The Secretariat of Foreign Relations of the Mexican United States and Immigration and Naturalization Service (INS) of the United States of America, hereinafter referred to as “INS” and “SRE”.
CONSIDERING that on May 6, 1996, the United States and Mexico signed a Memorandum of Understanding on Consular Protection of their Nationals,
CONSIDERING that immigration laws of both countries should be implemented with full respect to the human and civil rights of migrants living in each country, regardless of their migratory status, and
RECOGNIZING that the Mexican consular network established in the United States, and the INS District Offices and Border Patrol Sectors should work under a spirit of mutual respect and cooperation, while implementing the law and providing consular protection,
Now, therefore, the INS and SRE propose to formalize and institutionalize the Consultation Mechanisms of INS Functions and Consular Protection, hereinafter referred to as “Interior Consultation Mechanisms.”
The Interior Consultation Mechanisms are intended to provide a forum to improve communication between INS managers and Mexican Consuls regarding Mexican migrants.
OBJECTIVE
The objective of the Interior Consultation Mechanisms is to respond to issues that arise at the local level, concerning the following:
provision of consular protection and access to Mexican migrants in INS custody,
respect for the human rights of migrants,
conduct of INS District officials and Patrol agents,
safe and orderly removal of migrants repatriated to Mexico under local border arrangements, and
attention to complaints relating to professional conduct by both Mexican and U.S. officials, including non-immigration authorities involved in these cases.
To achieve the objectives of the Interior Consultation Mechanisms, INS and SRE adopt the following principles and guidelines:
The Interior Consultation Mechanisms should be co-chaired by INS District Directors and Chief Patrol Agents, and Mexican Consuls General or Consuls.
Each Interior Consultation Mechanism may determine what other local entities, public and private, shall join and participate in the mechanism. The list of participants and jurisdiction of each Interior Consultation Mechanism is attached (Annex).
Meetings of the Interior Consultation Mechanisms may be organized, by mutual agreement, at the local and regional levels. Local consultation meetings should be held at least quarterly, and regional evaluation meetings should take place at least once a year.
Each Interior Consultation Mechanism should make all reasonable efforts to provide status reports of its quarterly meetings, as well as of their activities and progress at the annual regional meetings. These reports should be compiled and submitted to the INS Executive Associate Commissioner for Field Operations, the Assistant Secretary for Consular Affairs of the Department of State, and the Director General for Protection and Consular Affairs of the SRE.
It is INS’ policy and practice to inform all detained individuals that they have the right to choose to contact their consular representatives and receive visits from their consulate officers.
The INS proposes to use the Interior Consultation Mechanisms to ensure full compliance with the instructions pertaining to consular access contained in the Service’s Detention Standards and the Law Enforcement Manual. The INS proposes to issue a field memorandum to District Directors and Border Patrol Chiefs, that reaffirms the policy that detainees are to be informed that they have the right to request consular notification, and that when detainees do not object, consular access shall be facilitated by the INS.
Both governments will endeavor, consistent with the relevant laws of each country, to ensure that specific notification to consular representatives is given in cases involving the detention of minors, pregnant women and persons at risk.
The Interior Consultation Mechanisms are intended to provide a constructive fora to address individual complaints involving Mexican and U.S. nationals. Information relating to the actual complaint and to the disposition of the case should be shared within the local Interior Consultation Mechanism and provided to each signatory’s internal audit program. Any information pertaining to the identity of the INS officer or agent will be protected from public release or disclosure, unless otherwise agreed.
The Interior Consultation Mechanisms may also serve as fora to raise and resolve other problems of mutual concern.
Should an Internal Consultation Mechanism be unable to address a problem at the local level, the issue may be referred to the INS Regional Director and Executive Associate Commissioner for Field Operations, and to the Director General for Protection and Consular Affairs of the SRE, for review and resolution.
When appropriate, these officers should recommend solutions to their respective central authorities for policy considerations at the national level. These issues may also be referred for discussion to the U.S.-Mexico Binational Commission Working Group on Migration and Consular Affairs.
