Immigration To Mexico

Emigration to Mexico. Over the centuries, Mexico has received immigrants from Europe, the Americas (e.g., the United States, Argentina, Brazil and Canada), and sometimes from Asia. Today, millions of their descendants still live in Mexico and can be found working in different industries.

Only Mexicans by birth or naturalization and Mexican companies have the right to acquire ownership of lands, waters, and their appurtenances, or to obtain concessions for the exploitation of mines or of waters. The Mexican government may grant this right to foreigners if they agree before the Ministry of Foreign Affairs not to invoke the protection of their own governments in any matters relating to the property they wish to buy. This is known as the Calvo Clause. This is generally done through a permit process. The 1917 Mexican constitution imposed restrictions on the purchase of land on those without Mexican citizenship. In particular, it prohibits direct ownership of real estate in what is known as the "restricted zone". This zone encompasses all land within 100 km of either Mexican land border and within 50 km of any Mexican coastline. Land 'purchases' in these areas can only be done via a mechanism called a fideicomiso, which roughly is a real estate trust, with a Mexican bank designated as the trustee and having possession of the land title. This mechanism was created to allow for foreign investment in these areas without violating the constitutional principle. The beneficiary of the trust, the foreigner, has all the rights to use, build and sell the property at its market buyer to any eligible buyer. These trusts have a term of 50 years and are renewable. The annual cost of these trusts levied by an underwriting bank, separate from the legal costs paid by a property buyer to establish such a trust, may escalate annually; but presently (in 2011) they have a cap on percentage of annual increase chargeable by banks.

Mexico is primarily a country of emigration but it is also a country of immigration, refuge and transit migration. According to the 2010 Census there are 961,621 immigrants registered with the government as living in Mexico, the majority of whom are US citizens—mostly children of deported Mexican government. Immigrants arrive in Mexico for many reasons, most of the documented immigrants have arrived for economic and/or work-related reasons. Many, such as executives, professionals, scientists, artists, or athletes working for either Mexican or foreign companies, arrive with secure jobs. Retirement is the main motivation for immigrants who tend to be more permanent. Aside from dual national descendants of Mexicans, naturalized Mexicans, or the undocumented, 262,672 foreign residents live on its soil. The majority of its foreign residents are from the U.S. followed by Spain and Guatemala. The largest recent immigrant flows to Mexico are from Central America, with a total of 66,868 immigrants from Guatemala, Honduras, Belize, El Salvador, Costa Rica, Panama and Nicaragua living in Mexico in 2010. According to the Mexican government in 2011 just under 20,000,000 foreigners entered its territory

Undocumented immigration has been a problem for Mexico, especially since the 1970s. Although the number of deportations is declining with 61,034 registered cases in 2011, the Mexican government documented over 200,000 unauthorized border crossings in 2004 and 2005

Prior to May 20011, Mexico's immigration flows were regulated by the outdated and highly restrictive General Law of Population of 1970. However, on May 24th, President Felipe Calderón signed into law a new and much more liberal Migration Law. The Mexican Senate and subsequently the House had unanimously approved the migration bill that led to this new law on February 24th and April 29t, respectively. Some of the most significant principles of this new law deal with the rights of migrants. The new law guarantees that foreigners and Mexican nationals will receive equal treatment under Mexican law. Under this principle all immigrants, regardless of status, are granted the right to access education and health services. Mechanism aimed at promoting family unity are now in place. Moreover, before the government takes action (e.g. 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. Migrants are also granted judicial rights that they previously lacked, 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 corruption 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 in violation of this law are now subject to stiff penalties, including monetary fines and hard time behind bars. 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 of all, it replaces the two large immigration categories—immigrant and nonimmigrant—with the categories of “visitor” and “temporary resident.” However, the status of “permanent resident” is kept. 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. According to Article 81 of the Law and Article 70 of the regulations to the law—published on the 28th of September of 2012— 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 ran by civil society organizations or by individuals that engage in providing humanitarian assistance to immigrants.