Cecily Zamora
Immigration laws in Mexico have evolved over time, with the country's immigration policies playing a significant role in shaping its demographics. Since the early 16th century, Mexico has welcomed immigrants from various parts of the world, including Europe, Africa, the Americas, and Asia. While Mexico has historically excluded non-Catholics from immigrating, it has also served as a refuge for those fleeing conflicts such as World War II and various civil wars. In recent years, Mexico's immigration laws have undergone significant changes, shifting from the strict General Law of Population of 1970 to the more liberal Migration Law enacted in 2011. This new law guarantees equal treatment for foreigners and Mexican nationals, decriminalizes undocumented immigration, and grants immigrants access to education and healthcare. However, Mexico has faced accusations of hypocrisy in its immigration policies, particularly in comparison to its criticism of US immigration policies, as it grapples with its own challenges of undocumented immigration and the complex dynamics of migration in North America.
| Characteristics | Values |
|---|---|
| Immigration laws | Stem from the Mexican Constitution and form a legal framework that allows foreigners to migrate to Mexico |
| Immigration procedures | Can only be conducted by immigration officials, although the Federal Police may assist under the request and guidance of the Institute of Migration |
| Equality principle | All immigrants, regardless of status, nationality, or ethnicity, are granted the right to education and healthcare and are entitled to due process |
| Immigration categories | "Visitor", "Temporary Resident", and "Permanent Resident" |
| Temporary Protected Status (TPS) | Allows immigrants from dangerous home countries to live and work in the US temporarily |
| Deferred Action for Childhood Arrivals (DACA) | Offers protection from deportation and a work permit to undocumented immigrants |
| Asylum seekers | Under the Trump-era "Remain in Mexico" program, asylum seekers were required to remain in Mexico until their US immigration court date; this policy was ended under the Biden administration but was later restored by the Supreme Court |
| Illegal immigration | Considered a civil offense in the US, punishable by fines, deportation, or bans on re-entry; in Mexico, it was previously treated as a criminal offense but was reformed in 2008 to be a minor offense punishable by a fine |
| Migration Law | Signed in 2011 by Mexican President Felipe Calderón, replacing the more strict General Law of Population of 1970 |
| Migration procedures | Governed by the rights and principles established in the Constitution, international treaties, and other applicable regulatory provisions |
| Migrant children and adolescents | Have the right to liberty and recognition of their legal personality, and their migration procedures are governed by specific regulations |
| Foreigners' rights | Foreigners have all the rights stated in the United Nations Human Rights Act, and migrants are assured they will not be detained or deported when inquiring about their status |
| Foreigners' documentation | Must present a passport or valid travel document, a visa (unless exempt), and proof of residency/entry date; if these documents are not available, legal testimony from Mexicans or resident foreigners may be accepted |
| Foreigners starting a business | May migrate to Mexico and start a business, with specific regulations outlined in the Mexican Constitution and other laws |
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What You'll Learn
The history of Mexican immigration law
Mexico has a long history of immigration, which has been important in shaping the country's demographics. Since the early 16th century, with the arrival of the Spanish, Mexico has received immigrants from Europe, Africa, the Americas, and Asia. The Mexican government has often sought to control migration flows and attract foreigners who can contribute to economic development.
In the early days of Mexican independence from Spain, only Catholics were allowed to settle and naturalize in the country. This changed in 1860 with the establishment of freedom of religion. In 1909, the first comprehensive immigration law was passed, which rejected racial discrimination. However, subsequent governments ignored this law, and in 1917, shorter naturalization times were introduced specifically for Latin Americans.
Confidential circulars in 1921 and 1923 restricted immigration from China and South Asia, respectively. Another confidential circular in 1924 excluded blacks, in practice, it excluded working-class Afro-Latin Americans. In 1924, the Law of April 6 banned immigration from the United States, in an attempt to stop large numbers of white Americans from setting up cotton plantations using slave labor, which had recently been banned in Mexico. However, by 1936, with the annexation of Texas to the United States, there was a substantial number of white American settlers in Mexico.
