Mexican Constitution, Immigration Laws Vs. U.S. Constitution

By John W. Slagle

NOTE: In response to a series of emails, which have been received by The Federal Observer, questioning the validity of the following column AND it's author, Mr. Slagle offers the following clarification:

To clear up the percieved notion that Mexico does not have laws governing illegal immigration, please read Report for Congress April 2006. Directorate of Legal Research LL File # 2006-02877 titled Immigration Law Sanctions and Enforcement in Selected Foreign Countries...Brazil, Egypt, Japan, Mexico, Sweden, and Switzerland. www.loc.gov/law/congress 2006-02877

Under Mexico, page 16 , the immigration laws of Mexico is contained within the general population act of Jan. 7, 1994. Senction C..Sanctions , Article 6, Federal Penal Code, Article 140. D. Illegal entry is a crime in Mexico (delito) subject to imprisonment for up to 2 years. Other offenses subject to imprisonment are also clearly stated. Many articles have been written by numerous authors since 2006 on this issue. The 1917 Constitution is the basis of all laws in Mexico similar to our own in the United States. From our Constitution, laws applicable to Immigration, laws and enforcement are contained under the separate INA 8 U.S. Codes from illegal entry 8 USC 1325, Smuggling of aliens 8 USC 1324 to Conspiracy, et.all.

Immigration laws of Mexico were also formulated from government needs, policies and are separate but a part of the Constitution under Foreigners. - J.S.

...and further support for Slagle's position comes from the following source:

DearFederal Observer, MichNews.com, et al;
Someone's going around different websites accusing John Slagle of fabricating and lying about Mexico's immigration laws.

I was the original researcher of Mexico's constitutional and legal provisions concerning immigration, and authored "Mexico's Glass House" and related papers that have been widely quoted. Someone calling himself "Eaglescout" is slamming Slagle for being a phony.

The reality is, Slagle was right on target. The wording of his article might cause someone to think that the individual legal articles he cited are in the Mexican Constitution, which is why Eaglescout or other critics correctly said that the constitution says no such thing. The actual citations are contained in the Ley General de Poblacion (General Law on Population), which is Mexico's fundamental immigration law. I do not believe that the law has been fully translated into English, but here's the original on a Mexican government website.

Slagle's citations correlate with the articles in the law, not the constitution. So his point is completely correct.

I see that Eaglescout made a tiny correction yesterday to note this discrepancy, but that doesn't do anything for the fact that he went around calling people liars and fabricators and demanding retractions.

Keep up the great work.

Sincerely,

J. Michael Waller
Walter and Leonore Annenberg Professor of International Communication
The Institute of World Politics
1521 16th Street NW
Washington, DC 20036
www.iwp.edu

Special Interest Groups consider U.S. Immigration laws racist, inhumane and unjust. A possible answer to the problem would be abolishing all U.S. Immigration Statutes and adopting "word for word” Mexico's standards and law per their government constitution. How could any group in the United States including LULAC or ACLU be offended? DHS Secretary Chertoff appears to hate the idea of enforcing U.S. laws on the books because it would separate families. Amnesty, guest worker classifications for twenty million plus illegal aliens from all nations was not a proposition voters wanted.

Enforcing the laws for the first time in decades stateside may actually be the answer.

Contrary to popular belief, Mexico has very strict immigration laws which are enforced by every police agency in the country. The Bureau of Immigration can call upon any law enforcement officer to assist in their mission. Citizens from the United States traveling in Mexico without proper documents are subject to arrest as illegal aliens. The Mexican government has been very outspoken, critical on U.S. Immigration law enforcement efforts and supports Amnesty for all illegal aliens residing, working in this nation. It seems President Bush as well as most in the U.S. Congress and Senate are on the same page. If our Constitution, Bill of Rights, Immigration Codes are of no importance, our laws too strict, there should be comprehensive reform direct from the 1917 Constitution of Mexico.

The laws regarding foreign national visitors, immigrants, non-citizens are as clear and concise as U.S. laws which are considered unenforceable by many politicians.

