The Mexican constitution strictly
defines the rights of citizens, and the denial of
many
rights to non-citizens. The General Law on Population, spelling
out the country’s immigration policy, should cause Americans
to ask: Why is our southern neighbor pushing us to water down
our 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 a year in prison, Mexican law
makes it a felony to be an illegal alien in Mexico. Yet if the
United States adopted such a law, Mexico would no doubt denounce
it as a manifestation of American bigotry.
Mexico’s main immigration law welcomes only
foreigners deemed useful to Mexican society:
Their immigration laws are tougher than ours
and they say we are racists and bigots????? Double Standard
Alert!!!
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:
• in the country legally;
• 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 3)
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 11)
• 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.