In the 20th century, Mexico became a country of refuge, accepting individuals fleeing World War II, the Spanish Civil War, the Guatemalan Civil War, and repression in Nicaragua. In 1970, a highly strict General Law of Population was introduced, which was criticized for its hypocrisy in comparison to US immigration policies.
More recently, in 2011, Mexican President Felipe Calderón signed a new, more liberal Migration Law. This law grants equal treatment to foreigners and Mexican nationals under Mexican law and decriminalizes undocumented immigration, reducing it to an administrative infraction. It also grants all immigrants, regardless of status, nationality, or ethnicity, the right to education and healthcare and are entitled to due process.
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Current immigration categories
The current immigration categories for Mexicans entering the US include immigrant and non-immigrant visas. The former is for those who intend to live permanently in the US, while the latter is for those who plan to stay for a limited period. Immigrant visas are usually based on family relationships or employment. Non-immigrant visas are generally for temporary visits, such as for tourism, business, or medical treatment.
Mexicans can apply for immigrant visas under the family-based preference system. This includes categories for immediate relatives of US citizens, such as spouses, children, and parents, who are not subject to numerical limits. Other family members beyond immediate relatives may also be eligible, with priority given to first and second preference categories, including unmarried adult children and spouses and unmarried children of lawful permanent residents.
Employment-based visas are another category for Mexicans seeking immigrant visas. This includes priority workers, such as those with extraordinary abilities in the sciences, arts, education, business, or athletics, as well as multinational executives and managers. Mexicans with advanced degrees or exceptional abilities in the sciences, arts, or business may also qualify for the second preference category. Skilled workers, professionals, and other workers fall under the third preference, while certain special immigrants, such as religious workers or employees of US foreign service posts, are included in the fourth preference.
Non-immigrant visas for Mexicans cover a range of purposes, including tourism, business, medical treatment, and temporary work. There are also exchange visitor visas for those participating in cultural exchange programs, student visas for those enrolled in US educational institutions, and transit visas for passing through the US en route to another country. Additionally, Mexicans may be eligible for special non-immigrant visas, such as those for treaty traders and investors or victims of human trafficking and other serious crimes.
It is important to note that the specific visa categories and requirements may vary, and Mexicans planning to travel to the US should refer to official sources for the most up-to-date and accurate information.
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Immigration procedures
Mexico's immigration laws are derived from the Mexican Constitution, which was written in 1917. The Constitution guarantees that all foreigners, regardless of migration status, have all the rights stated in the United Nations Human Rights Act.
In 2011, Mexican President Felipe Calderón signed a new Migration Law, which replaced the highly strict General Law of Population of 1970. The new law simplifies foreigners' entrance and residence requirements, guaranteeing equal treatment for foreigners and Mexican nationals under Mexican law. It also grants all immigrants, regardless of status, the right to education and healthcare.
According to Article 52 of the Mexican Immigration Law, foreigners can stay in Mexico under three statuses: Visitor, Temporary Resident, and Permanent Resident. A Visitor is anyone who enters the country for less than six months, typically as a tourist. To qualify for this status, one must have enough money to pay for their stay. The Temporary Resident status can be obtained after two years of living in Mexico, or in the case of a conjugal or concubinal relationship with a Mexican citizen or permanent resident.
To enter Mexico, individuals must present the following documents at the immigration review filter: a valid passport or travel document, a valid visa (unless exempt), or a residence card or authorization in the condition of a regional visitor, border worker visitor, or humanitarian visitor. Foreigners must also provide any additional information and personal data requested by the competent authorities.
Mexico has a history of accepting refugees and asylum seekers, including those fleeing World War II, the Spanish Civil War, and the Guatemalan Civil War. The country's immigration laws provide specific protections for migrant children and adolescents, ensuring that they are not deprived of their liberty for migratory reasons.
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Migrant rights
Mexico has been an important destination for immigrants since the early 16th century, with the country's demographics shaped by the arrival of the Spanish, followed by immigrants from Europe, Africa, the Americas, and Asia. In recent years, Mexico has become a country of refuge, accepting asylum seekers from World War II, the Guatemalan Civil War, and the Nicaraguan regime.
