(UPDATED) Incorrectly Sourced Mexican Immigration Laws
For the current Arizona illegal immigration bill, click here.
(UPDATED – Please see the updates and comments at the bottom of the article. The article in question is factual, but inaccurately sourced)
An article posted on Digg claiming that Mexico uses racist and extremely tough immigration laws derived from the constitution turned out to be completely fake.The article in question is called: Mexican Constitution, Immigration Laws Vs. U.S. Constitution
This article on MichNews.com [deleted as of 18:26 Pacific and resposted - but also posted at The Federal Observer] was recently made popular on Digg.com here. This is the introduction:
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. [...]
That seems reasonable, I thought.
Then I came across this comment on Digg.com by user Zaetha, claming the article was a complete lie. Zaetha posted a copy of the Mexican constitution for everyone to see.
The problem with the article is that it’s not a mistranslation.
It is an deliberate fabrication inaccurately sourced article, deceptively claiming to reference specific articles of the Mexican constitution.
Thus, here is an online version of the Mexican Constitution in English, for your own eyes.
Now let’s look at the false claims:
Claim:
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)
Factual, straight from the constitution:
Article 32. Mexicans shall have priority over foreigners under equality of circumstances for all classes of concessions and for all employment, positions, or commissions of the Government in which the status of citizenship is not indispensable. In time of peace no foreigner can serve in the Army nor in the police or public security forces.
In order to belong to the National Navy or the Air Force, and to discharge any office or commission, it is required to be a Mexican by birth. This same status is indispensable for captains, pilots, masters, engineers, mechanics, and in general, for all personnel of the crew of any vessel or airship protected by the Mexican merchant flag or insignia It is also necessary to be Mexican by birth to discharge the position of captain of the port and all services of pratique and airport commandant, as well as all functions of customs agent in the Republic.
Claim:
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)
Factual:
Article 34. Men and women who, having the status of Mexicans, likewise meet the following requirements are citizens of the Republic:
1. Having reached eighteen years of age, if married, or twenty-one years of age if unmarried;
2. Having an honest means of livelihood.
Claim:
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)
Factual:
Article 37.
1. Mexican nationality is lost:
1. By the voluntary acquisition of a foreign nationality;
2. By accepting or using titles of nobility which imply submission to a foreign state;
3. By residing, if a Mexican by naturalization, for five consecutive years in the country of origin;
4. By passing in any public instrument, when Mexican by naturalization, as a foreigner, or by obtaining and using a foreign passport;
2. Mexican citizenship is lost:
1. By accepting or using titles of nobility which imply submission to a foreign government;
2. By rendering voluntary services to a foreign government without permission of the Federal Congress or of its Permanent Committee;
3. By accepting or using foreign decorations without permission of the Federal Congress or of its Permanent Committee;
4. By accepting titles or functions from the government of another country without previous permission of the Federal Congress or its Permanent Committee, excepting literary, scientific, or humanitarian titles which may be freely accepted;
5. By aiding a foreigner or a foreign country, against the Nation, in any diplomatic claim or before an international tribunal;
6. In other cases which the laws may specify.
Claim:
The Secretary of Governance may “suspend or prohibit the admission of foreigners when he determines it to be in the national interest.” (Article 38)
Factual:
Article 38. The rights or prerogatives of citizens [emphasis added] are suspended:
1. Through failure to comply, without sufficient cause, with any of the obligations imposed by Article 36. This suspension shall last for one year and shall be in addition to any other penalties prescribed by law for the same offense.
2. Through being subjected to criminal prosecution for an offense punishable by imprisonment (pena corporal), the suspension to be reckoned from the date of the formal order of commitment;
3. Throughout a term of imprisonment;
4. Through vagrancy or habitual drunkenness, affirmed in the manner prescribed by law;
5. Through being a fugitive from justice, the suspension being reckoned from the date of the order of arrest until the prescription of the criminal action;
6. Through final sentence imposing such suspension as a penalty.The law shall specify those cases in which civil rights may be lost or suspended and the manner of rehabilitation.
Here is the rest of the article, summed up for brevity. You can still follow the links to the English version, to compare
Claim:
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)
Factual:
Article 73 -Simply outlines the structure, powers and responsibility of congress, but says nothing about “keeping track of every single person in the country” or cooperation with federal immigration authorities.
Claim:
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)
Factual:
Articles 85 and 86 -85 talks about the reasons and procedures for appointing interim presidents. 86 talks about acceptable causes for presidential resignation. There’s nothing about a National Population Registry.
Claim:
A national Catalog of Foreigners tracks foreign tourists and immigrants (Article 87), and assigns each individual with a unique tracking number (Article 91).
Factual:
Article 87 – Outlines the presidential oath that must be taken when taking office. Article 91 – “To be a secretary it is required to be a Mexican citizen by birth, to be in exercise of his rights, and be at least thirty years of age”.
