Immigration Reform? Look South, Old Pol, Look South

(With apologies to Horace Greely for the post title…)

This isn’t a hard news or deeply-researched post, just a quick grab from some top Google hits from news organs, NGOs, official government websites, etc. Heck, you’d think that if I could do a shallow Google-based post in just a few minutes, some congresscritters’ staffs–even Teddy Kennedy’s staff–could do better, but *sigh* no, of course not.

As a modest proposal *cough*, I’d like to suggest that our congresscritters take a look south for immigration reform. Yes, south, to Mexico. From the Foreign Worker’s Guide to Labor and Employment Laws in Mexico (warning, PDF file), from the The Commission for Labor Cooperation, an international organization created under the North American Agreement on Labor Cooperation (NAALC):

The 10% rule. At least 90 percent of the employees of a Mexican company must be Mexican.

Well, that’d be a good start. Of course, it’d close down the “chicken plant” in America’s Third World County that was raided recently, where more than 100 illegal aliens were found (this, after weeks of warnings that the “raid” was coming). Hmmm, it’s no wonder the school in that town is flooded with “English as a second-language” students, is it?

And how about the residency and other requirements for foreign worker employment… in Mexico?

Well, let’s start here:

Mexico’s General Law of Population sets out the rights and obligations of foreigners, as well as the different statuses associated with foreign immigration.

In general, foreign nationals are welcome to visit Mexico for a defined period of time to take part in non-remunerative activities (e.g. a holiday), and requirements for remunerative visits or longer stays (beyond 180 days) require special permits from the Mexican Consulate.

There are two kinds of permit: Non-Immigrant and Immigrant:
Non Immigrant Permits are for people who intend to visit Mexico for a specific purpose and then depart.

Immigrant Permits are for people who wish to live in Mexico, short or long term.

Hmmm, let’s see now. What sorts of folk fall under the two different classes. Non-Immigrant visas cover

Tourist Permits
Traveler In Transit
Visitors (Common for Business and Investors)
Students
Artists and Sportspeople
Distinguised Visitors
Local Visitors
Provisional Visitors
Correspondents and Journalists
Religious Ministers

See any “guest worker” visas there? Nope. Didn’t think so. Probably because of the “90% rule” among other reasons. Let’s look a little further, shall we? Maybe “provisional visitors” offers some sort of loophole, eh?

If you arrive in Mexico without the proper documentation for normal non-immigrant entry (e.g. your passport was lost en-route) you can be issued with a Provisional Visitor Permit that allows you 30 days to get the required documentation together necessary for normal entry. A deposit or bond is required to guarantee that you will return to where you came from. [emphasis added]

Hey! That’s an idea! Let’s require all “undocumented workers” to post a bond to assure that they can get out of Dodge at the end of 30 days!

Yeh, right.

What about permanent (or even semi-permanent) resident alien status?

Immigrant Permits are issued to foreign nationals who have the intention of gaining permanent residency in Mexico. Under immigrant schemes, you are permitted to reside in the country, provided that you fulfil certain criteria (as specified by the type of permit) for a period of up to one year.

The permit must be renewed annually for a further four years in order for you to be able to apply for full residency status. If you wish to remain in Mexico as a “resident alien” after five years, you must apply for full residency status (there is a specific procedure to follow), and have this accepted. Once your application has been accepted and your “FM2” has been issued (see below) you are entitled to full rights and responsibilities as any other Mexican Citizen, with the exception of the right to vote.

So far, not bad. Sounds reasonable to me. I’d be more amenable to congresscriters enacting something along these lines with teeth (instead of, well, the something along these lines we already have without teeth). Still, there are further lessons we may learn from our “good neighbor” to the south.

What does getting a permit to work in Mexico entail for a foreigner?

Permits are gained from the Mexican Government and are issued to people who are sponsored by companies in Mexico (or foreign companies with Mexican operations / subsidiaries), or by people with specific skills required in Mexico. You can enter Mexico to work for a foreign company provided that you do not receive any remuneration directly from a Mexican company or subsidiary…

…These mechanisms are in place to ensure that you will not be: a) taking jobs that Mexican nationals could otherwise have and/or; b) ensure that if you don’t have an immediate income, you have the means to support yourself without relying on the Mexican State in any way. [emphasis added]

I could live with laws like that from our congresscritters, couldn’t you? But what about some specifics? According to the Mexican Cosulate in New York City (note the specificity to the geographic region in the material below), an American getting a work permit for work in Mexico is a little more involved than just wading across the Rio Grande… according to the Consulate, you’d need to show:

