Mexico’s Public
Policies to Foster
Circular Migration
1
Mexico’s Public
Policies to Foster Circular
Migration
March 2nd, 2006
INTRODUCTION 2
CIRCULARITY 4
INCENTIVES 5
• SAVING ACCOUNTS 5
• TRANSNATIONAL MORTGAGES 5
• TOTALIZATION OF PENSION BENEFITS 6
ECONOMIC CONDITIONS 7
• THE U.S.- MEXICO PARTNERSHIP FOR PROSPERITY 7
• 3X1 PROGRAM 7
LABOR EFFICIENCY 9
LABOR CERTIFICATION 9
WORKER SAFETY 10
OBSERVATORY 11
A SECTOR-SPECIFIC EFFORT 12
TWP COST 13
MEXICO’S “SEGURO POPULAR” 13
BINATIONAL HEALTH INSURANCE 15
EDUCATION 15
THE MEXICO-CANADA EXPERIENCE 17
SECURITY 21
WORK IN PROGRESS 21
• BORDER PARTNERSHIP 21
• SECURITY AND PROSPERITY PARTNERSHIP OF NORTH AMERICA 22
FUTURE WORK 23
Mexico’s Public
Policies to Foster
Circular Migration
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Introduction
In February 2001, the governments of Mexico and the United States
agreed to work together, guided by a principle of shared
responsibility, in establishing new mechanisms to allow for a legal,
orderly, safe and humane migration between both countries.
The working agenda set at that time included five basic components:
improving border security and safety, fighting the root causes of
emigration from Mexico through economic development initiatives,
modernizing the existing temporary worker mechanisms, addressing
the status of undocumented Mexican nationals currently residing in
the United States and reviewing the backlogs of immigration visas.
Over the past four years:
• Terrorist attacks on the United States (9/11) have underscored
the importance of security for the United States. This has had
immediate consequences on the migration agenda;
• Since 2002, comprehensive bilateral security cooperation has
developed through the Smart Border Alliance; and more
recently the Security and Prosperity Partnership of North
America (SPP);
• Mexican government actions as well as bilateral initiatives
through the U.S.-Mexico Partnership for Prosperity have been
put in place in order to improve economic opportunities in
those regions of Mexico which are lagging;
• Immigration reform and bilateral cooperation on the issue has
gained considerable attention in public opinion on both sides
of the border;
• The U.S. administration has expressed its interest in achieving
reform within the framework of the set of principles announced
Mexico’s Public
Policies to Foster
Circular Migration
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in January of 2004 and through a temporary worker program
(TWP);
• several bills on immigration reform — with different scopes —
have been presented and are being discussed in the U.S.
Congress; and
• the Mexican Government has explored and developed a set of
public policy proposals that could help achieve a better
management of the migration phenomenon under a TWP.
Mexican nationals represent the vast majority of undocumented
aliens in the United States —roughly 57%—1 Mexican nationals also
account for a large portion of potential future immigrants given: (i)
geography; (ii) linkages within the Mexican community on both sides
of the border; and (iii) presence of complementary population
dynamics between the two countries, and (iv) the US-Mexico per
capita income differential.
Therefore, if and when an immigration reform in the United States
moves forward, it is important to explore actions that the Mexican
Government can undertake to improve the circularity, efficiency,
security and, thus, political acceptability of a TWP program.
More specifically, a realistic way to achieve the principle of
“matching willing workers with willing employees” would involve
creating legal and administrative mechanisms of management and
collaboration with the source country of the program participants. This
paper discuses policy alternatives that are either already in place, but
can be further developed, or could be implemented.
1. “Estimates of the Size and Characteristics of the Undocumented Population”, Pew Hispanic Center,
3/21/2005.
