Published On: Thu, Mar 27th, 2014

Mexico to comply with UN treaty Category

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The Foreign Relations Secretariat (SRE) issued a decree on Monday March 24th 2014, modifying Mexican immigration law, putting the country in compliance with the UN’s International Convention on the Protection of the Rights of All Migrant Workers and their families.

When Mexico ratified the convention in 1999, it did so with reservations in regards to Article 22, Paragraph 4, which states: “Except where a final decision is pronounced by a judicial authority, the person concerned shall have the right to submit the reason he or she should not be expelled and to have his or her case reviewed by the competent authority, unless compelling reasons of national security require otherwise.

Pending such review, the person concerned shall have the right to seek a stay of the decision of expulsion.”

The Mexican government placed restrictions on this section of the treaty due to their conflict with Article 33 of the Mexican Constitution, which prohibits foreigners from participating in the country’s political process and allows the Executive Branch of the federal government to expel any foreigners it sees fit, without recourse to legal appeal.

Article 33 was modified in 2012, giving foreigners facing deportation the right to a legal defense, which removed the need for the government to place reservations on the UN treaty.

Foreign Relations Secretariat Office in Merida, Yuc.

Foreign Relations Secretariat Office in Merida, Yuc.

Source: Foreign Relations Secretariat

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