An Original Letter from the Company based in New York, New Jersey or Connecticut addressed to the Consulate General of Mexico requesting the nonimmigrant visa and specifying the exact purpose of your trip to Mexico and how your living expenses will be covered, also stating salary

Copy or original of Letter from the Company based in Mexico addressed to the Consulate General of Mexico requesting the nonimmigrant visa and specifying the exact purpose of your trip to Mexico and how your living expenses will be covered, also stating salary

Other proof of economic solvency, if applicable (i.e.: international credit card, bank statements)
Note: If you acquired the American citizenship or permanent residence, your proof of solvency should include copies of paychecks

Airplane ticket to Mexico (round trip) or confirmation letter of reservation, or return travel tickets (showing that the person is going to leave Mexico)

I could live with an immigration law/reguylations like that. Come on, Juan, Maria, just show me your “proof of economic solvency” and a plane ticket home (and allow a full background check to verify) and you can have a temporary visa allowing you temp worker status… That sounds about right.

How about border control? Mexico recently vehemently protested the U.S. proposal to build a fence to deter illegal aliens along a small part of our border with our “good neighbor”, so how does Mexico deal with its southern border? Apparently, rather forcefully, regularly and normally leaving the enforcement of most of its southern border to its military. Oh, my! What big, hypocritical teeth you have, Abuela!

As former New York Mayor Ed Koch said recently,

We should examine what Mexico does on its southern border to keep out the millions that live in greater poverty in Central America and long to enter the honey and flesh pots of Mexico. Let’s not be afraid to do what is right and in the best interest of the U.S.

Well, of course! Though I don’t think we ought to emulate Mexican practices, as noted by this State Department site, slavishly.

Mexican police regularly obtain information through torture and prosecutors use this evidence in courts. The Mexican Constitution and the law prohibit torture, and Mexico is party to several international anti-torture conventions, but courts continue to admit as evidence confessions extracted under torture. Authorities rarely punish officials for torture, which continues to occur in large part because confessions are the primary evidence in many criminal convictions. U.S. citizens have been brutalized, beaten, and even raped while in police custody. Since the beginning of 2002, 21 U.S. citizens have died in Mexican prisons, including five apparent homicides.

So, what does Mexico do with those its military nabs violating its borders?

The National Immigration Institute (INM) has at least six fixed checkpoints on the Chiapas coastal highway, (Huixtla, Echegaray, Arriaga, Tonala, La Ventosa and Matías Romero) checking all cars and buses for illegal immigrants. “When immigrants are caught they are detained in INM detention centers, until we have enough people, 30 or so, to fill a bus and take them back to the Guatemalan border,” says José Rodolfo Muñoz, INM commander in Tapachula.

The INM detention centers are quite infamous among immigrants and human rights organizations. “The immigrants spend up to 24 hours in detention centers, without any food, a glass of water at the most. They get frisked by immigration officers who in most cases steal their money,” says Barilli. According to Barilli, of the 5,000 immigrants that visited the Casa del Migrante this year, one-third denounced human rights abuses perpetrated by Mexican authorities: Illegal detention, cruel treatment, theft, rape and abuse of power are the most cited charges. Last May, Tapachula-based INM agents denounced their own chief Muñoz for “violating the migrants rights.”

The INM reportedly charged fictitious fines to arrested migrants, before releasing them and for giving the inmates “barely a glass of water.” “Besides human rights abuses in individual cases, there is clear government policy of sealing off the border,” says Fabienne Venet of Mexico City-based Without Borders.

Well, stealing the money of illegals just isn’t right. Confiscating their money and possessions as a fine for violating the sovereignty of a foreign country, though… now that sounds about right. OK, leave ’em the clothes on their backs. 24 hours without food? Might be tough on someone with serious health issues, but then, if someone with serious health issues is skulking around sneaking across borders, they have other, more serious problems than going without food for a day, wouldn’t you say? For others, missing a couple of meals and then a no-frills bus ride back across the border just isn’t all that tough a deal.

Sounds like Mexico has a pretty good handle on border control and immigration to me. I say, let’s get our congresscritters to model immigration law and enforcement after Mexico. Sounds fair to me. How could they complain?

(Easily, of course: with the complicity of mass media and congresscritters and bureaucrats, Oh, my! *sigh*)

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