Breaking Into Mexico: Understanding Legal Consequences

If you are considering breaking into Mexico, it is important to understand the potential legal consequences of your actions. Mexican law enforcement authorities arrest migrants from Central American countries who enter Mexico illegally with the intention of crossing over into the United States. These individuals are often detained indefinitely in migrant shelters under extremely poor conditions. Even US citizens can be arrested and detained by Mexican authorities if they do not have their passports on them when crossing the border.

Under Mexican law, there are both state and federal offences. Federal offences include crimes related to organised crime, drug trafficking, human trafficking, taxes, and customs operations. If you are accused of a federal crime, you will be turned over to the federal police and your trial will take place in a federal court.

It is important to note that Mexican criminal law applies to both citizens of Mexico and foreigners who commit crimes within Mexican territory. If you are arrested, you are entitled to legal defence at any phase of the criminal proceeding, and you have the right to remain silent and not answer incriminating questions.

In addition, it is worth mentioning that drug possession and use, including medical marijuana, are illegal in Mexico and can result in a lengthy jail sentence. Carrying firearms and ammunition is also illegal and can lead to serious legal consequences.

Therefore, if you are considering breaking into Mexico, it is highly advisable to seek legal advice and understand the potential risks and consequences of your actions.

Illegal immigration

In the 1820s, people from the Northern and Eastern United States entered Mexico illegally. Mexico had legal immigration by empresario contacts to create a buffer between itself and the growing United States. Initially, Mexico tried to convince Mexican families to move to Texas, but they refused due to the threat of warlike Comanche Native Americans. Mexico then offered cheap land to Anglos from the United States, who had to agree to live under the Mexican Constitution of 1824. However, these immigrants broke their promises, and their population expanded to 7,000 without assimilating into Mexican culture.

To address this, Mexico passed the Law of April 6, 1830, banning immigration from the United States under the First Mexican Republic. This was 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, illegal immigration from the US continued to increase, reaching 1,000 per month by 1835. This led to tensions and eventually the outbreak of the Texas Revolution, with the Republic of Texas declaring its independence from Mexico in 1836.

In more recent times, Mexico's immigration policy was regulated by the highly strict General Law of Population of 1970, which was criticized as hypocritical when compared to the immigration policies of US states such as Arizona and Alabama. However, on May 24, 2011, Mexican President Felipe Calderón signed a new, more liberal Migration Law. This law grants equal treatment under Mexican law to foreigners and Mexican nationals, and decriminalizes undocumented immigration, reducing it to an administrative infraction punishable by a fine.

The new law also guarantees the right to education and healthcare for all immigrants, regardless of status, nationality, or ethnicity. It prioritizes the needs of migrant children and other vulnerable individuals, such as women, seniors, the disabled, and victims of crime, and grants them judicial rights, including the right to due process.

While the new Migration Law simplifies entrance and residence requirements for foreigners, it maintains the status of "permanent resident" and introduces two new categories: "visitor" and "temporary resident." These categories are based on whether foreigners are allowed to work in Mexico or not. The law also proposes using a point system for granting permanent residency, taking into account factors such as level of education, employment experience, and scientific and technological knowledge.

Under Mexican law, foreign nationals who commit illegal acts are subject to full prosecution under the Mexican judicial system. This means that violating the terms of your stay in Mexico can result in steep fines and detention. Additionally, drug possession and use, including medical marijuana, are illegal in Mexico and may result in lengthy jail sentences. Driving under the influence of alcohol is also a criminal offense, with DUI checkpoints set up to enforce the law.

It is important to note that Mexican criminal law applies to both citizens and foreigners who commit crimes within the country's territory. The legal system includes state and federal offenses, with offenses related to organized crime, drug trafficking, human trafficking, taxes, and customs operations typically falling under federal jurisdiction. If accused of a federal crime, individuals will be turned over to the federal police and their trial will take place in a federal court.

Mexico has a comprehensive reform of its judicial system, adopting the adversarial system, which includes the presumption of innocence, due process, and new trial procedures. Trials are now held publicly and are based on equality between the victim and the defendant, with both parties presenting evidence directly to the judge. It is important to note that all criminal proceedings in Mexico are conducted in Spanish, and individuals are entitled to a translator or interpreter if needed.