Mexico’s Public
Policies to Foster
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Circularity
One of the critical aspects of the success of TWP largely depends
on its ability to maintain the circularity of the flow of the temporary
workers. That is, having the workers return to their country of origin
after a pre-determined —if renewable— period of time. This, in turn,
depends mainly on two factors: the existence of proper incentives
and the economic conditions that prevail in the country of origin —
the so called “push factors”.
Until the second half of the eighties the traditional pattern of
migration from Mexico to the United States was circular. This entailed
the fluid crossing of people along the border. Several analysts suggest
that, since Mexican migration is essentially economic in nature,
increased border enforcement, without sufficient legal avenues to
match labor demand and supply, has reduced circularity over the
past years.2
Although this may be a debatable issue, a recent survey conducted
by the Pew Hispanic Center suggests that a considerable majority of
Mexican nationals (up to 71%) would consider entering a temporary
worker program.3
2. The Cato Institute (“Willing Workers: Fixing the Problem of Illegal Mexican Migration to the United States"
October 15, 2002.; p.7.) has estimated that prior to 1986 an undocumented Mexican national remained
on average 2.6 years in the United States, while in 1998 the average stay extended to 6.6 years.
3. The survey explores their willingness to participate in a temporary worker program of the sort proposed
by President Bush as well as a permanent legalization program. The survey also provides detailed
information on demographic characteristics, living arrangements and work experiences. The sample is
comprised of 4,836 Mexican adults interviewed at Mexican consulates in Los Angeles, Chicago, New
York, Dallas, Atlanta, Raleigh and Fresno. Major findings include: when asked how long they expected to
remain in the United States, a majority of respondents picked either "as long as I can" (42%) or "for the rest
of my life" (17%). Meanwhile, 27 percent said they expected to stay for five years or less; by a 4-to-1
margin (71% vs. 18%), survey respondents said they would participate in a program that would allow
them to work in the United States and cross the border legally on the condition that they eventually return
to Mexico; among respondents who said they intended to stay in the United States for "as long as I can"
or for "the rest of my life," a clear majority--68 percent-- said they would participate in a temporary
immigration program that would require them to return to Mexico.
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Policies to Foster
Circular Migration
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Incentives
In January of 2004, when President Bush presented a set of principles
for a new TWP, he noted the importance of establishing financial
incentives for temporary workers to return to their home countries.
Since then, the Government of Mexico has explored ways in which
these incentives might be implemented.
• Saving accounts
Through bilateral cooperation, within the framework of a TWP,
relevant authorities (the U.S. Treasury Department and Mexico’s
counterpart the Secretaría de Hacienda y Crédito Público, SHCP)
could put together a mechanism that makes it attractive for
temporary workers to voluntarily contribute a portion of their earnings
to tax-preferred savings accounts; money they can collect when they
return to their native countries.
In principle, integration between the financial sectors in Mexico and
the United States would make it relatively simple to operate with
private banks — some of them with bi-national operations — and with
public sector supervision.
• Transnational mortgages
Appropriate housing is one of the major elements which determine
the attachment of someone to a particular community or country.
One of the key actions of the Fox administration has been a
comprehensive low-income housing program set to address the
housing deficit that prevails in Mexico.
Recently, CONAFOVI, the government agency responsible for housing
in Mexico, began developing a program for transnational mortgages
and, in fact, three Mexican firms have already established operations
in the United States to tap into this market.4
4. CONAFOVI is an office of the Secretaría de Desarrollo Social (SEDESOL) created in July 26, 2001 by
Presidential decree. Among its responsibilities, the Commission designs, promotes, directs and
coordinates Mexico’s national housing policy in order to guarantee an appropriate house for Mexicans
families. The main objective of the Commission during President Fox’s administration is to join efforts with
several Mexican financial organisms in order to assist 750,000 families every year with housing matters.
Mexico’s Public
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In principle, there are two ways to use this incentive to enhance
circularity. First, to the extent that bilateral cooperation is agreed as
part of a TWP, the Mexican government could explore ways to make
a voluntary, yet specific, program accessible to Mexicans who
participate in the TWP. Second, relevant U.S. and Mexican authorities
could explore ways in which special tax-saving provisions could be
used to promote these types of mortgages.