Our Immigration codes are similar in context to Mexico’s but without political will to enforce the law, establish border security, interior enforcement, the INS was “broken” by design, intervention and agendas through many administrations.

Mexico welcomes only foreigners who will be useful to Mexican society:

Foreigners are admitted into Mexico "according to their possibilities of contributing to national progress." (Article 32)

Immigration officials must "ensure" that "immigrants will be useful elements for the country and that they have the necessary funds for their sustenance" and for their dependents. (Article 34)

Foreigners may be barred from the country if their presence upsets "the equilibrium of the national demographics," when foreigners are deemed detrimental to "economic or national interests," when they do not behave like good citizens in their own country, when they have broken Mexican laws, and when "they are not found to be physically or mentally healthy." (Article 37)

The Secretary of Governance may "suspend or prohibit the admission of foreigners when he determines it to be in the national interest." (Article 38)

Mexican authorities must keep track of every single person in the country:

Federal, local and municipal police must cooperate with federal immigration authorities upon request, i.e., to assist in the arrests of illegal immigrants. (Article 73)

A National Population Registry keeps track of "every single individual who comprises the population of the country," and verifies each individual's identity. (Articles 85 and 86)

A national Catalog of Foreigners tracks foreign tourists and immigrants (Article 87), and assigns each individual with a unique tracking number (Article 91).

Foreigners with fake papers, or who enter the country under false pretenses, may be imprisoned:

Foreigners with fake immigration papers may be fined or imprisoned. (Article 116)

Foreigners who sign government documents "with a signature that is false or different from that which he normally uses" are subject to fine and imprisonment. (Article 116)

Foreigners who fail to obey the rules will be fined, deported, and/or imprisoned as felons:

Foreigners who fail to obey a deportation order are to be punished. (Article 117)

Foreigners who are deported from Mexico and attempt to re-enter the country without authorization can be imprisoned for up to 10 years. (Article 118)

Foreigners who violate the terms of their visa may be sentenced to up to six years in prison (Articles 119, 120 and 121). Foreigners who misrepresent the terms of their visa while in Mexico -- such as working with out a permit -- can also be imprisoned.

Under Mexican law, illegal immigration is a felony. The General Law on Population says,

"A penalty of up to two years in prison and a fine of three hundred to five thousand pesos will be imposed on the foreigner who enters the country illegally." (Article 123)

Foreigners with legal immigration problems may be deported from Mexico instead of being imprisoned. (Article 125)

Foreigners who "attempt contempt against national sovereignty or security" will be deported. (Article 126)

Mexicans who help illegal aliens enter the country are themselves considered criminals under the law:

A Mexican who marries a foreigner with the sole objective of helping the foreigner live in the country is subject to up to five years in prison. (Article 127)

Shipping and airline companies that bring undocumented foreigners into Mexico will be fined. (Article 132)

*1917 Mexican Constitution… ref. Center for Security Policy

August 29, 2007

© 2007 John W. Slagle - All Rights Reserved

About the Author

The author, a daily reader and frequent contributor to The Federal Observer has spent over 32 years defending this nation and was on duty Sept.11 at HQ Intelligence. After retirement in 2002, returning to his home in Arizona, the borders were over-run with illegals, death was an everyday occurrence, the Mexican Military was escorting narcotics shipments and shooting at our Border Patrol Agents. Park Ranger Kris Eggle was murdered in an international incident involving Mexican Hit men, narcotics smugglers at Lukville and politicians with the exception of Colorado Congressman Tancredo ignored the problem. The same situation existed with mainstream media. Even a load of illegal aliens whose vechicle was riddled with mexican military machine gun fire was not worthy of attention.



Like many people, he tried to contact elected officials on the problems, and recieved standard form replies in return. Finally, he had enough and wrote ILLEGAL ENTRIES which is now published and shows three decades on the Borders, and how politicians have created the problems in illegal immigration from 1972 to 2004. Like many of his partners, some who were killed enforcing immigration laws, Amnesty for lawbreakers is a "kick in the face" to our honored dead. As a longtime conservative, he will not vote or support any elected official whose interests are not for U.S. Citizens or lawfully admitted resident aliens.

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