Article 37 of the Mexican Constitution expressly states 5 grounds for deprivation of Mexican citizenship for naturalized citizens. This is not about punishment in the criminal sense. This is the termination of status if a person ceases to meet the standards on which he was granted this citizenship.
1. Voluntary acquisition of another citizenship after naturalization.
The Constitution proceeds from the fact that the acquisition of citizenship — it is an act of full legal integration into the Mexican state. Consequently, if a person, having already become a Mexican, decides to acquire another citizenship, it is considered that he has voluntarily established a political and legal connection with another state. Important: there is no prohibition on having a previous citizenship acquired before naturalization; in other words, Mexico recognizes multiple citizenship. It is forbidden to issue a new oneafterMexican. The Citizenship Law further clarifies that even legal actions aimed at obtaining foreign citizenship may be considered as evidence of such acquisition. We find it difficult to imagine how the Mexican Ministry of Foreign Affairs has the right to find out about the acquisition of the next citizenship, except after receiving any request from the country of such citizenship.
2. Presenting yourself as a foreigner in public documents.
If a naturalized citizen in official acts — at a notary, in applications, before government authorities in Mexican territory — indicates oneself as a foreigner, this is interpreted as a refusal of Mexican status in practice. The law considers such behavior as a legal fact incompatible with already obtained naturalization.
3. Use of a foreign passport.
We are talking primarily about situations where a person, after naturalization, continues to use a foreign passport in Mexico, especially to enter and exit the country. From the point of view of the state, this means that he prefers to be under the protection of another state. In practice, such cases often result in administrative fines, but formally this is a constitutional basis for loss of citizenship.
4. Acceptance or use of titles of nobility that imply citizenship of a foreign state.
The norm looks archaic, but it is preserved as a constitutional principle: a Mexican citizen has no right to be in a relationship of political dependence on another power. Today this basis is almost never used, but legally continues to exist.
5. Residence abroad for a period of 5 consecutive years.
The legislator connects naturalization with the real connection of a person with the country. If a naturalized citizen actually leaves Mexico for a long continuous period, the state assumes that integration has not taken place or has been lost. Continuity of residence abroad is of key importance — literally «live abroad for five continuous years».
Verifying absence from Mexico for 5 years is very simple. The Migration Service is able to do this upon entry into Mexico, and the diplomatic mission — when applying for any procedure, and then inform the Ministry of Foreign Affairs. But until the citizen has contacted any Mexican government agency, there will be no checks.
The only confirmation of the interruption of absence from Mexico is the entry in the migration database about crossing the border. It is possible to come to Mexico even for 1 day.
The following are not considered proof of entry:
- registration at the Mexican consulate, say, for permanent residence in another country,
- contacting the consulate to carry out any procedure, say, issuing a new passport,
- connections with Mexico, in particular, the presence of real estate or a bank account,
- paying taxes in Mexico.
Unlike Mexican citizens by birth, who, according to the Constitution, it is almost impossible to deprive of citizenship, naturalized persons are in a different legal position. The state checks not only the formal fact of acquiring a letter of naturalization, but also the subsequent behavior of the person.
It is significant in addition that Article 28 of the Mexican Nationality Law imposes on public authorities and notaries the obligation to inform the authorities of identified facts that could lead to the loss of citizenship. At the same time, no special liability for failure to report has been established, therefore the mechanism largely depends on the desire of the government agency to “report where necessary.” Although notaries in Mexico are required to check the migration status of a foreigner during notarial acts, we doubt that they will report anywhere.
Loss of citizenship is always individual: it does not apply to spouses, children or other family members.
The procedure for deprivation of citizenship is administrative and is carried out through the Ministry of Foreign Affairs (SRE) with the mandatory participation of other government bodies.
The Mexican citizenship revocation scheme for naturalized citizens is as follows.
The basis may be information from authorities, notaries, or the Ministry of Foreign Affairs’ own inspection. Initiator — General Directorate for Legal Affairs of the Ministry of Foreign Affairs. The person is officially notified of the start of the stages and is given 15 working days to provide explanations and evidence. This is an exercise of the constitutional right to a hearing. Then the opinion of the Ministry of Internal Affairs or other government agencies is requested, which you should evaluate the circumstances of the case within a period of 45 days. After receiving the conclusion of the Ministry of Internal Affairs and analyzing the materials, an administrative decision is made within 60 days — recognize the loss of citizenship or refuse it.
If the loss is recognized, the naturalization certificate is canceled and the person, from a legal point of view, becomes a foreign citizen again. It is the letter of naturalization, and not the passport, that is the main document confirming Mexican citizenship by naturalization.
After this, the (already) foreign citizen is obliged to regulate his migration status through the National Institute of Migration (INM). If you have real estate in Mexico, it must be alienated within the time limits established by law:
- in «restricted area» (border and coastal areas) — up to 2 years,
- outside the «restricted area» — up to 6 months.
If the property is not alienated within the established time frame, it may be repossessed. Disposition means sale or transfer to trust, if applicable.
If the grounds for deprivation of citizenship are not confirmed, citizenship is retained, but an official warning is issued to refrain from repeated similar actions «under the threat of deprivation of Mexican citizenship as a result of such actions».
The decision to revoke Mexican citizenship is not considered final and is subject to appeal. Three main mechanisms are used:
- Constitutional proceedings for amparo — ensures that the decision is challenged as violating constitutional rights and obtains approval of interim measures.
- Proceedings in the Federal Court of Administrative Justice — aimed at recognizing the administrative act as invalid.
- Administrative review in the executive branch system itself — an attempt to have the decision overturned before the trial stage.
An appeal is possible within 15 to 30 working days, depending on the selected stages. The countdown of the period begins not from the date of publication of the resolution on deprivation of citizenship, but from the date of proper notification of the citizen.
In practical terms, cases of deprivation of Mexican citizenship are rare. At the same time, the option of deprivation of citizenship itself remains an important element of the Mexican naturalization model. Mexico views the granting of citizenship not as a one-time act, but as an ongoing legal relationship requiring the naturalized person to maintain a de facto and legal connection to the country.