• Totalization of pension benefits
As part of its presentation of a TWP, the Bush administration signaled its
intent to work with foreign governments on a plan to give temporary
workers credit for the time they have worked in the United States
when they enter their own nation's retirement system.
In June 2004, the Instituto Mexicano del Seguro Social (IMSS) and its
counterpart, the United States Social Security Administration (SSA),
signed a totalization agreement with two main purposes:
First, to eliminate dual Social Security taxation (the situation that
occurs when a worker from one country works in another country and
is required to pay Social Security taxes to both countries on the same
earnings). Second, the agreement would help fill gaps in benefit
protection for workers who have divided their careers between
Mexico and the United States.
The agreement is to be ratified in the Mexican Senate and it has yet
to be presented to the U.S. Congress.5
5. Totalization agreements protect the benefits of workers who pay into the social security systems of two
countries but do not earn sufficient credits to receive full benefits from one or both countries. Workers are
deemed eligible for pro-rated benefits based on the amount of contributions made to the system of
each country. Totalization agreements eliminate dual social security taxation of citizens of one country
who are sent by their employer to temporarily work in another country. In addition to Social Security
taxes, foreign workers can be exempted from Medicare contributions and U.S. workers can also be
exempted from health insurance and other taxes related to employment imposed by a foreign country in
which they temporarily work. Individuals from a foreign country who are hired in the United States or
were sent to the United States for more than a temporary period would continue to pay FICA taxes.
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Circular Migration
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Economic conditions
• The U.S.- Mexico Partnership for Prosperity
The U.S.-Mexico Partnership for Prosperity (P4P) is a joint initiative
launched in September 2001 by Presidents Vicente Fox and George
Bush in close coordination with the private sectors of both countries.
Over the past years, at basically no cost through this private-public
partnership, several projects have been implemented to improve
economic conditions in Mexico. For example, in 2003, both
governments signed an agreement enabling the Overseas Private
Investment Corporation (OPIC) to support investment projects
oriented towards the private sector.6
Earlier this year, OPIC increased its support for U.S. investment in
Mexico more than ten-fold when its board of directors approved $570
million in OPIC financing for four new projects in the country; thus
setting the stage for even greater U.S. investment under the auspices
of the U.S.-Mexico Partnership for Prosperity.
The P4P can serve as a cooperation vehicle for economic
development initiatives that can address root causes of emigration
from Mexico to the United States.
• 3x1 Program
The 3x1 program, headed by the Secretaría de Desarrollo Social, has
the objective of fostering regional development in Mexico by
channeling resources from remittances of Mexican nationals abroad
6. The Overseas Private Investment Corporation (OPIC) was established as a promotional agency of the
U.S. government in 1971. OPIC helps U.S. businesses invest overseas, fosters economic development in
new and emerging markets, complements the private sector in managing the risks associated with
foreign direct investment, and supports U.S. foreign policy. OPIC evaluates all project applications on the
basis of their contribution to economic development to ensure successful implementation of the
organization's core developmental mission, and prioritizes the allocation of scarce resources to projects
on the basis of their developmental benefits. Because OPIC charges market-based fees for its products, it
operates on a self-sustaining basis at no net cost to taxpayers.
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to productive infrastructure projects, such as health institutions, urban
development, education, sport facilities and water infrastructure.
For every peso provided by organized Mexican nationals living
abroad, the federal, state and local levels of government each
contribute another peso, hence the 3 x 1 title. The program aims to
enhance equity between the population who resides abroad, mainly
in the U.S., and the people who live in the villages and towns of
Mexico.
During 2004, the program supported 1,436 projects in 23 states, with
an investment of over 472 million pesos. For fy 2005, the Mexican
Congress authorized 160 million pesos (14.4 million U.S. dollars) of
federal resources to carry out 574 distinct projects.