Claim:
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)
Factual:
Article 116 – The States have the power to fix their respective boundaries among themselves, by amicable agreements; but such agreements will not be put into effect without the approval of the Congress of the Union.
Claim:
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)
Factual:
See above – Article 116
Claim:
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)
Factual:
Article 117 – Limits the powers of the states (for example, states cannot make coins).
Claim:
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)
Factual:
Article 118 – Limits states further – they may not impose certain port levies, nor start wars with foreign powers.
Claim:
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.
Factual:
Article 119 – Each State has the obligation to deliver without delay the criminals of another State or of a foreign State to the authorities who claim them.
Article 120 – The governors of the States are required to publish and enforce federal laws.
Article 121 – States must respect each others’ laws.
Claim:
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)
Factual:
Article 123 – Why would a constitution contain the specific monetary fine? Either way, this talks about Labor and Social Security.
Claim:
Foreigners with legal immigration problems may be deported from Mexico instead of being imprisoned. (Article 125)
Factual:
Article 125 – “No individual may fill two popularly elected federal offices at the same time [...]“
Claim:
Foreigners who “attempt contempt against national sovereignty or security” will be deported. (Article 126)
Factual:
Article 126 – “No payment may be made that is not included in the budget or provided for by a subsequent law.”
Claim:
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)
Factual:
Article 127 – President, Supreme Court Justices, and other public officials receive compensation specified and paid by the national treasury.
Claim:
Shipping and airline companies that bring undocumented foreigners into Mexico will be fined. (Article 132) *1917 Mexican Constitution… ref. Center for Security Policy
Factual:
Article 132 – Certain buildings used by the government for public service and common use are under federal jurisdiction.
So what “Mexican Constitution” was John W. Slagle using? [See 9/2/07 update].
UPDATE: The fabricated mis-sourced article has made its way to about seven different websites. Some places where it was posted include: ALIPAC (message board post), Newsvine, The Federal Observer, MichNews, Shankradio, The Conservative Voice.
UPDATE (9/2/07): It may not be an intentional fabrication, but rather a bad honest mistake: They are quoting the General Law of the population, and not the Mexican Constitution, even though they claim to be quoting the Constitution.
UPDATE (9/3/07): I apologize for passing judgment hastily. The source of the article is simply The General Law on Population, and not the Mexican Constitution as originally claimed.
Comment by Michael Waller | September 3rd, 2007
Eaglescout is correct to note that the articles in question are not in the Mexican Constitution, and that the items are “inaccurately sourced.” The quotes are from Mexico’s Ley General de Poblacion (General Law on Population), not from the Mexican Constitution. As far as I know, the law has not been fully translated into English. Here is a link to the law in Spanish, from a Mexican government website. http://www.gobernacion.gob.mx/compilacion_juridica/webpub/Reg23.pdf. I hope this clear up the matter.
Comment by eaglescout | September 3rd, 2007
Thank you for clarifying, and I apologize for hastily speculating on intention. It looks like the articles are factual, but not directly derived from the Mexican Constitution.
Comment by Outraged Patriot Trash | September 16th, 2007
I hardly consider the couple of lines of text a real apology compared to the lengthy garbage preceding it — you owe a true apology to everyone you have maliciously smeared
Comment by eaglescout | September 19th, 2007
What kind of apology would you like to see? The article is not inaccurate.
Comment by Homer | November 20th, 2007
We need to be able to talk about the truth of these things. however, much of the debate seems to get caught up in the rebuttals and apologies about details, sources, etc. That’s fine, but can we still be outraged by the hypocrisy of the Mexican government in influencing American policy for their own gain (the precious remittances from exploited
Mexican workers int he U.S). Then we can pile on their own horrific treatment of Guatemalans and indigenous people of Southern Mexico while they whine about our own Border Patrol who ahve the nerve to shoot armed drug runners at our borders.
Forget the corrupt Mexican government and America-haters and let us focus as we must, as We the People, on our own common vision, purposes, and unique American lifestyle to create our laws, which help shape the kind of society we will be in the future.
Comment by Kryptkpr | April 14th, 2008
Eaglescout, the article is inaccurate with respect to Michael Waller’s post on humanevents.com as the article states.
“The Mexican constitution strictly defines the rights of citizens — and the denial of many fundamental rights to non-citizens, illegal and illegal. Under the constitution, the Ley General de Población, or
General Law on Population, spells out specifically the country’s immigration policy.”
It say’s in the article that it is quoting the General Law on Population and that this law is under the jurisdiction of the Mexican Constitution. The fact that you are upset that you thought the article was saying it was sourced from the Mexican Constitution is a strange aberation. Ok, now that you know the article says this what do you say to that? Is this article false and if so, why?
