New migration law stirs uncertainty; No cause for alarm, says INM official
Guadalajara Reporter, Friday, June 24 2011
by Jeanne Chaussee
The
recent enactment of Mexico’s
first stand-alone law on migratory matters will eventually translate into
sweeping changes that include a redefinition of the status held by any
foreigner who decides to visit or live in the country.
But
the first thing resident expats should know is that there is no reason to panic
over the implications, according to Juan Carlos Galvan, chief officer at the
Chapala branch of the Instituto Nacional de Migracion (INM).
Chapala immigration chief Juan
Carlos Galvan advises expat residents to look forward to changes for the better
under the nation’s new migration law.
For
starters, full implementation of the law will not take effect immediately.
Application of the sections governing common INM procedures is contingent upon
the drafting and publication of the law’s complementary and detailed guiding
regulations, a process that will likely take another five months to complete.
Until then, the agency will continue operating under a “business as usual”
policy, Galvan says.
The
Ley de Migracion went on the books as of May 25 with the publication of a
formal decree in the Diario Oficial de la Federacion, the federal government’s
official gazette. It includes stipulations for diverse reforms, deletions and
additional dispositions contained in several other related national laws, such
as the General Population Law, the Federal Penal Code, the Law of Foreign
Investment, and the General Law of Tourism, among others. Previously, statutes
that specifically concern immigration matters were concentrated in the text of
the General Population Law.
A
key point of interest for local expats is the law’s new terminology regarding
immigration status that breaks down into four general categories, spelled out
in Chapter 2, Article 52.
The
Visitante (visitor) status applies to tourists and other foreigners who enter
the country for diverse purposes with intent to remain for short periods, in
most cases not exceeding 180 days. Residente Temporal (temporary resident)
refers to those taking up extended residence for a maximum of four years,
roping in students as well as retirees living on fixed incomes. The Residente
Permanente (permanent residents) category is granted to persons who intend to
make Mexico
their home on an indefinite basis, and includes the right to gainful
employment. There are provisions for issuing working permits to individuals
holding visitor or temporary resident status.
In
broad terms, Galvan says the new law will tend to benefit rather than prejudice
foreigners who choose to live and work in Mexico. “We have begun a process of
modernizing the system. It wouldn’t make sense to backtrack and complicate
matters.” Following the revamping of INM’s fundamental procedures just
one year ago, he stresses that the agency will continue its trend towards
simplification and continuity in the application of procedural rules.
Galvan
says folks are already appearing at the lakeside office to enquire about how
the new law will impact their lives. He has heard that local web boards are
buzzing with commentaries and some twisted information. Recognizing that
many questions and doubts will arise over the coming months, the official
anticipates that INM will eventually program public information sessions to
help clear up any confusion. In the meantime, he advises expats to start
familiarizing themselves with the content of Ley de Migracion.
While
changes in the law are bound to shake things up for some expat residents, Galvan
underlines that the thrust of the new legislation is to assure human rights
protection for foreigners who come into the country and to provide Mexican
authorities with strong legal weapons to combat rampant human trafficking
across and within its borders.
Observers
point out that Mexico now
stands in sharp contrast to the United States,
where Arizona
and various other states have pushed for extremely tough measures against
undocumented immigrants.
In
contrast, under the new Mexican law, illegal immigrants are not qualified as
criminals. On the contrary, they are legally entitled to due process and
protection against abuse and inhumane treatment. By the same token, criminals
who engage in human trafficking and government officials who enable such activities
will now subject to stiff penalties, including monetary fines and hard time
behind bars.