WORKING GROUP MEETING ON MIGRATION AND CONSULAR AFFAIRS

JOINT COMMUNIQUÉ

(Zacatecas, February 13-14, 1995)

The Working Group on Migration and Consular Affairs of the Mexico-United States Binational Commission met on February 13th and 14th, in the City of Zacatecas, Mexico. This meeting follows the three meetings held in 1994 on these issues and continues a far-reaching exchange of perspectives on the complex migration phenomenon between both nations.

The Mexican delegation was headed by the Undersecretary for Bilateral Affairs from the Secretariat of Foreign Affairs, Juan Rebolledo, Undersecretary of Population and Migration Services of the Secretariat of the Interior, Manuel Rodríguez Arriaga, and the Commissioner of the National Migration Institute, Fernando Solís Cámara.

The U.S. delegation was presided over by the Commissioner of the Immigration and Naturalization Service, Doris Meissner, the United States Ambassador to Mexico, James Jones, and Deputy Assistant Secretary for Inter-American Affairs of the Department of State, Arturo Valenzuela.

Among the results of the meeting, the following may be highlighted:

I. General considerations

1. Both delegations agreed on the usefulness of the consultations carried out within the framework of the Binational Commission, reiterated their willingness to promote the process of bilateral dialogue regarding the migration phenomenon, and evaluated the progress made since the last meeting of the Working Group on Migration and Consular Affairs, held in Washington D. C., in October, 1994. Particularly, they agreed to strengthen the Group as a mechanism that furthers permanent communication and exchange of information regarding the migration phenomenon.

2. Both delegations recognized the complexity of migration between the two countries and the need to address its different aspects in a comprehensive manner. They emphasized the importance of increasing cooperation with respect to shared migration problems, taking into account the asymmetries between their economies, labor markets and recognizing that a comprehensive, long-term solution to the phenomenon relies on Mexico's stability and sustained economic development. This calls for cooperation to promote growth, employment and the well-being of the two nations while recognizing the sovereign right of each of our countries to protect its borders and to enforce its own immigration laws and regulations.

3. The Mexican and U.S. delegations reiterated their firm commitment to respect the dignity and protect the human and civil rights of all Mexican migrants in the United States, regardless of their legal status. They expressed their opposition to the exclusion of migrants from educational and emergency medical services. The Mexican delegation expressed its serious concern regarding the tendencies prevailing in the United States to promote local, state, and federal legislation to limit the rights of undocumented and documented migrants to some social services.

II. Exchange of information:

1. Both delegations exchanged information regarding their respective migration policies. In this regard, the United States delegation emphasized that the fundamental objective of the migration policy of the United States is to control and prevent illegal immigration and, at the same time, facilitate and support legal migration. President Clinton's FY-1996 budget proposal is designed to protect U.S. borders; protect the interests of U.S. workers in the work place; remove criminal and other deportable aliens; and, assist the states which are burdened with the impact of illegal immigration.

2. The United States delegation explained that its proposal for a border crossing fee at land borders: a) would apply to both its southern and northern borders; b) be similar to a fee presently charged at airports that has vastly improved facilitation of air passenger travel and tourism; c) provide funds that would all be returned to border areas to improve border port facilities and personnel to reduce congestion of vehicles and pedestrian traffic; and, d) stimulate economic activity at the borders for all NAFTA partners.

The Mexican delegation reiterated its serious concern about such a proposal that would apply to pedestrian and vehicle crossings at all U.S. land borders with Canada and Mexico. The Mexican government emphasized that this measure would be highly detrimental to the communities on both sides of the border as well as for tourism, commercial and economic exchanges between Mexico and the United States.

3. The United States delegation described its commitment to a continuing legal immigration tradition through such efforts as streamlining procedures to allow for increased levels of naturalization of legal permanent residents and improved services to all its customers. It described how improved naturalization efforts help to promote legal migration from Mexico, which is the country of origin of the largest share of legal immigration to the U.S.

4. The Mexican delegation expressed that it is necessary to promote family reunification programs for naturalized citizens as well as legal residents. In this respect, the U.S. delegation stated that the U.S. immigration laws favor family reunification. Both delegations agreed on the utility of undertaking a special public information campaign to promote family reunification of those who fulfill legal requirements.

5. The Mexican delegation stated that in December, 1994 the Government of President Zedillo launched a new process to review and strengthen its migration policy. This policy pursues three fundamental objectives: a) to ensure effective law enforcement for the protection of Mexican borders; b) to promote migration flows that benefit economic, social, scientific and technological development and contribute to enrich the country's culture; and, c) to reconcile efficiency with quality services, transparency and respect for the human rights of migrants, regardless of their migratory status.

6. The Mexican delegation described the modernization of the National Migration Institute, including the reform of its legal framework and structures, the professionalization of its personnel and the provision of additional material resources.

7. The Mexican delegation emphasized that the new Government's migration policy program includes the expansion of Grupo Beta's experience as a valuable instrument to combat violence and abuse against migrants at the border. It confirmed that the Grupo Beta operating in Tijuana will be provided with better resources. The Grupo Beta in Nogales will be reorganized in order to make it more effective. Likewise, the Mexican delegation confirmed the decision of its government to create similar groups this year for two other Mexican border cities. During the second quarter of 1995, the decision regarding these cities will be announced, following the requisite evaluation studies.

