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

Brief outline of Mexico s Immigration laws

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  • 1. THE HIGHLANDS TEA PARTY Sebring, Florida http://thehighlandsteaparty.com/
  • 2. MEXICO IMMIGRATION LAWS
    • 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 toughest on the continent.
    • Mexican law makes it a felony to be an illegal alien in Mexico
  • 3. MEXICANS BY BIRTH ARE :
    • Those that are born in the territory of the Republic, whatever the nationality of their parents.
    • Those born outside Mexican territory of one or both parents that were born in Mexico.
    • Anyone born outside of Mexico of one or both parents that are naturalized Mexicans
    • Those born on board Mexican ships or aricraft.
    • According to their laws, anyone born in the U.S. that has one mexican parent has dual nationality in Mexico.
  • 4. MEXICANS BY BIRTH ARE :
    • This means that anyone born in Mexico has Mexican nationality by the simple act of being born in Mexican territory. Anyone who has one  or both parents born in Mexico is a Mexican national. There is a simple procedure for verifying this nationality. Anyone born in the U.S. that has at least one Mexican parent has dual nationality in Mexico.
  • 5. MEXICAN CITIZENSHIP :
    • According to article 34, a citizen is a man or woman with Mexican nationality, who:
    • Has reached the age of majority, and
    • Lives honestly.
  • 6. MEXICAN CITIZENSHIP:
    • Remember Mexico, like most other Latin countries, and European countries has a legal system based directly on the ancient Roman legal system. This distinction in Mexican law is directly related to the same distinction in Roman law.
  • 7. MEXICAN CITIZENSHIP :
    • The results of not living honestly, (being convicted of a crime, not completing military service, using titles of nobility of foreign governments, for helping a foreign government in an action against Mexico, being a drug addict,)  are grounds for loss of citizenship while the condition remains.
    • Mexican citizenship is more closely synonymous with political rights and political rights are privileges based on compliance.
  • 8. MEXICAN CITIZENSHIP:
    • In order for the foreigner to request naturalization: 
    • He must have resided for five years in national territory and complied with the requirements of the Secretary of Government – (Visa FM2)
    • Two years of residence is required when:
    • He is a direct descendant of a Mexican national by birth,
    • Has children that are Mexican by birth,
    • He is originally from a Latin American country or the Iberian Peninsula,
    • He has contracted marriage with a Mexican national and lived with the spouse for two years before the request,
    • or one year for adopted children. 
  • 9. MEXICAN CONSTITUTION
    • According to article 37 of the constitution, A Mexican cannot lose his nationality. This is part of a reforms of 1998 that permit dual nationality. Anyone that renounced his Mexican nationality to acquire another nationality can recover it, because he no longer can lose it.
  • 10. MEXICAN IMMIGRATION LAW
    • In Mexico, there are 3 distinct immigration statuses. They are :
    • No Inmigrante – Non immigrant – FM3 VISA – some short term visits of a non immigrant nature are not issued an FM3, these conditions are stipulated in the Law of Population.
    • Inm igrante – Immigrant – FM2
    • Inmigrado  - Immigrated person – Permanent resident
  • 11. MEXICAN IMMIGRATION LAW
    • FM3 VISA - A Non immigrant – is person who enters the country temporarily, for several days or several years for various reasons, but without the intention of residing permanently in Mexico.
    • “ INMIGRANTE” – VISA FM2 – IMMIGRANT VISA
    • An immigrant is the foreigner that enters Mexico legally for the purpose of remaining permanently in the country, until he obtains the Immigration status of “Inmigrado” Immigrated person or permanent resident .
  • 12. MEXICAN IMMIGRATION LAW
    • INMIGRADO – IMMIGRATED PERSON
    •  
    • The FM2 Visa is extended (refrendo) every year until completing five years. At the end of five years, the foreigner can apply for another FM2 visa or request a “Declaration as an Immigrated Person” (Declaratoria de Inmigrado) Once the status of ‘INMIGRADO”  is granted, the foreigner can live and be involved in any legal activity in Mexico.
  • 13. MEXICAN IMMIGRATION LAW
    • Only welcomes foreigners deemed useful to Mexican society can apply for citizenship(32)
    • Officials must insure that immigrants have necessary funds for their sustenance and that of their dependents.(34)
    • If Foreigners upset the equilibrium of the national demographics, they are deemed detrimental to “economic or National interests”, were not good citizens in their own country, have broken a Mexican law, or not of good physical or mental health, they are denied citizenship (37)
  • 14. MEXICAN IMMIGRATION LAW
    • those who aid in illegal immigration will be sent to prison.
