Thread: U.S.-Mexican divide

http://www.dailybulletin.com/news/ci_3767303

U.S.-Mexican divide
Noncitizen protests fine in the U.S., illegal south of the border

By Jason Newell, Staff Writer
Inland Valley Daily Bulletin

As thousands - perhaps millions - of Latinos prepare for the latest grand-scale demonstration aimed at expanding the rights of illegal immigrants in the United States, some of their critics are finding the whole situation a bit ironic.
After all, if a group of illegal immigrants living south of the border took to the streets in a similar protest, they'd be breaking Mexican law. There, the constitution bars noncitizens from participating in any public political demonstration.

In fact, Mexican law contains several provisions that are notably tough on illegal immigration.

The country's constitution and its General Population Act -- its main law addressing immigration -- include some of the very elements that protesters in the United States are fighting to defeat before they become law in this country.

Those include provisions that make it a felony to be an illegal immigrant or allow local police to aid immigration authorities in making arrests.

With Mexico and many of its citizens who live illegally in the United States calling on Congress to provide more humane treatment for undocumented residents, some are irritated by what they see as hypocrisy.

‘‘By making increasing demands that the U.S. not enforce its immigration laws and, indeed, that it liberalize them, Mexico is throwing stones within its own glass house,'' wrote J. Michael Waller, vice president of the Center for Security Policy, in a recent paper on the issue.

The immigration debate, which has become increasingly heated since the House passed a tough reform bill in December, will gain even more momentum on Monday, when the latest of several massive demonstrations takes place.

In what appears to be the most organized effort yet, supporters of illegal immigrants' rights across the nation plan to steer clear of work, school and all consumer activity. Instead, they will spend the day participating in marches and rallies.

But as the debate continues over whether to crack down or ease up on illegal immigrants in the United States, little attention has been paid to the treatment immigrants receive in Mexico.

Similarities abound between the two countries' policies, given that Mexico built much of its 1917 constitution and other laws on the United States' example. But Mexico has some noteworthy standouts:

• Under Article 123 of the General Population Act, illegal immigration is an offense punishable by up to two years in prison and a fine of up to 5,000 pesos, or about $450. Typically, any crime with a punishment of a year or more is considered a felony.

• Article 118 of the act says foreigners who are deported and then later attempt to re-enter the country without authorization can be punished with up to 10 years in prison.

• Under Article 73, local police must cooperate with federal immigration authorities when asked to help enforce the nation's immigration laws.

• As set forth in several articles of the act, immigrants are admitted into Mexico according to their potential to ‘‘contribute to the national progress'' and must have the income needed to support themselves.

• Article 9 of the constitution says only citizens may assemble to ‘‘take part in the political affairs of the country.'' Under Article 33, noncitizens ‘‘may not in any way participate in the political affairs of the country.''

When looking at Mexico's immigration laws, it helps to understand the context behind them, said Miguel Tinker Salas, a professor of Latin American Studies at Pomona College.

The nation fashioned its constitution at a time when many foreigners were coming into the country for the sole purpose of buying up huge tracts of land. Mexico created ‘‘some of the most difficult immigration laws around'' as a means of stopping that practice and preserving the country's stability, he said.

Of course, as the United States well knows, just because an immigration law is on the books doesn't mean it's enforced.

The same holds true for Mexico, Tinker Salas said, citing the many American retirees living in coastal resort towns as one example. Also, Mexico has been very generous throughout the decades in providing political asylum to people facing persecution, he said.

‘‘There is a disconnect between what the law says and what the practice is,'' he said. ‘‘There is the absence of enforcement on many levels.''

One reason: immigration in Mexico isn't nearly the pressing issue it is in the United States.

Less than 1 percent of Mexico's population is foreign-born; in a country of 106 million people, roughly 500,000 are migrants. By contrast, foreign-born residents account for about 12 percent of the United States' population.

Still, Mexico has witnessed a rapid rise in the number of people entering its borders illegally, primarily from Central America.

Authorities apprehended more than 240,000 illegal immigrants in 2005, a significant jump from the 138,000 detained in 2002. Nearly all were deported -- more than 235,000 in 2005, figures from the government's National Institute of Migration show.

For most of the illegal immigrants who cross the southern border, deportation or other legal penalties are the least of their worries.

Migrants routinely face rape, robbery and beatings. Corrupt police and soldiers are known to abuse them and take their money.

‘‘Mexico has a deplorable record of human rights violations on its southern border,'' Tinker-Salas said. ‘‘That is well documented.''