8. The Mexican delegation pointed out that the emigration of undocumented Mexicans to the United States represents a loss to Mexico of a particularly enterprising and energetic sector of its labor force. Therefore, the federal government has undertaken a coordinated effort to implement an integrated strategy aimed at encouraging Mexican migrant workers to remain in Mexico. This strategy will consider a series of measures consisting of public investment programs in impoverished regions with high emigration levels, as well as federal employment programs in rural areas, and educational, housing and health-care programs.

9. Both delegations reported on their respective policies for protection of their nationals. The Mexican delegation emphasized President Zedillo's Government commitment to strengthen the defense of human and civil rights of Mexican migrants. In order to accomplish this commitment, the Mexican government will reinforce its consulates in the United States. The Mexican delegation expressed its concern about the negative image of the migration phenomenon among a sector of U.S. society, which believes that there is a correlation between the increase of criminality and undocumented migration, disregarding the contribution of Mexican migrants to U.S. economic and cultural development.

10. Both delegations exchanged information regarding the policies and methods that each government pursues with respect to migrants from third countries. In this respect, both parties reiterated their commitment to strict enforcement of their migration laws, with due respect for human rights. The Mexican delegation confirmed that a Special Surveillance Unit for the southern border will be created to ensure the adequate enforcement of its migration laws with due respect for the human rights of undocumented migrants from other countries.

III. Cooperation:

1. Combating all forms of crime and violence along the border.

The Mexican and U.S. delegations agreed, with full respect for national sovereignty, territorial jurisdiction, and internal laws of each country:

a. To exchange information systematically regarding criminal organizations trafficking in human beings operating on both sides of the border, and to seek additional cooperation and exchanges with other interested governments in addressing this problem.

b. To combat the falsification of each country's official documents, within their respective territories, and to establish the law enforcement binational mechanisms necessary to address these problems.

c. To take immediate action to ensure the safe operation of border bridges and crossings through the deployment of sufficient personnel and equipment, with special attention to the San Diego/Tijuana, Nogales/Nogales, El Paso/Ciudad Juárez, and Laredo/Nuevo Laredo areas.

d. To expand the scope of the two countries' law enforcement efforts directed against crime and violence along the border.

e. To eliminate safety and related environmental problems by taking immediate action to close the remaining access to the Nogales tunnel.

f. To exchange information on the above actions on a monthly basis.

2. Mechanisms to prevent incidents along the border.

The delegations agreed:

a. To strengthen and expand to other border cities, the recently established Border Liaison Mechanism for dealing with and preventing border incidents.

b. To promote timely and prior consultations concerning migratory actions that might affect the other nation.

3. Documented migration and crossings.

The two delegations agreed:

a. That it is important to facilitate documented migration through mechanisms such as U.S. Border Crossing Cards issued to Mexican border residents. In this regard, the U.S. reported on a new Border Crossing Card regulation to be published this Spring which standardizes documentary requirements and allows for issuance of a temporary Border Crossing Card for applicants who are prima facie eligible. The U.S. also described a comprehensive BCC reengineering effort which it began in December, 1994. This effort will streamline the issuance process, increase productivity and reexamine some of the criteria for the card, such as the applicability of the 25 mile travel restriction in certain locations.

b. In the spirit of NAFTA, to explore ways to facilitate cross border movements to encourage commercial and economic activities along both sides of the border, and to improve and expand entry facilities for vehicles and individuals.

c. To exchange information of the above action on a monthly basis.

4. Undocumented migration.

Both delegations agreed:

a. To exchange information on the status of Proposition 187 and on legal action under consideration by either government.

b. To strengthen local agreements for the safe and orderly repatriation of undocumented Mexican nationals to the border. These local agreements shall include provisions concerning: a) the nationality and identity of returnees providing a formal list wherever it is required; b) the time and place of return; c) the presence of Mexican migration officials at transfer; and, d) additional issues of local concern.

c. To discuss criteria, procedures and legal conditions consistent with international practices for the safe and orderly repatriation of undocumented Mexican migrants to ports of entry within Mexico, without intermediate stops, and with full respect for their human rights.

d. To exchange information on the above actions on a monthly basis.

5. Cooperation actions.

The two delegations agreed:

a. To continue to hold regular meetings of the Working Group on Migration and Consular Affairs.

b. To improve the mutual understanding of all aspects of the migratory phenomenon, particularly by preparing a jointly agreed Binational Study that will provide a commonly accepted analysis of statistical data and a conceptual framework for addressing, in a comprehensive manner, the complexity of the immigration issue. Both parties agreed on the importance of a timely implementation of the Study. The initial meeting of experts will be held March 24th, in Tucson, Arizona, to discuss methodology and working procedures.

c. To support the efforts of the Citizens Advisory Panel in reviewing procedures for handling complaints of abuse by immigration personnel. The Mexican delegation expressed its satisfaction with the implementation of the Panel, and expressed its appreciation for the invitation extended by the United States Government to include a representative of the Mexican government.

d. To expand cooperation in mutual training activities and technology sharing, including: familiarizing U.S Immigration Officers and Border Patrol agents with Mexican Culture and History and protection afforded by Mexican consulates to their nationals in the United States; and, providing INS training for Mexican law enforcement and INM personnel.

e. To work together to structure a Regional Conference on Migration in 1995 designed to increase cooperation among all countries in the region on this matter.

Finally, both delegations expressed their gratitude to the government of the State of Zacatecas, whose hospitality contributed to the meeting's friendly and constructive environment.

Zacatecas, Zac. February 14, 1995.