Mexico has taken steps to protect the rights of migrants and adopted more liberal migration laws. In 2011, President Felipe Calderón signed a new Migration Law, guaranteeing equal treatment for foreigners and Mexican nationals under Mexican law. This law decriminalized undocumented immigration, reducing it to an administrative infraction punishable by a fine. All immigrants, regardless of status, nationality, or ethnicity, are granted the right to education, healthcare, and due process.
The Mexican government has also adopted the U.N. Global Compact for Migration, aiming for a safe, orderly, and regular flow of migrants. They have stopped deporting Central American migrants and granted legal status to over 13,000 foreign nationals entering through the southern border. Mexico's new migration policy is based on defending migrants' rights and taking a humanitarian approach to economic development.
Migrant Children's Rights
Mexico also has specific provisions for migrant children and adolescents, ensuring their liberty is not deprived for migratory reasons. These procedures are governed by the Constitution, international treaties, and the General Law on the Rights of Children and Adolescents.
Shelters and Refugee Status
Mexico has a network of migrant shelters run by non-profits and faith-based organizations. These shelters provide temporary housing, food, clothing, and internet access. They also serve as housing for those applying for refugee status, with the Mexican Commission for Refugee Assistance (COMAR) processing applications within 45 business days.
Documentation and Visa Requirements
Mexico has simplified entrance and residence requirements for foreigners. Previously, Mexico distinguished between immigrants and non-immigrants, but now uses the categories of "visitor" and "temporary resident," with "permanent resident" still maintained. Foreigners must present valid passports, travel documents, and visas (if required) at the immigration review. However, certain individuals, such as applicants for refugee status or humanitarian cases, may be exempt from visa requirements.
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Immigration from the US
Immigration laws in Mexico have been criticised for their harshness, particularly in comparison to the US. Until 2008, illegal immigration to Mexico was considered a criminal offence, punishable by up to two years in prison. However, in 2008, a reform was passed that reduced this to a minor offence, punishable by a fine of up to $2400. This change was implemented in response to criticism of the US's immigration system by Mexican lawmakers, who acknowledged the hypocrisy of their own immigration laws.
In 2011, Mexican President Felipe Calderón signed a new Migration Law, which replaced the highly strict General Law of Population of 1970. This new law simplified foreigners' entrance and residence requirements, replacing the two large immigration categories (immigrant and non-immigrant) with the categories of "visitor" and "temporary resident", while maintaining the status of "permanent resident". The law also guarantees that foreigners and Mexican nationals will receive equal treatment and grants all immigrants, regardless of status, nationality, or ethnicity, the right to education, healthcare, and due process.
In contrast, illegal immigration to the US is considered a civil offence rather than a criminal offence. While those in the country without legal status can be fined, deported, or banned from re-entry, it is only considered a criminal offence when it involves smuggling or trafficking people for financial gain or other criminal activity unrelated to immigration. Under the Biden administration, the number of immigrants eligible for Temporary Protected Status (TPS) has expanded, allowing more immigrants from dangerous home countries to live and work in the US temporarily. Additionally, the Deferred Action for Childhood Arrivals (DACA) program offers protection from deportation and a work permit to young undocumented immigrants.
Historically, Mexico has received immigrants from various parts of the world, including Europe, Africa, the Americas, and Asia. Mexicans can obtain citizenship by birth or naturalisation, and foreigners wishing to migrate to Mexico must adhere to the country's immigration laws and regulations.
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Frequently asked questions
Illegal immigration to the US is considered a civil offence, whereas Mexican law previously treated illegal immigration with harsher penalties, including up to two years' imprisonment. A reform in 2008 made undocumented immigration a minor offence.
According to Article 52 of the Mexican Immigration Law, foreigners can stay in Mexico under three statuses: Visitor, Temporary Resident, and Permanent Resident.
To become a temporary resident, you must prove that you fall into one of the situations stated by law. For example, you must have been in a conjugal or concubine relationship with a Mexican citizen or permanent resident for at least two years.
Under the equality principle, all immigrants, regardless of status, nationality, or ethnicity, are granted the right to education and healthcare and are entitled to due process. Migrants are also assured that they will not be detained or deported when submitting their application at an INM office.
