Mexican Government Announces Temporary Amnesty Program for Illegal Immigrants El Jefazo - The Fulano Forum
go to original January 19, 2015

On January 12, 2015, Mexico published a temporary amnesty program for illegal immigrants in the Diario Oficial de la Federación. The program will provide a 4-year temporary residency for those individuals who were in the country illegally before November 9, 2012.

Fulano's careful reading of the program in the original Spanish indicates that very few Americans would qualify for this program, as the applicant must have entered Mexico before November 9, 2012 AND who is living illegally in Mexico on January 13, 2015. An American, or Canadian, who regularly goes back and forth across the border to shop, see the doctor or get mail, would reset the entry date to the last time he reentered Mexico. So, as written, this program would only apply to anyone who has lived in Mexico continuously since before November 9, 2012 and never left, not even for an hour.

The temporary amnesty program does not specify any income or asset levels to get the temporary residency, although there is a long list of items and declarations that one would have to produce to prove one has been in the country since before November 9, 2012. Once the application is made, Mexican Immigration has only 10 days to make a decision. If granted, the applicant will also get the right to work in Mexico.

The program calls for some fees for the application procedures, but does not specify the amount. It prevents applicants from being arrested or deported during the application process. The program only provides a one-time four-year temporary residency, with no specific track towards permanent residency or citizenship when the four years are up.

Here is Fulano's translation of the first two Articles:

TEMPORARY PROGRAM FOR IMMIGRATION ADJUSTMENT

Objective

Article 1. - The objective of the Program is to establish the assumptions, requirements and procedures temporarily applicable for the National Immigration Institute to regularize the immigration status of foreigners who are in the country and express their interest to reside temporarily therein.

Assumptions

Article 2. - This program applies to a foreign person who entered Mexico before November 9, 2012 and who at January 13, 2015 is residing in the country in an irregular (illegal) migratory situation.

The preceding applies provided the foreign person is not subject to any of the following:

I. Have an immigration procedure pending, except that directly arising from such proceedings to comply with this Program;

II. Is subject to a process of assisted return or deportation;

III. Has provided false information or presented before the National Immigration Institute official documentation, false or or genuine, but that was obtained fraudulently;

IV. Have been deported and have a current entrance restriction;

V. Be subject to criminal prosecution or convicted of a felony under the national criminal laws or the provisions of international treaties and conventions to which Mexican is a party;

VI. May compromise national security or public safety based upon history in Mexico or abroad;

VII. Be subject to express prohibitions issued by competent authority;

VIII. Have failed to comply with an order to depart issued within the Program period;

IX. Have committed an irregular immigration status after January 13, 2015, and

Any other portions of Immigration Law, its Regulations and other legal provisions applicable.

In the case of V and VI of this Article, the immigration authorities will assess the meaning of the relevant decision, addressing the principles of social rehabilitation as well as those relating to family reunification.

See the original at The Fulano Forum

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