XIV BINATIONAL COMMISSION

CONCLUSIONS OF THE WORKING GROUP ON
MIGRATION AND CONSULAR AFFAIRS

May 5, 1997

The Working Group on Migration and Consular Affairs continued its useful and constructive dialogue on a range of issues, including:

The Mexican delegation reiterated its deep concern over the impact on Mexican nationals of recently enacted U.S. welfare reform and immigration legislation. These concerns had been addressed by Secretary Gurria in his letter of February 19 to INS Commissioner Meissner, as well as through other means. The Mexican delegation expressed its appreciation for Commissioner Meissner's response to Secretary Gurria's letter, and for the invitation by the U.S. government to comment on the implementation of the immigration law and the regulations on certain provisions to be published in the near future. Both delegations agreed to continue their consultations on this issue. The Mexican delegation also provided comprehensive information about recent changes to Mexico's migratory laws.

Following a broad range exchange of information, the U.S. delegation assured its Mexican counterparts that the new legislation will be implemented fairly and in a manner which is fully consistent with our bilateral obligations concerning consular affairs and related matters, and which recognizes the dignity and human rights of all Mexican migrants, the interests of family reunification and the special needs of women and children.

The U.S. delegation took this occasion to brief its Mexican counterparts on the broad outlines of the agreement negotiated last week between the Executive and Legislative Branches concerning a balanced U.S. budget. This agreement, which must now be enacted into law, will restore eligibility for certain federal benefits to certain legal immigrants who are already in the United States. If approved, this measure will benefit a significant number of Mexican legal permanent residents. The two delegations expressed their satisfaction with this important development.

The two delegations affirmed their commitment to the principles and objectives expressed through the Memorandum of Understanding on Consular Protection which was signed at the 1996 Binational Commission meeting in Mexico City. Each delegation recognized that this bilateral instrument helps to ensure the physical safety, dignity and security of its nationals while visiting or living in the territory of the other nation. Both delegations agreed to hold regional meetings in the Fall of 1997 to review the Memorandum with particular regard to the implementation of the new immigration law, and to strengthen the Consultation Mechanisms on Immigration and Naturalization Service Activities and Consular Protection.

The two delegations expressed satisfaction for the progress being accomplished on the Binational Study on Migration. They expect the Study to contribute to a comprehensive understanding of the migratory phenomenon, especially in terms of its historic, economic, social and cultural roots. The two delegations look forward to receiving the final report of the Study in the near future, and agreed to hold a special meeting of the Working Group in the Summer of 1997 to discuss and evaluate its findings.

The delegations reviewed efforts being taken to foster the orderly flow of people across both sides of the border and to combat migrant trafficking. They affirmed their commitment to implement ways to reduce violence along the border and protect victims of traffickers, to combat forging of documents, and to develop effective mechanisms of information and exchange. The Mexican delegation informed its U.S. counterparts of its decision to establish, during the third quarter of 1997, a new Mexicali Beta Group for the Protection of Migrants. The U.S. side expressed its appreciation for this announcement. Both delegations stressed the positive results of these specially trained groups to reduce violence, protect migrants from the dangers of criminals and traffickers, and combat with this purpose criminality in the border region.

The U.S. side announced its commitment to develop in cooperation with Mexico improved procedures for safe and orderly repatriation. With that aim, the delegations agreed to establish a sub-group of the Working Group. The U.S. delegation took this opportunity to brief its Mexican counterparts on their plans to issue a new Border Crossing Card. The U.S. side proposed to the Mexican delegation an initiative to work together to consider what opportunities may exist to extend reciprocally the duration of certain visa categories.

The Mexican and U.S. delegations expressed satisfaction with the outcome of the recent Regional Conference on Migration held in Panama. Both delegations endorsed the Plan of Action adopted at the meeting, and pledged to work together to further cooperation on migrant trafficking, to develop a better understanding about the linkage between development and migration, and to explore new ways to protect effectively the human rights of migrants.

Both delegations took this opportunity to review progress made in the past year on managing the complex issue of migration. They agreed to further their dialogue regarding all aspects of the migration phenomenon, their immigration policies, consular protection matters and, specifically, human rights of migrants, through the Working Group, the Consultation Mechanisms on INS Activities and Consular Protection, the Border Liaison Mechanisms, and other relevant bilateral contacts and fora.