US Immigration Policy Changes Could Pull The Welcome Mat for Mexican Migrants


February 28, 2017 Facebook Twitter LinkedIn Google+ News



Mexico’s Foreign Minister, Luis Videgaray Caso, said that Mexico will have nothing to do with the recent policy memorandum issued by Department of Homeland Security (DHS). The memorandum

One question was of particular interest: “What will Mexico do specifically, in addition to appealing to international organizations, to prevent the United States from deporting non-Mexican citizens to Mexico? What will [the government] do to keep Central Americans from coming on deportation planes, for example?”

Minister Videgaray responded:

Mexico will not accept, and I said it this morning, Mexico will not accept unilateral measures from the United States or any other country. We have no obligation to accede to this type of measures and this will be one of the important topics of conversation, priority in the dialogue that we will have with the United States Secretary of Homeland Security that visits us in Mexico.

He was then asked, “But how? In what manner?”

The Mexican official answered, “If the United States government insists that it wants to deport to Mexico or that it wants to send people who are not of Mexican nationality to Mexico, Mexico does not have to receive them. At that moment we would begin a process of demanding that the United States, in each case, prove the nationality of the person that they are sending to Mexico.

It would frankly by a unilateral action, without precedent, unacceptable, that the United States itself would not accept. We do not have to accept it. We also have control of our borders and (inaudible) plentitude; it is a sovereign right of Mexico.

The action in question concerns the implementation of provisions of Section 235(b)(2)(C) of the INA to return aliens to contiguous countries. As the DHS memo outlines,

Section 235(b)(2)(C) of the INA authorizes the Department to return aliens arriving on land from a foreign territory contiguous to the United States, to the territory from which they arrived, pending the formal removal proceeding under section 240 of the INA.

Basically, United States wants Mexico to house immigrants who are undergoing immigration removal proceedings in US. If not, they would discontinue sending Mexico billions of dollars a year in revenue. Whether or not they would require Mexico to accept the criminal alien after the deportation proceedings is another issue altogether. Since most criminal aliens do not possess basic documents (ie passport), their country of origin may really be unknown and Mexico will have to assume United States did it part to find out the criminal alien home country. Also, Mexico would have to overlook its own visa and document requirements in order to comply with United States proposal.

 

After an order for removal has been signed by an immigration judge, constitutional law requires that INS prove that they will be able to remove the alien in the foreseeable future. If not, they can house the alien for up to 6 months. After 6 months, ICE is required to provide new evidence to justify holding the alien in confinement. If not, it is a matter of law that the alien be released from detention and placed on a program very similar to probation or parole.

 

One of the problems US has, especially with Brazilian nationals, are that the home country will not give the required documents necessary for US to legally send the nationals back to their “home country”. Countries withhold travel documents for several reasons. One of the main reasons is that the national hasn’t been in his home country for years (sometimes decades), has no contact or family in that country, and, other than birth, has no ties to that country. In most cases, the nationals “home country” will make the determination if the deportee will receive the travel documents necessary.


ABOUT THE AUTHOR

Order removed from USA, but US could not remove because Brazil refused to release the travel documents. Also, while in detention, I worked in the law library helping inmates with filings and writing in general. After I was successful getting myself released from custody, I lived like a ghost in USA for about 5 years before I decided to live as an expat in Mexico.