification will be subject to arrest as illegal aliens.  

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TRACKING OF TRACKING OF INDIVIDUALSINDIVIDUALS• Federal Local and Municipal police must Federal Local and Municipal police must

help in the arrest of illegal Immigrants help in the arrest of illegal Immigrants (73)(73)

• A National Registry tracks every A National Registry tracks every “Individual who comprises the “Individual who comprises the population of the country verifying each population of the country verifying each individuals identity. individuals identity. (85-86)(85-86)

• A National catalogue of Foreigners A National catalogue of Foreigners tracks Tourist and immigrants assigning tracks Tourist and immigrants assigning each a tracking number each a tracking number (87-91)(87-91)

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ENTRANCE WITH FAKE ENTRANCE WITH FAKE PAPERSPAPERS

• Foreigners with fake immigration Foreigners with fake immigration papers may be fined or imprisoned papers may be fined or imprisoned (116)(116)

• Foreigners who sign governments Foreigners who sign governments documents “with signature that is documents “with signature that is false or different from that which he false or different from that which he normally uses” are subject to fine or normally uses” are subject to fine or imprisonment imprisonment (116)(116)

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FAILURE TO OBEY RULESFAILURE TO OBEY RULES

• Failure to obey rules will result in fines, Failure to obey rules will result in fines, deportation or imprisonment as felons. (117)deportation or imprisonment as felons. (117)

• Foreigners who fail to obey a deportation order Foreigners who fail to obey a deportation order are to be punished. (117)are to be punished. (117)

• Deported foreigners who try to re-enter Mexico Deported foreigners who try to re-enter Mexico without authorization can be imprisoned for up to without authorization can be imprisoned for up to 10 years. (118)10 years. (118)

• Violation of terms of visa you may be imprisoned Violation of terms of visa you may be imprisoned for up to 6 years. (119, 120, 121)for up to 6 years. (119, 120, 121)

• Foreigners who misrepresent the terms of their Foreigners who misrepresent the terms of their visa (like working without a permit) can also be visa (like working without a permit) can also be imprisioned.imprisioned.

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ILLEGAL IMMIGRATION IS A ILLEGAL IMMIGRATION IS A FELONYFELONY

• Prison term up to 2 years and fine of 300-5,000 Prison term up to 2 years and fine of 300-5,000 peso for entering the country illegally (123)peso for entering the country illegally (123)

• Foreigners with Immigration problems may be Foreigners with Immigration problems may be deported rather than imprisoned. (125)deported rather than imprisoned. (125)

• Foreigners who (make attempts) against National Foreigners who (make attempts) against National Sovereignty or security will be deported. (126)Sovereignty or security will be deported. (126)

• Mexicans who help illegal aliens are considered Mexicans who help illegal aliens are considered criminals.criminals.

• A Mexican who marries a foreigner with the sole A Mexican who marries a foreigner with the sole objective of helping the foreigner live in the objective of helping the foreigner live in the country is subject up to 5 years in prison. (127) country is subject up to 5 years in prison. (127)

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COMMENTSCOMMENTS

• All of the preceding runs counter to All of the preceding runs counter to what Mexican leaders are demanding what Mexican leaders are demanding of the United States. The stark contrast of the United States. The stark contrast between Mexico’s immigration between Mexico’s immigration practices and its American-immigration practices and its American-immigration preachings reveal the Mexican preachings reveal the Mexican government’s agenda: To have a one-government’s agenda: To have a one-way immigration relationship with the way immigration relationship with the United StatesUnited States..

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ARTICLES OF INTERESTARTICLES OF INTEREST• Foreign born naturalized Mexican citizens Foreign born naturalized Mexican citizens

may not be federal law makers of cabinet may not be federal law makers of cabinet secretaries or supreme court justices (91)secretaries or supreme court justices (91)

• The president of Mexico must be a citizen The president of Mexico must be a citizen by birth and his parents also must be by birth and his parents also must be residents by birth. (82)residents by birth. (82)

• Mexican constitution forbids immigrants Mexican constitution forbids immigrants and naturalized citizens to become and naturalized citizens to become members of the clergy, (You must be a members of the clergy, (You must be a Mexican citizen by birth) (130)Mexican citizen by birth) (130)

• The Mexican constitution provides the right The Mexican constitution provides the right of private individuals to make a citizen's of private individuals to make a citizen's arrest, the may arrest any person and arrest, the may arrest any person and accomplices and turn them over to the local accomplices and turn them over to the local enforcement. (16)enforcement. (16)