On May 6, 1997, President Ernesto Zedillo and President William Clinton signed a Joint Statement on Migration that recognized the migration issue as one of the highest priorities in the bilateral relationship. The Statement expressed the principles of bilateral cooperation on migration and called on their respective governments to search for new approaches to improve conditions for migrants and border communities. In a subsequent exchange of letters, they expressed a will to extend cooperation beyond border activities and to explore a longer-term framework for managing migration.
During the last year, the two governments sought to turn these shared commitments into specific accomplishments. Numerous meetings brought Mexican and U.S. officials together to discuss, plan, and build new activities to achieve an improved border situation and to advance the management of the migration issues. Respectful dialogue led to productive cooperation which, in turn, produced concrete results that advanced the bilateral agenda. Still, each government recognized areas in which perspectives diverged and agreed to continue to work together to understand and resolve these differences.
Cooperation to Protect Individual Rights and Safety
In recognition of each country's emphasis on the protection of individual rights, the two governments reached agreement to use the example of the border liaison mechanisms to extend existing consultative mechanisms for liaison between the U.S. immigration services and Mexican Consular officials in the interior of the United States, where many Mexican nationals now work and reside. The commitment to strengthen mechanisms and fora of consultation and cooperation among migration and consular authorities led to three regional meetings among Mexican and U.S. officials. These meetings generated greater awareness of international legal obligations under the Vienna Convention on Consular Relations and bilateral obligations under the Mexico-United States Convention on Consular Relations with respect to consular notification and access.
During the last year, District Directors and Chief Patrol Agents of the Immigration and Naturalization Service (INS) met several times with Mexican Consuls General and Consuls in the United States to solve local problems involving consular protection, access to detention facilities, safe and orderly removals, and complaints about the conduct of Mexican and U.S. officials. The attached Memorandum of Understanding on Consultation Mechanisms of the INS Functions and Consular Protection proposes to institutionalize the Interior Consultation Mechanisms as a standing forum for communication between U.S. immigration authorities and Mexican Consuls in the United States.
Border Crossing Issues
The Joint Presidential Statement highlighted the significance of the border as a special region in bilateral relations and the need to improve conditions for local residents and migrants passing through the area. In the last year, the two governments maintained an active and extensive agenda of activities related to improving the conditions for migration across the border.
Specifically, the INS reached arrangements with Mexican Consuls and Delegates of the National Institute of Migration for the safe and orderly repatriations of Mexican migrants according to specific schedules and through ports of entry where Mexican immigration officials are present. These arrangements provide for special protection of children and women among those repatriated.
Combating traffickers of migrants is a special concern of both governments. During the last year, the Mexican government reformed its legislation to increase penalties against traffickers of migrants and took steps to combat more effectively the organized crime that encourages this illegal activity. Increased cooperation and exchange of information about these activities among Mexican and U.S. officials also led to disruption and prosecution of several crossborder criminal activities.
Progress was also made in the last year through cooperation between Mexican Consulates and the U.S. Border Patrol in exploring ways and means for transforming the border from a place of great risk to an area of increased safety for migrants. Several efforts were launched to reduce violence along the border and to protect innocent victims of traffickers from the risks of crossing through desert and mountainous areas. Mexican officials launched a sign-posting program along the border to warn potential migrants of the dangers of crossing at certain points. They also strengthened the presence of Migrant Protection Groups along the northern border, setting up a new group in Mexicali, Baja California, and enhancing equipment used by all groups operating in this area.
The cooperative efforts of Mexican Consulates and the U.S. Border Patrol in San Diego also established procedures for enhancing the public safety of migrants attempting to cross in this area. As a consequence of this close cooperation and dialogue, the two governments are now working to establish procedures and practices for ensuring public safety for migrants along the entire U.S.-Mexico border.
Officials from both governments also met on several occasions during the last year to discuss problems arising from the implementation of the 1996 U.S. immigration law. Through frank and open exchange of perspectives, the governments identified ways in which the new law could negatively influence the lives of Mexicans who reside in the United States and in border communities. For example, discussions focused on new border crossing documents and procedures that have a potential impact on U.S. and Mexico border communities and commerce. In the spirit of the Joint Presidential Statement, both governments continue to search for ways in which implementation of these new provisions of law may enhance the economic prosperity of the border region while strengthening the security of border crossing.
Comprehensive Approaches
The Joint Presidential Statement expressed a clear need to pursue a comprehensive understanding of the migration phenomenon. Both governments agreed to work together to disseminate the results of the Binational Study of Migration, which was completed last year. These plans include hosting seminars throughout the United States and Mexico.
During the last year, the two governments also agreed to expand and to fully institutionalize the scientific exchange of information and research within a bilateral framework. Through the Memorandum of Understanding attached to this Report, the two governments will establish a routine exchange of technical information and researchers between the Immigration and Naturalization Service and the Undersecretariat of Population and Migratory Services. The Agreement serves to encourage governmental and non-governmental research on new policies that will solve problems and grasp opportunities related to migration between the two nations.
Future Effort
Migration and border issues remain our highest priority in the bilateral agenda between the United States and Mexico. Both governments are committed to the benefits of sustained cooperation and believe that progress in improving the conditions of migration and border affairs has resulted from this approach.
In the spirit of the Joint Presidential Statement, and continuing with the results achieved in the last year, the two governments commit to intensifying cooperative activities on migration and consular matters along the border and in the interior of each country. They also seek to identify ways to expand the policy frameworks and practical approaches that may be used in the future to manage migration issues between the two countries.