Done at Washington, D.C., in duplicate in the Spanish and English languages, both texts being equally authentic, this June 11th, 1998.
| SECRETARIAT OF FOREIGN RELATIONS | U.S. IMMIGRATION AND NATURALIZATION SERVICE | |
| Juan Rebolledo Gout Undersecretary for North America and Europe |
Doris Meissner Commissioner |
ANNEX
|
INTERIOR CONSULTATION MECHANISMS
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||
| GOVERNMENT OF MEXICO | GOVERNMENT OF THE UNITED STATES | |
| WESTERN REGION | ||
| Consulate, Seattle | INS District Office, Seattle, Washington INS District Office, Anchorage, Alaska Border Patrol Sector, Blaine, Washington Border Patrol Sector, Spokane, Washington |
|
| Consulate, Portland | INS District Office, Portland, Oregon | |
| Consulate General, San Francisco Consulate General, Sacramento Consulate, Fresno Consulate, San Jose |
INS District Office, San Francisco, California INS District Office, Honolulu, Hawaii |
|
| Consulate General, Los Angeles Consulate, San Bernardino Consular Agency, Oxnard Consular Agency, Santa Ana |
INS District Office, Los Angeles, California | |
| Consulate General, San Diego Consulate, Calexico |
INS District Office, San Diego, California Border Patrol Sector, El Centro, California Border Patrol Sector, Livermore, California Border Patrol Sector, San Diego, California |
|
| Consulate General, Phoenix Consulate, Nogales Consular Agency, Douglas Consular Agency, Tucson |
INS District Office, Phoenix, Arizona Border Patrol Sector, Tucson, Arizona Border Patrol Sector, Yuma, Arizona |
|
| GOVERNMENT OF MEXICO | GOVERNMENT OF THE UNITED STATES | |
| CENTRAL REGION | ||
| Consulate General, El Paso Consulate, Albuquerque Consulate, Midland |
INS District Office, El Paso, Texas Border Patrol Sector, El Paso, Texas Border Patrol Sector, Marfa, Texas |
|
| Consulate General, San Antonio Consulate General, Austin Consulate, Corpus Christi Consulate, Del Rio Consulate, Eagle Pass Consulate, Laredo |
INS District Office, San Antonio, Texas Border Patrol Sector, Del Rio, Texas Border Patrol Sector, Laredo, Texas |
|
| Consulate General, Houston | INS District Office, Houston, Texas | |
| Consulate General, Dallas | INS District Office, Dallas, Texas | |
| Consulate, Brownsville Consulate, McAllen |
INS District Office, Harlingen, Texas Border Patrol Sector, McAllen, Texas |
|
| Consulate General, Chicago | INS District Office, Chicago, Illinois INS District Office, Omaha, Nebraska INS District Office, St. Paul, Minnesota |
|
| Consulate General, Denver Consulate, Salt Lake City |
INS District Office, Denver, Colorado INS District Office, Helena, Montana Border Patrol Sector, Havre, Montana Border Patrol Sector, Grand Folks, N. Dakota |
|
| Consul, Saint Louis | INS District Office, Kansas City, Missouri | |
| GOVERNMENT OF MEXICO | GOVERNMENT OF THE UNITED STATES | |
| EASTERN REGION | ||
| Consulate General, Boston | INS District Office, Boston, Massachusetts INS District Office, Portland, Maine Border Patrol Sector, Houlton, Maine Border Patrol Sector, Swanton, Vermont |
|
| Consulate General, New York | INS District Office, New York, NY INS District Office, Buffalo, NY INS District Office, Newark, New Jersey Border Patrol Sector, Buffalo, NY |
|
| Consulate, Philadelphia | INS District Office, Philadelphia, Pennsylvania | |
| Consulate, Detroit | INS District Office, Detroit, Michigan INS District Office, Cleveland, Ohio Border Patrol Sector, Detroit, Michigan |
|
| Consular Section, Washington | INS District Office, Washington, DC INS District Office, Baltimore, Maryland |
|
| Consulate General, Atlanta | INS District Office, Atlanta, Georgia | |
| Consulate General, New Orleans | INS District Office, New Orleans, Louisiana Border Patrol Sector, New Orleans, Louisiana |
|
| Consulate General, Miami Consulate, Orlando |
INS District Office, Miami, Florida Border Patrol Sector, Miami, Florida |
|
Consulate, Seattle