In conclusion, illegal immigration into Mexico has a long history, with various factors and policies shaping the immigration landscape over time. The country has taken steps towards a more liberal and humane approach to immigration, but it is important for foreigners to understand and abide by Mexican laws to avoid prosecution and ensure a positive experience in the country.

Drug possession

If you need to take prescription drugs while in Mexico, ensure you have the necessary paperwork (a doctor’s letter or prescription). Note that some drugs that are legal in your home country may be illegal in Mexico, and you may be subject to arrest for arriving in the country with a controlled substance. Over-the-counter medicines that contain stimulants, such as codeine and pseudoephedrine, are prohibited.

Firearms and ammunition

Mexico has strict laws regarding gun possession, and openly carrying a firearm or carrying a concealed weapon in public is forbidden for private citizens unless explicitly authorised by the Secretariat of National Defense (SEDENA).

The right to keep and bear arms is a constitutional right in Mexico, but there are many limitations. The right to keep arms is restricted to the home only, and only Mexican citizens and foreign legal residents may purchase and keep firearms in their place of residence.

The right to bear arms is reserved for those explicitly authorised by law, such as police, military, and armed security officers. Civilians can be granted a license to carry a firearm outside the home if they qualify, for example, if they are employed in private security firms, live in rural areas, or are likely targets of crime.

The type of firearms permitted is also restricted. Civilians are generally restricted to semi-automatic handguns or revolvers of a calibre no greater than .380, rifles no greater than .22, and shotguns no greater than 12 gauge. Anything bigger is considered for the exclusive use of the military and is forbidden for civilians.

The process to legally purchase a firearm in Mexico is lengthy and requires a significant amount of paperwork. An application must be submitted to the General Directorate of the Federal Firearms Registry and Explosives Control (DGRFAFyCE) in the SEDENA, and various documents must be provided, including proof of income, a criminal background check, and proof of address.

It is important to note that the laws regarding firearms and ammunition in Mexico are strictly enforced, and violating these laws can result in severe penalties, including prison time. Even accidentally bringing a single round of ammunition into Mexico can lead to arrest and punishment. Therefore, it is crucial for travellers to thoroughly research the local laws and regulations before attempting to bring any firearms or ammunition into the country.

Drunk and disorderly behaviour

The legal blood alcohol concentration (BAC) limit for driving in Mexico is 0.8% (0.08%). This limit is enforced rigorously by Mexican authorities, and driving over the limit can result in severe penalties, including fines, vehicle impoundment, and even arrest. Random sobriety checkpoints are common, particularly in areas with heavy traffic or during special events. There is zero tolerance for drunk driving in Mexico, and even a BAC slightly above the limit can lead to significant legal consequences.

If caught driving under the influence, you could face hefty fines, legal fees, and possible jail time. In cases of accidents, the penalties can be more severe. It is crucial to avoid driving after consuming alcohol and to use alternative transportation options if you plan to drink.

Violating terms of stay

Foreign nationals who commit illegal acts under Mexican law are subject to full prosecution under the Mexican judicial system. The Mexican criminal law system is significantly different from the Canadian system. For example, there is no jury system in Mexico. If you break the law in Mexico, you will be subject to the judicial system of Mexico, and being a foreigner or not knowing the local laws is not an excuse.

If you violate the terms of your stay in Mexico, you may face steep fines and detention. It is important to be aware of the laws and regulations regarding your specific type of visa or entry permit. For example, if you are seeking asylum in the US, you may be required to remain in Mexico until your US immigration court date.

• The legal drinking age in Mexico is 18, and it is illegal to drink in the street. Visitors can be fined or jailed for public inebriation.
• Driving while drunk is a criminal offense and Mexican authorities employ DUI checkpoints to enforce the law.
• Drug possession and use, including medical marijuana, are illegal and may result in a lengthy jail sentence.
• All guns and even small amounts of ammunition are illegal, and firearms violations may result in lengthy jail time.
• Drunk and disorderly behavior, public urination, and open alcohol containers in vehicles are also illegal.

Frequently asked questions