    • the mexican government will bar foreigners if they upset the equilibrium of the national demographics.
    • if outsiders do not enhance the country's economy, or national interest, or are not found to be physically or mentally healthy, they are not welcome, neither are those who show contempt against national sovereignty or security; they must not be economic burdens to society, and have clean criminal history; those seeking to obtain mexican citizenship or legal status, must show birth certificate, provide a bank statement proving economic independence, pass a medical exam, and prove they can provide their own health care.
  • 15. MEXICAN IMMIGRATION LAW
    • illegal entry into the country is equivalent to a felony punishableby two years in prison, document fraud is subject to a fine and imprisonment, so is alien marriage fraud; evading deportation is a serious crime; illegal re-entry after deportation is punishable by ten years imprisonment; foreigners may, and will be kicked out of the country without due process and the endless bites at any litigation.  
    • law enforcement at all levels, by national mandate, must cooperate to enforce immigration laws, including illegal alien arrests and deportations; the mexican military is also empowered and required to assist in immigration enforcement operations, to act at their discrecion. native-born mexicans are equally empowered to make citizens arrests of illegal aliens, and turn them in to authorities.
    • foreigners must carry the citizens identity card, those who do not possess all the proper documents and identification will be subject to arrest as illegal aliens.  
  • 16. MEXICAN IMMIGRATION LAW
    • illegal entry into the country is equivalent to a felony punishable by two years in prison, document fraud is subject to a fine and imprisonment, so is alien marriage fraud; evading deportation is a serious crime; illegal re-entry after deportation is punishable by ten years imprisonment; foreigners may, and will be kicked out of the country without due process and the endless bites at any litigation.  
    • law enforcement at all levels, by national mandate, must cooperate to enforce immigration laws, including illegal alien arrests and deportations; the mexican military is also empowered and required to assist in immigration enforcement operations, to act at their discrecion. native-born mexicans are equally empowered to make citizens arrests of illegal aliens, and turn them in to authorities.
    • foreigners must carry the citizens identity card, those who do not possess all the proper documents and identification will be subject to arrest as illegal aliens.  
  • 17. TRACKING OF INDIVIDUALS
    • Federal Local and Municipal police must help in the arrest of illegal Immigrants (73)
    • A National Registry tracks every “Individual who comprises the population of the country verifying each individuals identity. (85-86)
    • A National catalogue of Foreigners tracks Tourist and immigrants assigning each a tracking number (87-91)
  • 18. ENTRANCE WITH FAKE PAPERS
    • Foreigners with fake immigration papers may be fined or imprisoned (116)
    • Foreigners who sign governments documents “with signature that is false or different from that which he normally uses” are subject to fine or imprisonment (116)
  • 19. FAILURE TO OBEY RULES
    • Failure to obey rules will result in fines, deportation or imprisonment as felons. (117)
    • Foreigners who fail to obey a deportation order are to be punished. (117)
    • Deported foreigners who try to re-enter Mexico without authorization can be imprisoned for up to 10 years. (118)
    • Violation of terms of visa you may be imprisoned for up to 6 years. (119, 120, 121)
    • Foreigners who misrepresent the terms of their visa (like working without a permit) can also be imprisioned.
  • 20. ILLEGAL IMMIGRATION IS A FELONY
    • Prison term up to 2 years and fine of 300-5,000 peso for entering the country illegally (123)
    • Foreigners with Immigration problems may be deported rather than imprisoned. (125)
    • Foreigners who (make attempts) against National Sovereignty or security will be deported. (126)
    • Mexicans who help illegal aliens are considered criminals.
    • A Mexican who marries a foreigner with the sole objective of helping the foreigner live in the country is subject up to 5 years in prison. (127)
  • 21. COMMENTS
    • All of the preceding runs counter to what Mexican leaders are demanding of the United States. The stark contrast between Mexico’s immigration practices and its American-immigration preachings reveal the Mexican government’s agenda: To have a one-way immigration relationship with the United States .
  • 22. ARTICLES OF INTEREST
    • Foreign born naturalized Mexican citizens may not be federal law makers of cabinet secretaries or supreme court justices (91)
    • The president of Mexico must be a citizen by birth and his parents also must be residents by birth. (82)
    • Mexican constitution forbids immigrants and naturalized citizens to become members of the clergy, (You must be a Mexican citizen by birth) (130)
    • The Mexican constitution provides the right of private individuals to make a citizen's arrest, the may arrest any person and accomplices and turn them over to the local enforcement. (16)