The hypocritical History of Mexican immigration Law

Contrary to the beliefs of those on the left, actual facts prove that Mexico’s immigration laws only up until recently, have been historically harsher than that of the United States. And while Mexico’s new immigration laws are quite liberal when compared to their laws of the past, Mexico, ironically, is still deporting mass amounts of illegal Aliens from their soil.

Illegal immigration in Mexico

Illegal immigration has always been a problem in Mexico, especially since the 1970s. Although the number of deportations is declining due to tighter border security, with 61,034 registered cases in 2011, and even less now that President Trump has taken Office. The Mexican government documented over 200,000 illegal border crossings in 2004 and 2005. The largest source of illegal Aliens in Mexico is the Central American countries of Guatemala, Honduras and El Salvador bordering Mexico to the southeast. In 2014 The Mexican Government said that it would increase enforcement at its southern border where they carried out about 150,000 deportations of unauthorized immigrants from El Salvador, Guatemala and Honduras, a 44% jump over the previous year. These three Central American countries alone accounted for nearly all (97%) of Mexico’s deportations in 2015.

Migration Law of 2011

Prior to May 2011, Mexico’s immigration policy was regulated by the highly strict General Law of Population of 1970, which had been portrayed in hypocritical light when compared to the immigration policies of The United States.

However, on May 24, 2011, President Felipe Calderon signed the new and much more liberal Migration Law. Some of the most significant principles in this new law included new “rights for migrants”. The new law guarantees that foreigners and Mexican nationals will receive equal treatment under Mexican law and decriminalizes undocumented immigration, reducing it to an administrative infraction, punishable with a fine of up to 100 days’ worth of minimum wage. Under this equality principle all immigrants, regardless of status, nationality, or ethnicity, are granted the right to education and healthcare and are entitled to due process.

Although this holds true, we still do not recommend burning a Mexican Flag or beating your chest in protest, screaming and stating in front of the Mexican Capital that you are in fact an illegal like they do here in America. You may come back missing some limbs…

Elements aimed at promoting family unity were also added. Moreover, before the government takes action (deportation) with respect to migrant children and other vulnerable individuals (women, seniors, the handicapped and victims of crime), their specific needs must be prioritized and adequate services must be provided. Illegal Aliens are also granted judicial rights that they were previously denied, such as the right to due process. In addition, the law also calls for establishing a Center for Trust Evaluation and Control which will be charged with the task of training and certifying immigration personnel in hopes of curtailing corrupt practices. All Institute of Migration officials are to meet the same standards as the rest of the country’s security agencies. Government officials found to be violating the law are now subject to penalties, including fines and imprisonment.

General Law of Population

With the Mexican government’s intent to control migration flows and attract foreigners who can contribute to economic development, the new migration law simplifies foreigners’ entrance and residence requirements. First, it replaces the two large immigration categories (immigrant and non-immigrant) with the categories of “visitor” and “temporary resident”. The status of “permanent resident” is maintained. In the General Law of Population the two categories incorporate over 30 different types of foreigners—i.e. distinguished visitor, religious minister, etc.—each with its own stipulations and requirements to qualify for entry and stay. Under the new law the requirements are simplified, basically differentiating those foreigners who are allowed to work and those who are not. The law also expedites the permanent resident application process for retirees and other foreigners. For granting permanent residency, the law proposes using a point system based on factors such as level of education, employment experience, and scientific and technological knowledge. The specifics for the points system were established in the Law’s regulations—Articles 124 to 127 of the Regulations—published on September 28, 2012.

These laws are strikingly similar and are not unlike President Trumps proposed Merit based point system and RAISE Act in the United States that is harshly apposed by the Democrats in DC.

According to Article 81 of the Law and Article 70 of the regulations to the law, immigration officials are the only ones that can conduct immigration procedures although the Federal Police may assist but only under the request and guidance of the Institute of Migration. Verification procedures cannot be conducted in migrant shelters run by civil society organizations or by individuals that engage in providing humanitarian assistance to immigrants.

Texas and Mexico

In the 1820s, some people from the Northern and Eastern United States entered Mexico illegally. Mexico did have legal immigration through empresario contacts. The reason for this was to create a buffer between Mexico and the growing United States. At first they tried to convince Mexicans to move into Texas. However, Texas was dominated by the warlike Comanche Indians. Mexican families did not want to move to Texas and risk their families lives.

Mexico then offered cheap land to Anglos from the United States. These legal immigrants had to agree to live under the Mexican Constitution of 1824. Mexican Texas was bordered by the U.S. frontier areas of Louisiana and Arkansas, had the most settlement by American illegal immigrants.

When Mexico realized that illegal immigration was out of control they attempted to shut it down. Mexican Texas had a population of 3,000 illegal immigrants by 1823; most of those immigrants were from the Southern United States or Appalachia.

By 1825, Mexico and the Coahuila and Texas territory legalized immigration under the condition that settlers convert to Roman Catholicism and not own slaves. However, as the settler population expanded to 7,000 and did not assimilate with Mexican culture, Mexico banned American immigration again in 1830. However, by 1835, American immigration increased to 1,000 per month. Santa Anna did away with the Mexican Constitution of 1824. Many violations under his dictatorship led to tensions and eventually the outbreak of a revolution. Texas became independent from Mexico in 1836.

Foreign relations

In October 2004, the Hechos newscast of TV Azteca reported that the National Institute of Migration (INM) in Mexico raided strip clubs and deport foreigners who worked in such clubs without the proper documentations. In 2004, the INM deported 188,000 people at a cost of US$10 million.


Illegal immigration of Cubans through Cancun tripled from 2004 to 2006.

United States

The Mexican government has been accused of hypocrisy in terms of illegal immigration, criticizing the United States government for its treatment of illegal immigrants whilst their laws have been historically harsher by comparison.


In 2006, Joseph Contreras profiled the issue of Guatemalan immigrants illegally entering Mexico for Newsweek magazine and claimed that while Mexican president Vicente Fox urged that the United Stated grant legal residency to millions of undocumented Mexican immigrants, Mexico had only granted legal status to 15,000 undocumented immigrants. Additionally, Contreras found that at coffee farms in the Mexican state Chiapas, “40,000 Guatemalan field hands endure backbreaking jobs and squalid living conditions to earn roughly US $3.50 a day” and that some farmers “even deduct the cost of room and board from that amount.” The Mexican National Institute of Migration estimated that 400,235 people crossed the Guatemala-Mexico border illegally every year and that around 150,000 of them intended to enter the United States. The illegal immigration from Mexico’s southern neighbors is proving to be a headache for both Mexico and the United States, which has seen an increase in illegal immigration from Central America while Mexican migration has fallen significantly. Most Central Americans in Mexico and the United States hail from Honduras, El Salvador and Guatemala, with a small number from Nicaragua.

Amnesty international indicates that 60% of women “migrants” are sexually assaulted while in transit via Mexico into the United States by the same “migrants” that flood our streets illegally.

Perhaps Mexico should pay more attention to their own laws, History and deportations rather than criticizing and dictating those of other Countries.

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