Each project can receive up to 800,000 pesos (72,000 U.S. dollars)
from the Federal Government. Thus, the maximum a project can
reach is 280,000 U.S. dollars. The public works resulting from the
projects have the additional advantage of creating jobs at the local
level, thus reducing emigration from those areas.
3x1 Program Basic Data
* Millions of pesos.
2002 2003 2004 2005
Participating states 20 18 23 NA
Projects 942 899 1,436 NA
Federal resources assigned* 113.7 97.3 175.9 160
Matching resources* 290.0 289.0 472.2 NA
Participating home-town and migrant
associations
20 200 527 NA
Number of U.S. States involved 8 17 31 NA
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Policies to Foster
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Labor Efficiency
The guiding principle behind a TWP is to match willing employers
with willing employees. Certain actions already initiated as pilot
programs by the Mexican Government —some in coordination with
relevant U.S. authorities— can enhance the efficiency of a TWP.
Labor Certification
In general, the hiring of temporary workers involves a process under
which the employer must demonstrate the unavailability of domestic
labor supply before petitioning to hire a foreign worker through the
Department of Labor. Once that process has been undertaken, it is
important to assure that the prospective foreign employee has
sufficient qualifications to perform the work.
The Mexican Government, through the Institute for Mexicans Abroad
(IME)7, recently started a certification program in coordination with
dairy farmers in the state of Wisconsin and Puentes, a nonprofit
organization.
A first-of-its-kind program, it has allowed for the labor certification of
the qualifications of Mexican workers who are then available for work
in the United States. Through the program, employees underwent
special training which covered milk quality, as well as employee skills
and cultural differences.
Organizers say that such pre-certification makes it easier for workers to
get jobs in both the United States and Mexico, and to potentially
7. The Institute of Mexicans Abroad, IME, is and agency of the Secretaría de Relaciones Exteriores
responsible for coordinating federal government policy directed towards Mexicans abroad. IME keeps in
close contact with Mexican communities abroad through an Advisory Council comprised of 120
members residing mostly in the United States and Canada and who are either Mexican nationals or
Mexican Americans.
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obtain better jobs. They hope to see the program expand throughout
the United States.
Worker Safety
Mexico’s Secretaría de Relaciones Exteriores (SRE) and the Unites
States’ Department of Labor (DOL) signed a joint declaration on July
2005, to improve compliance with and awareness of workplace laws
and regulations, through information sharing, outreach, education,
training, and the exchange of best practices.
Along with this declaration, two letters of agreement were also signed
by Mexico and the United States which highlight specific efforts to be
undertaken between the U.S. Department of Labor’s Wage and Hour
Division (WHD), the Occupational Safety and Health Administration
(OSHA), and the Mexican Embassy and Consulates in the United
States, to ensure safe and healthy working conditions for workers from
Mexico.
Both governments have agreed on a Working Program for this year,
with the objective of informing Mexican workers about appropriate
safety conditions that should be observed in their workplaces and
their rights and responsibilities.
The Embassy of Mexico in Washington and the consular network have
established a cooperation framework with the regional and local
offices of the Department of Labor that has provided a more
effective outreach to the Mexican community.
Local and federal officers from the OSHA and WHD divisions in
coordination with the Mexican consulates in New York, San Antonio,
Dallas, Chicago, Boston and San Francisco, have organized training
seminars that have provided the specific information requirements in
those regions and consequently established action plans. In this
regard, one of the most successful actions has been the “training the
trainer” program, which has allowed the Mexican community to
become part of the dissemination process and have a more
confident approach towards U.S. labor authorities and regulations.
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As part of the joint communications strategy, the first edition of
brochures and joint materials are specifically targeted to the
construction, meat packing and landscaping industries. Also, joint
video and radio spots have been prepared containing specific
information regarding state and federal regulations on wages and
hourly rates. The consulates and the regional DOL offices have
identified the best means to disseminate the joint materials through
local media, including Spanish speaking stations and broadcasting
networks.