Comment by eaglescout | August 8th, 2008
To Kryptkpr: the article referenced here was indeed sourced incorrectly. The mistake was brought to the attention of the author as well as the publisher and was corrected. What you read is a correction. Therefore, most of my criticism does no longer apply, but I have left a record of the thought processes that were involved.
The General Law on Population is generally archaic and rarely enforced, and has nothing to do with the United States’ laws on immigration; i.e., it is not a response to it.
Mexico has in fact amended The General Law on Population recently to reflect more progressive thinking and to avoid hypocrisy.
http://www.eluniversal.com.mx/notas/421866.html
The Mexican government has completely eliminated articles 119, 120 and 127 as of April 2007.
The remaining articles are common sense laws that apply to any country.
Comment by dsrtrosy | March 9th, 2009
I don’t understand your claims. In many instances, you seem to have deliberately chosen articles from the Mexican constitution that relate to “citizens” when attempting to refute claims about “foreigners.” The two appear to be direct opposites to me. Has the dictionary been revised?
Comment by eaglescout | March 10th, 2009
To dsrtrosy,
I was refuting the original article which incorrectly cited the Mexican Constitution instead of the General Law on Population.
Comment by YuccaPlant | December 12th, 2009
Nothing new, however. Have you seen what I can only describe as insane activity over on that GroobLi post? Eaglescout, whilst I understand your desire to expose the truth and commend you on it, having 2200+ posts of frothing nonsense isn’t the way to go about it.
Comment by JessieJ | February 4th, 2010
You wanted to blast someone for an error that they made as far as their source of info. You were so set on lambasting them that you failed to catch the simple error. Now let me tell you this… I know first hand that there were Americans in jail facing charges for not having proper visa papers. You wait two years for the sentencing and then charged for the two years and Mexico calls it even and you are deported. The system is totally different and most Americans do not know when they cross the border. Something to chew on-Napoleonic Law. Look that one up.
Comment by Tiffany | April 26th, 2010
I wonder if you realize that this page is still being linked to by people who want to paint this thing as a ‘complete fabrication.’
Comment by Drusilla | April 27th, 2010
From the fact sheet regarding Mexican Visas and immigration:
Listed below are examples of the kinds of people who might apply for FM2 visas:
Retirees
If you are over 50 years of age, and want to engage in “non-remunerative activities” and you are receiving funds from abroad (from a pension or other investments or fixed income) you can apply for a Retiree Immigration Permit. Read more about Retirement in Mexico on Mexperience.
Investors
You can receive an immigration permit if you are willing to invest your capital in Mexico. You investment can be directed at industry or services, and must equal a minimum set amount–check with an immigration lawyer for the latest investment levels required for this visa.
Professionals
If you are a qualified professional, you can have your certificates validated by the Mexican Consulate in your home country and apply for an immigration visa to live in Mexico and seek permanent residence.
Technical or Scientific Professions
If you are a qualified technician or scientist, Mexico offers a category of visa which enables you to live and work in Mexico under sponsorship from a foreign company. For example, if the company wants to open an office or factory in Mexico, a person or persons representing that company may enter Mexico to manage the commercial operations on a long term basis.
Artists and Sports People
Artists or sports people who seek long term permanent residency in Mexico may apply for a FM2 visa. Each case is considered individually and entry is at the Interior Ministry’s discretion.
Comment by Timothy | April 27th, 2010
Your articles are totally bogus. Your comparisons are totally wrong and make no sense! Par for the course for far-left!
Comment by Staberdearth | April 27th, 2010
Knowing the way that Mexico prosecutes illegal immigrants in its own country appears to be the kinds of fact that you would prefer not to deal with in your backfilling whatever meandering stance you are trying to take. It is simply quite amazing and makes you look like an even bigger dumbass than just being entrenched in whatever biased bull schitte that you are shoveling. You do NOT want to be caught as an illegal immigrant in Mexico. Try it, asswipe!
Comment by Michelle | April 28th, 2010
Why don’t you update the title of this blog to: Unclear Source Citations about Mexican Immigration Laws spread by Conservative Sites. (That way your title won’t be a “complete lie”.) Just a thought.
Comment by Michelle | April 28th, 2010
OK, that was a little harsh, and I apologize. But seriously, as much as I appreciate fact checkers, you’ve got to be very careful before you call someone else a liar.
Comment by eaglescout | April 29th, 2010
That’s a good idea Michelle. Thanks.
Comment by Rich Gillespie | May 20th, 2010
Is there a good, reliable site for information on Mexican immigration laws. I have read similar articles and suspected they were incorrect. I autmaticly suspect “information” from anyone who is makes their living as a “professional hysteric”
Comment by youngrman | May 21st, 2010
Check Amnesty international’s article in April 2010 on the growing problem of Central American kidnapping, rape and trafficing in southern Mexico.
This is hardly a misinformed conservative source.
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