U.S.- Mexico Binational Commission Working Group on Migration and Consular Affairs
Released by the Bureau of Western Hemisphere Affairs BACKGROUND Migration: The Working Group on Migration and Consular Affairs welcomed Secretary Tom Ridge and the Department of Homeland Security whose participation will provide not only the opportunity to resolve security concerns, but also to continue the discussion on the migration bilateral agenda as well as immigration services and border safety. The Working Group also availed itself of the opportunity to reaffirm its commitment to improving the Mexico - U.S. bilateral relationship in the areas of its domain as well as to continue our tradition of frank, frequent, and open exchanges. This year has been no different with migration meetings occurring within various bilateral and multilateral forums. Both delegations reiterated the importance of security and the advances reached on this issue. The United States and Mexico remain committed to advancing migration issues with an integral vision and a gradual approach through use of a variety of alternatives. The U. S. delegation informed the Working Group that it continues in its efforts to reform and improve the current immigration system through regulatory changes. The Group will continue its dialogue to exchange ideas to reach those goals. Developments between Mexico and the Department of Homeland Security: The Working Group expressed its desire for a strong relationship among Mexico's Secretariat of Foreign Relations and its Secretariat of Governance and the U.S. Department of Homeland Security. The Working Group learned that the foundation for a strong relationship is already in place as the various entities have cooperated on issues including, but not limited to: border safety, repatriation, community outreach, and security. For those purposes the Working Group recognized the importance of the institutional mechanisms of bilateral cooperation such as the Border Liaison Mechanisms (BLMs) and the Interior Consultations Mechanisms (ICMs). Renegotiation of MOUs: A technical group has moved forward in the compilation of an inventory of the agreements and commitments on bilateral cooperation that Mexican authorities signed with the former Immigration and Naturalization Service. Repatriations: In the area of repatriations, the two countries are working through the aforementioned technical group towards a comprehensive evaluation of the various processes through which Mexicans are repatriated with the view to update and revise the multiple Memoranda of Understanding that were agreed with the former U.S. Immigration and Naturalization Service. This evaluation of repatriations is guided by the following principles: comprehensive, bilateral, orderly, humane, and safe. The Working Group instructed that the technical group continue its work to reach an integral bilateral agreement on repatriation of Mexicans under the principles already set by the two countries such as respect for human rights, complying with the consular notification requirements and access to consular assistance, the preservation of the family unity, special attention to vulnerable persons like unaccompanied minors, pregnant women, and ill people, with a bilateral approach to continued and coordinated actions between the Mexican and U.S. authorities to achieve safe, orderly and dignified repatriation proceedings. Border Safety: The Working Group discussed common and independent actions to improve safety along our border with a special focus on preventing tragic deaths occurring in the Sonora/Arizona desert. The commitment to a safe and orderly border has been demonstrated in the Department of Homeland Security's willingness to respond quickly and effectively to combat those smugglers and traffickers who endanger the lives of Mexicans by exposing them to the most treacherous terrains and harshest climates. Mexico has also strengthened its operations to combat smugglers and traffickers of people achieving substantial results. Its efforts to warn migrants of the dangers inherent in such crossings were noted as beneficial by the Working Group. The Group recognized the usefulness of the Mexico - U.S. Plan of Action for Border Cooperation on Border Safety adopted in June 22, 2001 as the framework to continue working on these efforts. Update on LIFE Act Implementation: The LIFE Act became law on December 21, 2000, and provides for the adjustment of status of certain eligible individuals. It also allows certain spouses and minor unmarried children of Legal Permanent Residents to apply for a nonimmigrant V visa and immediately join family in the U.S. K3 and K4 visas provide a similar benefit for fiancé (e) s of American citizens and their children. The United States received for adjudication applications from over 55,000 applicants for legalization. Additionally, the United States received more than 175,000 applications for employment authorization under the V nonimmigrant classification. Currently 127, 265 applicants have received V visas since the program began. 73,719 (57.92 %) of these were Mexican citizens. The Working Group agreed to continue to inform and encourage Mexican Nationals to access those migratory benefits in the current law. Assistance to Immigrant Workers: The Working Group was apprised of the actions that the U.S. Department of Labor has undertaken jointly with Mexico's Secretariat of Labor and Social Welfare, and Mexico's Secretariat of Foreign Relations and its Consulates in the United States. These initiatives include collaborative efforts in the areas of migrant workers, workforce development, and occupational safety and health. For example, the U.S. Department of Labor, local governments, and community organizations, in collaboration with Mexican Consulates in the United States, launched the "Justice and Equality in the Workplace Program" of Dallas. Such local partnerships serve to inform migrant workers about their rights and responsibilities, as well as provide avenues for non-English speakers to report violations of labor laws enforced by the U.S. Department of Labor's Occupational Safety and Health Administration, Wage and Hour Division, and Office of Federal Contract Compliance. The success of these initiatives bodes well for continued mutually beneficial cooperation on labor policies and programs in Mexico and the United States. Consular Affairs: Non-Immigrant Visas and Parole Concerns: The Working Group took note that the numerical limits, petition and other requirements on NAFTA visas will be eliminated as called for by the treaty on January 1, 2004, resulting in streamlined movement of Mexican professionals traveling between the two countries. The Working Group was briefed by both delegations on the continuing need to carefully balance security and efficiency when contemplating policies that affect international travelers. The suspension of the U.S. Transit without Visa Program and the increased difficulties of obtaining parole into the United States were cited by the Mexican delegation as inconvenient to travelers. The Working Group will work to find solutions to those issues as well as to facilitate cultural and social exchanges. Children's Issues: The United States and Mexico agreed to enhanced cooperation in resolving issues with implementation of The Hague Abduction Convention. Areas of ongoing cooperation include the promotion of judicial training; regular meetings on specific cases; and use of visitors' programs which allow key officials and judges to focus on implementation of the Convention. FUTURE PLAN OF ACTION
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