Observatory
On March 3 of this year, the Mexican Government created, by
Presidential Executive Order, the Permanent Labor Observatory as
part of the ongoing operations of Mexico’s Secretaría de Trabajo y
Previsión Social (counterpart to DOL). The main purpose of the
observatory is to create a permanent, free and accessible system of
information for the population regarding the characteristics and
tendencies of employment, professions and occupations in the
Mexican labor market.
Currently operating via the internet, the Observatory attempts to
match employees with employers. Should a TWP be implemented
between Mexico and the United States, the Observatory could serve
as a tool to improve the efficiency of the program.
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A Sector-Specific Effort
Bilateral cooperation to enhance labor efficiency within the context
of a TWP could focus on the specific sectors where foreign-born
Mexican population in the United States concentrates.
Five Largest Occupations of the Foreign Born from Mexico in
the United States: 2000
19.4
13.7
11.4
10.0 9.8
0.0
5.0
10.0
15.0
20.0
25.0
Production
occupations
Construction
trades
Building and
grounds cleaning
and maintenance
occupations
Food preparation
and serving
occupations
Transportation and
material moving
occupations
Percent
Source: U.S. Census Bureau, Census 2000, 5% PUMS File
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TWP Cost
One of the major elements of debate on immigration in the United
States centers around the fiscal impact of immigration, particularly on
healthcare and education costs. Although it is clear that immigrants
affect the public finances at various levels of government, it is also
true that different studies have come up with distinct conclusions
about the issue. Moreover, it is very likely that the fiscal impact of an
immigrant is a function of his or her legal status.8
Mexico’s “Seguro Popular”
In 2002, the Mexican Government began implementing the Seguro
Popular, a public health insurance program for low income families
not covered by traditional private or social security programs. The
program is financed and administered by the Secretaría de Salud —
counterpart to the Department of Health and Human Services— in
coordination with state governments.
The program offers a healthcare package of 154 medical services
(mainly for low cost and preventive interventions) and access to 168
specific drugs and medicines with a modest fee that varies according
to income level.
As of December 2004, approximately 1.5 million families (13% of all
families not covered by health insurance in México) have joined the
program. By the end of 2005, there will be 3 million families enrolled in
the Seguro Popular and coverage will be available for migrant
members of those families.
Close to 70 percent of the families enrolled in the Seguro Popular
have a woman as the head of the family. Therefore, the Secretaría de
8. The 2005 Economic Report of the President of the United States provides ample discussions on this
topic.
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Salud estimates that a significant number of families have at least one
member working temporarily or permanently in the United States.
These families can add the migrant member of the family to the list of
beneficiaries in order to be eligible for coverage whenever he or she
is in Mexico.
This year, the Secretaría de Salud, in coordination with the SRE, began
working to expand coverage of the program to Mexican nationals
residing in the United States. Specifically, Mexican nationals residing in
the United States whose families are already covered by the program
can register and receive basic coverage in Mexico.
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Binational health insurance
Private health insurance companies from Mexico and the United
States have expressed their interest in developing a bi-national health
insurance scheme. It is plausible that such coverage can be
considered as part of a TWP. Two underlying premises support this
idea:
First, a significant part of Mexican nationals who enter the United
States undocumented often pay “polleros or coyotes” (migrant
smugglers) somewhere between 500 and 2,500 dollars to get them
into the United States. It is possible that, under a regular and legal
program, potential temporary workers would be willing to pay to
obtain health insurance.
Secondly, based on available information regarding the Mexican
migrant population in the United States and the comparative cost
advantages of each health system, a specific health package could
be developed. In principle, the program could establish that certain
services be provided to temporary workers in the United States and
others in Mexico.
