16th MEXICO-UNITED STATES BINATIONAL COMMISSION
Mexico City - June 4, 1999

REPORT OF CONCLUSIONS
WORKING GROUP ON MIGRATION AND CONSULAR AFFAIRS

 

The Working Group on Migration and Consular Affairs conducted an assessment of the progress made since its meeting held in Zacatecas, Mexico on February 14, 1995. The delegations concurred that the agreements reached since then, together with the frank and action-oriented dialogue, and the frequent contacts between immigration and consular authorities from both countries, within the framework of this Working Group and in many other occasions, are unprecedented in US-Mexico bilateral relations. This has allowed both governments to reach a high degree of mutual understanding on the complexity, sensitivity and importance of migration for Mexico and the United States. The delegations recognized that progress has taken place on issues of concern and sources of historic tension for both countries: law enforcement and the protection of the human rights of migrants.

Considering the recent conversation between Presidents Zedillo and Clinton on the occasion of the Mexican President's visit to California, the Working Group recalled the commitments agreed upon by both Presidents in their Joint Statement on Migration, signed in Mexico City on May 6, 1997. Specifically, they referred to the presidential commitment to ensure the proper and respectful management of the complex phenomenon of migration, taking into consideration its diverse causes and economic and social consequences in both countries. To that end, the delegations agreed on the need to expand their agenda to include all aspects that impact the migration phenomenon between both countries, giving special attention to those related to the connection between migration and development.

Based on the above and assuming the presidential mandate contained in the 1997 Statement to "ÉAchieve a comprehensive approach on the migration phenomenon between the two countries through scientific and cooperative studies that contribute to a bilateral understanding of this issue," the delegations received the report prepared by a group of officials and scholars from both countries who met in Mexico City on June 1st and 2nd, with the purpose of complying with the Memorandum of Understanding between the Mexican National Population Council (Consejo Nacional de Población) and the Immigration and Naturalization Service, signed in Washington, D.C. in June 11, 1998. To that end, both delegations approved the recommendations presented and agreed to hold two seminars on specific aspects of migration: remittances, labor markets and social consequences of migration. They also agreed that these seminars will assist in extending the bilateral agenda. The delegations agreed to hold an extraordinary meeting of the Working Group to review the results of these seminars.

Regarding the incidents of violence against Mexican nationals along our common border, and in compliance with the terms of the Memorandum of Understanding on Cooperation against Border Violence, signed on the occasion of the working visit by President Clinton to Mérida on February 14, 1999, the delegations:

 

1. Presented the names of the high-level officials who will serve as supervisors and single points of contact for the investigations of violent incidents along the Mexico-U.S. border.

2. Accepted the model of cooperation among Mexican Consuls and U.S. Attorneys located at the border region as a starting point for developing a mechanism to facilitate transborder communication and cooperation of investigations of incidents involving the use of excessive and deadly force.

3. Agreed that the first publication of the joint report on incidents and actions undertaken in each case will take place in December 1999.

 

Both delegations expressed their deep concern for the accidental deaths of migrants at the border and reiterated their political will and commitment to implement effective actions directed at eradicating this problem. Therefore, it was agreed to convene the first meeting of the Ad Hoc Working Group under the auspices of the Border Safety Initiative, in San Diego on June 17, to exchange and compare statistics, analyze the causes of deaths, and propose actions to be undertaken by both governments to avoid further deaths.

In addition, the delegations assessed the progress achieved in complying with their bilateral commitments included in the Memorandum of Understanding on Interior Consultation Mechanisms on INS functions and Consular Protection, since its signing in Washington, D.C. on June 11, 1998. Special attention was granted to the issue of consular notification and access for detained migrants, and to the border arrangements established for the safe and orderly repatriation of Mexican nationals.

The delegations exchanged information with regard to the implementation of recently approved immigration laws and policies in Mexico and in the United States. The Mexican delegation informed the US delegation of the progress made thus far in the creation of the Federal Preventive Police, the new regulations of the Reglamento de la Ley General de Población, and the new Fee for Non-Immigrant Visitors entering Mexico. The U.S. delegation lauded the mutual efforts made by both governments to prevent accidental violations of Mexico's weapons' laws by US visitors, including Mexico's amendment of its law on the subject and our mutual efforts to publicize the penalties for violation of this law.

The United States delegation reported that it continues to consult with community stakeholders to improve the management and coordination of the transportation, detention, hearing, and removal of unauthorized migrants. This will be done with an eye to ensuring accessibility to immigration judges, consular officers and other legal representation. The United States delegation also explained that, to date, there has been no delegation of immigration authority to local law enforcement. Any such delegation of authority would be preceded by a pilot program with extensive training in immigration law and civil rights responsibilities for the law enforcement personnel involved.

Finally, both delegations agreed to review two bilateral agreements of concern to both countries: the US-Mexico Consular Convention of 1942 and the Convention on the Return of Stolen Vehicles and Aircraft of 1981 for any possible updates.