Background: Since 1995, the Working Group on Migration and Consular Affairs has endeavored to improve the U.S.-Mexico bilateral relationship in the areas of migration, consular services, border safety, and security. Although this meeting of the Working Group on Migration and Consular Affairs occurs under very different conditions than in years before, the commitment to resolving differences that affect citizens of our two countries through an open and honest dialogue remains. Migration continues to be a key bilateral issue, although the events of September 11, 2001 made the working group include joint cooperation on border security within each countries’ own territories and bilaterally.
On this occasion, the Working Group had an intense dialogue covering several issues agreed to in the attached agenda as the basis for a productive and mutually beneficial outcome. Both delegations reaffirmed the principle of shared responsibility that has prevailed in its work. The main items discussed are as follows:
Migration: Presidents Bush and Fox have also reiterated the importance of the migration issue and have expressed their determination to continue talks with the objective of achieving a legal, secure, and orderly migration of Mexicans to the U.S.
In April 2001 the Secretary of State and Attorney General of the United States and the Secretaries of Foreign Relations and Interior of Mexico, Principals of the High Level Working Group, established the bilateral agenda on migration. They directed a technical working group to begin discussions on each of the five elements that comprise the mutually agreed upon agenda.
Throughout the twenty meetings held since in Washington, Mexico City and Monterrey, the technical working group has developed a comprehensive and unprecedented dialogue on border safety, regularization and a temporary worker program, economic development and migration, and the H2 regime. As the first result from this dialogue the governments of the United States and Mexico adopted on June 22, 2001 the Plan of Action for Cooperation on Border Safety, to increase immediately the existing efforts to ensure safety at our common border.
In November 2001, during the first meeting of the technical working group after the September 11 events, security was added as a component of the migration agenda. The U.S.-Mexico Border Partnership reflects the priority both governments place on security and migration issues.
Border Safety: On June 2001 the governments of Mexico and the United States adopted a Plan of Action for Cooperation on Border Safety. Under this plan, the U.S. and Mexico have accelerated their border safety collaboration to safeguard migrants by placing additional resources in high-risk zones. U.S. and Mexican authorities have developed coordinated efforts to prevent migrant deaths along the common border and enhance rescue operations, focusing their actions on the most dangerous regions of migrant flows at the Arizona-Sonora desert and the All American Canal in El Centro, California. The Working Group reaffirmed its mutual commitment to devote all resources and means necessary to achieve their common goal of eliminating these tragic deaths.
The Working Group acknowledged the concerns of the Mexican Delegation about the reported activities by private citizens in Arizona to conduct immigration enforcement actions and recruit other civilians for this purpose.
The Working Group recognized the marked progress achieved in our mutual goal of combating migrant smuggling and trafficking, most notably with the establishment of the Alien Smuggling and Trafficking Task Force that brings together Mexican and U.S. government agencies to combat international smuggling organizations and local organizations operating in the United States and Mexico. Joint training on investigation and document analysis has enhanced the U.S. Immigration and Naturalization Service and the Instituto Nacional de Migración’s abilities to detect fraudulent documents and disrupt smuggling rings. The United States and Mexico look forward to continued similar cooperation in enforcing the laws of both countries.
Border Security: With the signing of the U.S.-Mexico Border Partnership on March 22, the two governments affirmed their commitment and cooperation to safe and orderly borders by endorsing a series of specific actions intended to improve our common security, economic, and tourism interests in the years to come. These measures comprise important steps in the creation of a smart border for the 21st century – one that embraces technology and enhanced bilateral cooperation to ensure the secure flow of people and goods and a protected infrastructure.
In this regard, Mexico and the U.S. have worked closely to reach a balanced approach between the need to strengthen security and the efficient entry processing of legitimate border-crossers. The Working Group noted that authorities in both countries have undertaken important steps toward securing the flow of people as mandated in items 8 to 15 of the U.S.-Mexico Border Partnership. They have discussed concrete actions to improve pedestrian and vehicular travel at congested Ports-of-Entry (POE) to facilitate the legitimate flow of people while enhancing border security and promoting the economic and social development of border communities, and are advancing substantially on an agreement to synchronize Port-of-Entry hours of operation.
The Working Group also agreed that longer-term goals include technological development and investment such as expanding the use of automated pre-cleared traveler programs like the Secure Electronic Network for Traveler’s Rapid Inspection (SENTRI), establishing a prototype Smart POE, and a business traveler program that uses technology and enrolls pre-screened, low-risk frequent air travelers.
Mexican and U.S. authorities have made progress in coordinating efforts to prevent admissions of criminals and people from third countries who pose a national security threat. The Working Group noted the ongoing efforts by both governments to share and properly use relevant information through an electronic system.
Consular Issues: The U.S. delegation reported the completion of the Border Crossing Card (BCC) Replacement Program on September 30, 2002. To date nearly 6 million laser biometric travel documents (Border Crossing Cards) have been issued to Mexican border-crossers. Also, the U.S. delegation assured Mexico that Mexican border commuter students will be processed in a timely fashion under the recently enacted legislation creating the F-3 and M-3 visa categories, and explained the reasons for the visa process fee increase.
Recognizing the importance of preventing parental abductions and the prompt return of abducted children, the Working Group agreed to work together to ensure passage of implementing legislation for The Hague Convention on the Civil Aspects of the International Abduction of Minors, and to promote judicial training aimed at improving compliance with the Convention.
Aware of the extensive exchange of viewpoints between authorities of both countries regarding consular notification and access, the Working Group noted that legal experts from both governments will be meeting to discuss compliance with Article 36 of the Vienna Convention on Consular Relations, including in cases involving crimes punishable by death.
Update on LIFE Act Implementation: The U.S. delegation presented a comprehensive update on implementation of the Legal Immigration and Family Equity (LIFE) Act since becoming law on December 21, 2000. Since the sunset of the LIFE legalization provisions is June 3, 2003, the Working Group agreed that the nationwide outreach campaign that INS plans to begin in December should be a joint effort with Mexican consulates in the United States.
Initiative to Assist Immigrant Workers: The Mexican delegation expressed its concern on the potential for abuse and misinterpretation from U.S. Supreme Court’s decision in Hoffman Plastics v. National Labor Relations Board, and expressed it appreciation for the efforts by the U.S. Secretary of Labor to publicly explain and put into context the scope of this decision. The Working Group noted the Department of Labor’s efforts to assist immigrant workers in the areas of workplace health and safety, enforcement of wage and hour laws, pension and retirement information.
CONCLUSION
The Working Group reaffirmed the importance of ensuring that the migration dialogue continues based on the principles of cooperation and shared responsibility, to contribute to the well-being of both nations.