It is possible that such a program could also be developed by the
Social Security Administration and its Mexican counterpart the Instituto
Mexicano del Seguro Social.
Education
The Plazas Comunitarias Program is a result of the collaborative efforts
of several Mexican public institutions, including: The National Council
of Education for Life and Work (CONEVYT), the National Institute for
Adult Education (INEA), the Ministry of Education, the National
Commission of Free Textbooks (CONALITEG) and the network of
Mexican consulates in the United States.
A Plaza Comunitaria is a community center which offers a wide
variety of educational services through the internet, including
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distance learning programs for literacy and elementary and high
school education (mostly in Spanish).
The curriculum is provided by the Government of Mexico, as well as
the textbooks, teacher’s training, and certificates. Usually a school or
a community center provides the computer network, as well as the
volunteers or professional teachers who conduct the sessions.
The main objective of the Plazas Comunitarias in the United States is to
widen the educational opportunities for the Mexican communities
residing in the United Sates and to place within their reach the
benefits of information and communication technologies.
A recent independent university study9 commissioned by the IME,
identified the Plazas Comunitarias as one of the most successful
educational projects the Mexican government has implemented for
Mexicans abroad. Currently, 125 Plazas Comunitarias are operating in
26 states of the United States, where educational services are offered
to more than 10,000 people.
In 2005, the Mexican Congress appropriated funds to the Foreign
Ministry’s budget for the development of a pilot educational program
for Mexican migrants. In order to comply with this legislative mandate,
the IME entered into negotiations with the Office of the President of
the University of California. The University will participate by matching
funds and administering the program.
Resources will be allocated to partial scholarships for undocumented
students pursuing an undergraduate degree who are registered in
either Universities or Community colleges, and who support adult
education through the Plazas Comunitarias.
The Plazas Comunitarias Program could serve as a useful tool to
provide English as well as technical education for specific economic
sectors to Mexican workers in the United States.
9 . The study was conducted by a team of specialists from the University of California (headed by Patricia
Gandara, from UC-Davis).
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The Mexico-Canada Experience
The Seasonal Agricultural Workers Program (SAWP) is a successful
labor mobility program between Mexico and Canada.
The SAWP started in 1974 through a Memorandum of Understanding
between federal governments of Mexico and Canada establishing
the legal framework for the recruitment of Mexican agricultural
workers on a temporary basis.
During the past 30 years, the SAWP has demonstrated to be a
beneficial and successful program for both Canada and Mexico. It is
recognized as a model of international cooperation by demonstrating
the possibility of maintaining an orderly, legal and secure flow of
migrant workers between the two countries. In 2004, 10,708
agricultural workers from Mexico participated in the program. Most
Canadian provinces participate in the program. The work in
agricultural areas includes tobacco, vegetables, fruit and
greenhouses.
SAWP is an annual program based on Canadian laws. According to
the program, contracts start in the spring and end in the fall. There is a
specific procedure through which Canadian authorities send a
written request to their Mexican counterparts specifying the number
of seasonal workers they are willing to contract and the
characteristics of the workers they need. Mexican authorities run the
process of selecting the workers and allocate them in different farms
according to the needs and specific requirements of the Canadian
employers.
Mexican agricultural workers sign an employment contract with a
Canadian employer. The length of the contract varies from a
minimum of six weeks to a maximum of eight months, depending on
the activity performed by the employees. After the contract ends,
workers must return to Mexico.
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Currently, more than 70% of the temporary workers who immigrate to
Canada are the so-called “nominal workers” -- a term used to
describe workers who have previously worked in Canada with the
same employer. Under this particular process, it is possible to identify
Mexican seasonal workers who have been immigrating to Canada on
a temporary basis for more than 20 years. Mexican agricultural
workers arriving in Canada have the same rights and obligations as
Canadian workers performing the same activity. This includes the
same salary, medical insurance and employment insurance.