Mexico's National Human Rights Commission outlined some of the abuses and the poor condition of migrant detainment facilities in a report last December.

In presenting it, commission president Jose Luis Sobernanes Fernandez said the report highlighted Mexico's imbalance of demanding respect for human rights from the United States while treating migrants in its own country harshly.

‘‘There is a tendency to criminalize the undocumented migrants owing to the fact that the General Act of Population considers entering the country without proper authorization to be a crime,'' he said.

‘‘This increases the vulnerability of the migrant person and makes them susceptible to arbitrary treatment or arbitrary responses on behalf of federal, state and municipal public officials, or exposes them to exactions or mistreatment.''

But even as illegal immigrants face harsh treatment in Mexico, the Mexican Constitution helps to explain why the country is pushing for a warmer welcome of illegal immigrants in the United States, said Jorge A. Vargas, a University of San Diego School of Law professor and leading expert on Mexican law.

Article 11 of the Mexican Constitution guarantees a ‘‘freedom of transit'' -- granting citizens the right to move freely throughout Mexico and around the world, said Vargas, author of ‘‘Mexican Law: A Treatise for Legal Practitioners and International Investors.''

Citing that, the government claims it can't impede its citizens from emigrating, even if -- as in the case of the United States -- they're barred from the destination country.

‘‘If Americans are going to travel to Mexico or France or any other country, we have to enter into that country respectfully,'' he said. ‘‘We have to respect the laws of that country.''

That's not the case in Mexico -- to the detriment of its foreign relationships, Vargas said. ‘‘One way of keeping friendly, peaceful and cooperative relations with other countries is to respect the laws of other countries.''

Even so, with no jobs or services available to many Mexicans, the government can't realistically force them all to stay within the country, Vargas said.

While critics charge Mexico with hypocrisy for its treatment of the poor from Central America, Vargas said the United States has its own hypocrisy to confront as well.

By discouraging illegal immigration with one hand but beckoning the cheap labor with the other, the United States' current immigration policy is inhumane, he said.

‘‘We take advantage of the Mexicans coming into this country and turn them into slaves,'' he said. ‘‘Where is (the) compassion, that we exploit these people in the same way that we exploited the blacks?''


Online Extra:

www.ilstu.edu/class/hist263/docs/1917const.html (Mexico's Constitution, translated to English.)

www.cddhcu.gob.mx/leyinfo/pdf/140.pdf (That's Mexico's General Population Act, only available in Spanish.)

Jason Newell can be reached by e-mail at jason.newell@dailybulletin.com or by phone at (909) 483-9338.

I'm about to plan a little trip with my family and extended family, and
I would like to ask you to assist me. I'm going to walk across the
border from the U.S. into Mexico, and I need to make a few arrangements.
I know you can help with this.

I plan to skip all the legal stuff like visas, passports, immigration
quotas and laws. I'm sure they handle those things the same way you do
here.

So, would you mind telling your buddy, President Vicente Fox, that I'm
on my way over? Please let him know that I will be expecting the
following:

1. Free medical care for my entire family.
2. English-speaking government bureaucrats for all services I might
need, whether I use them or not.
3. All government forms need to be printed in English.
4. I want my kids to be taught by English-speaking teachers.
5. Schools need to include classes on American culture and history.
6. I want my kids to see the American flag flying on the top of the flag
pole at their school with the Mexican flag flying lower down.
7. Please plan to feed my kids at school for both breakfast and lunch.
8. I will need a local Mexican driver's license so I can get easy access
to government services.
9. I do not plan to have any car insurance, and I won't make any effort
to learn local traffic laws.
10. In case one of the Mexican police officers does not get the memo
from Pres. Fox to leave me alone, please be sure that all police
officers speak English.
11. I plan to fly the U.S. flag from my house top, put flag decals on my
car, and have a gigantic celebration on July 4th. I do not want any
complaints or negative comments from the locals.
12. I would also like to have a nice job without paying any taxes, and
don't enforce any labor laws or tax laws.
13. Please tell all the people in the country to be extremely nice and
never say a critical word about me, or about the strain I might place on
the economy.

<mailto:newsforyou-list-subscribe@newswithviews.com>
<mailto:newsforyou-list-subscribe@newswithviews.com>

I know this is an easy request because you already do all these things
for all the people who come to the U.S. from Mexico. I am sure that
Pres.
Fox
won't mind returning the favor if you ask him nicely