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SAWP’s Main Operational Characteristics
• The Ministry of Human Resources and Skills Development in
Canada (HRSD):
�� Administers SAWP and helps the employers with the process of
contracting international workers on a temporary basis.
�� Assesses the applications for international workers and provides
opinion of the impact of those contracts on the Canadian labor
market.
�� Maintains communications with Citizenship and Immigration
Canada and with the Embassy of Canada in Mexico, in order to
facilitate the movement of Mexican workers.
�� With the purpose of including the agricultural sector of Canada in
the process, an alliance between HRSD and the representatives of
the Canadian agricultural industry was formed. This alliance
resulted in the creation of the Foreign Agricultural Resource
Management Services (FARMS).
�� FARMS is a private sector non-profit organization, federally
incorporated in 1987, authorized by HRSD to be the administrative
arm of the SAWP in Ontario (where most seasonal workers are
located). It assists in the processing of requests for Mexican
seasonal agricultural workers. On HRSD’s behalf, FARMS
communicates the requests for workers that have been authorized
by the Local Human Resources Centers (LHCC) to the Federal
Government of Mexico.
�� FARMS works closely with CanAg Travel Services Ltd., which is the
authorized travel agent that arranges travel service on behalf of
the employers for the transportation of the international seasonal
agricultural workers.
�� The Department of Foreign Affairs and International Trade (DFAIT),
through the Embassy of Canada in Mexico, is the office in charge
of receiving and processing with the proper Canadian agencies,
the applications and employment authorizations or work visas for
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the selected agricultural workers. It also reviews the workers’
medical examinations.
�� The Provincial Health Ministries review the health documentation
corresponding to the seasonal agricultural workers who enter that
province. They also assess the housing conditions of the seasonal
workers.
• Secretaría de Relaciones Exteriores (SRE):
�� Coordinates the SAWP through the Mexican Consulate network.
�� SRE, in coordination with STPS, negotiates the contract conditions
to be applied for the current season and reviews the previous one
during an annual meeting.
�� Issues the travel documents (passport) for the workers and provides
assistance in any situation that the workers may face during
Canada.
�� The Consulates of Mexico in Canada are the direct contact with
the federal government of Mexico and the Canadian Provinces
and agencies involved in the program.
• Secretaría del Trabajo y Previsión Social (STPS):
�� Is responsible for the selection and recruitment of the seasonal
agricultural workers in Mexico.
�� Coordinates the elaboration of the workers files; the procedure
includes the completion of an extensive questionnaire, in which
the experience and commitment of the worker is evaluated. It
provides advice about the working conditions in Canada.
�� Assures that workers fulfill the requirements needed by the
employers and ensures that the terms of the contracts between
Canadian employers and Mexican employees are met.
• Secretaría de Salud performs the required medical examinations to
the workers and issues a medical approval, taking into
consideration the activity the workers will perform in Canada.
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• Secretaría de Gobernación issues the immigration documents
corresponding to the seasonal agricultural workers in Canada.
Security
The terrorist attacks against the United States on September 11th,
2001, fostered an unprecedented level of cooperation between
México and the United States in border enforcement and security and
underscored the need for a migration system that allows migrants to
continue to enter the United States and, at the same time, prevent
terrorist to penetrate its borders.
It is clear that border security ranks among the top concerns of public
opinion in the United States. As things currently stand, any significant
immigration reform will most likely stall unless public opinion is
convinced that such efforts will enhance U.S. homeland security.
In this regard, it is necessary to: (i) further inform U.S. public opinion
about ongoing bilateral cooperation on security —especially at the
border— and (ii) to make a better case of the security benefits of
immigration reform.
Work in Progress
• Border Partnership
The Mexico-U.S. Border Partnership Declaration, signed in March of
2002, has served as the institutional framework for border security
cooperation between Mexico and the United States.
This important partnership is intended not only to mitigate the risks of
illicit traffic in our border areas, but also to ensure the fast and efficient
flow of people and goods across our common border. The overall
policy objective is to achieve a balance between efficiency and
security.
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The partnership has three major areas of cooperation: secure
infrastructure, secure flow of people, and secure flow of goods.10
• Security and Prosperity Partnership of North America
On March 23rd 2005, the Presidents of Mexico and the United States
and the Prime Minister of Canada agreed to create the Security and
Prosperity Partnership of North America (SPP).
The SPP is based on the principle that the prosperity of Mexico, the
United States and Canada is dependent on common security and
recognizes that the three countries are bound by a shared belief in
freedom, economic opportunity and strong democratic institutions.
The SPP establishes a common security approach for North America
to protect the region from external threats, prevent and respond to
threats within North America, and further streamline the secure and
efficient movement of legitimate traffic across our shared borders. The
10. The Mexico-U.S. Border Partnership Progress Report 2002-2004 (January 17, 2005) provides more
detailed information.
Mexico’s Public
Policies to Foster
Circular Migration
23
SPP will (i) develop and implement traveler security, cargo security,
and bioprotection strategies; (ii) combat transnational threats and
implement a common approach to emergency response; (iii)
improve aviation and maritime security, and enhance critical
infrastructure protection and intelligence cooperation; (iv) develop
and implement a border facilitation strategy to build capacity and
improve the legitimate flow of people and cargo at our shared
borders.
Between April and June 2005, the governments of the three countries,
through ministerial-level working groups, will consult with the business
sectors, state and local governments and non-governmental
organizations in their respective countries, set specific, measurable,
and achievable goals and implementation dates and identify
concrete steps that the governments can take to achieve the SPP
goals.
Future Work
Given the choice, Mexican immigrants would prefer to enter the
United States through a safe and legal manner, instead of risking their
lives, as is often the case.
By establishing new mechanisms to allow for a legal, orderly, safe and
humane migration between both countries, the security of the United
States and Mexico could be significantly enhanced because of the
following reasons:
a. By directing future immigration through legal channels, the
United States’ Government can allocate border enforcement
resources to identifying those individuals who may actually pose
a threat to national security or public safety.
b. The same applies to Mexico’s border enforcement efforts,
which could be better directed to combat migrant smugglers
and human trafficking.11
11. In Mexico, migrant smuggling and trafficking is a crime according to the General Population Law
(GPL) and the Federal Law against Organized Delinquency (FLOD). The GPL (Article 13 establishes six to
twelve years in prison: when attempting to take Mexicans to another country; bringing foreigners to
Mexico, evading immigration inspections and giving shelter or transporting foreigners through Mexico.
Mexico’s Public
Policies to Foster
Circular Migration
24
c. Immigration reform would allow the United States to screen and
run background checks on immigrants.
d. Mexico could explore ways in which background checking can
also be conducted with potential temporary workers, as it
currently does prior to issuing a passport.
e. Expanding legal channels for immigration would significantly
undercut the market for migrant smugglers and human
trafficking.
The sanctions for those who, knowingly, help out directly or indirectly are 1 to 5 years in prison.
Aggravating circumstances would be taken into account when the above mentioned conducts are
carried out: with minors; in circumstances that put at risk the health, integrity or life of the migrants; or
when the one who carries out the crime is a public servant. The FLOD (Article 3, section III; Article 4,
section II; and Article 5), establishes that “Organized delinquency will be considered when three or more
people get together and display a human smuggling and/or trafficking conduct, permanently or
persistently”. In addition to all sanctions stated in the General Population Law, the following will also be
applied to all organized crime: eight to sixteen years in prison to those who have and carry out
administrative, commanding or managerial roles; four to eight years to those who do not have the
above mentioned roles. Sentencing will increase by half when the crime is committed by a public servant
or when minors or incapable (physically challenged) are used to carry it out.


http://www.embassyofmexico.org/images/p ... 202006.pdf