Mexican Migration Law (free translation)
SECTION ONE. CHAPTER ONE. INTRODUCTORY PROVISIONS
Article 1.
The provisions of this Law are intended to ensure and generally respect public order throughout the territory of the Republic and are intended to regulate the entry and exit of Mexicans and aliens into the territory of the United Mexican States, including the transit and residence of aliens, taking into account the respect, protection and promotion of human rights, contribution to national development, and in addition to the preservation of national sovereignty and security.
Article 2.
The migration policy of the Mexican State is a set of strategic decisions to achieve certain goals, based on the general principles and other provisions contained in the Political Constitution of the United Mexican States, the international treaties and agreements to which the Mexican State is a party, and the provisions of this Law, regulations, various programs and specific measures for the integrated management of migration in Mexico, based on the country of origin, transit, destination and return of migrants.
The following are the principles on which the migration policy of the Mexican State should be based:
Unrestricted respect for the human rights of migrants, citizens and foreigners, regardless of their origin, nationality, gender, ethnicity, age and immigration status, with particular attention to vulnerable groups such as minors, women, indigenous peoples, adolescents and the elderly, and in addition victims of crime. An unsettled migration situation in itself can in no way be considered a crime, just as the commission of a crime by a migrant cannot be considered a fait accompli only because of an unsettled migration status.
The Mexican State guarantees the validity of the same rights it claims for its citizens abroad in admitting, entering, staying, transiting, deporting and facilitating the return of foreigners to its territory.
An integrated approach, taking into account the characteristics of international human migration, which takes into account the different manifestations of migration in Mexico, such as the country of origin, transit, destination and return of migrants, in addition to the structural causes and their immediate and future consequences.
Sharing responsibilities with other governments and, in addition, with national and foreign institutions responsible for migration issues.
Hospitality and international solidarity with people who need a new place of temporary or permanent residence due to extreme conditions in their country of origin that threaten their lives or existence, based on Mexican traditions, treaties and international law.
Promoting international mobility of people, maintaining order and security. This principle recognizes the contribution of migrants to the development of society in their country of origin and destination. At the same time, it seeks to strengthen the contribution of immigration authorities to public and border security, regional security and the fight against organized crime, especially in the fight against the smuggling or kidnapping of migrants, and beyond that against human trafficking in all its forms.
A common labor market with the powers of the region as the basis for adequate management of labor migration based on national needs.
Equality between citizens and aliens, as stated in the Political Constitution of the United Mexican States, especially in matters of full respect for individual guarantees for both citizens and aliens.
Recognition of acquired immigrant rights, where non-residents with roots or family, work or business connections in Mexico receive a set of rights and obligations as a result of their daily life in the country, even if they may have found themselves in an irregular migration situation due to administrative formalities, provided they comply with applicable laws.
Family unity and the protection of the interests of girls, boys and adolescents as a priority for the entry and stay of foreigners for temporary or permanent residence in Mexico, taking into account work needs and humanitarian reasons; Family unity is an essential factor for the formation of a healthy and productive social structure of foreign communities in the country.
Social and cultural integration between citizens and foreigners living in the country, based on diversity of cultures, freedom of choice and full respect for the culture and customs of the regions of their origin, provided that they do not contradict the laws of the country.
Promote the return to the national territory and social reintegration of Mexican emigrants and their families with the support of inter-institutional programs, strengthening ties between Mexican emigrant communities for the benefit of family, regional and national development.
The Executive Branch will determine the migration policy of the country, for which it must collect the standards and positions of all members of the Federation, the governments of the federal entities and organized civil society, taking into account Mexico's humanitarian traditions and unwavering commitment to human rights, development and the interests of national, public and border security.
Article 3.
For the purposes of this Act, an immigration authority means the following:
I. Immigration Authority: a government entity that exercises legal powers directly aimed at carrying out certain functions and actions of authority in immigration matters;
II. Readmission Agreement: permission, at the discretion of the Secretariat, for a previously deported alien to enter the country;
III. Asylum: providing additional protection and political asylum to any foreigner who is recognized as such under the Refugee Law;
IV. Stateless: Any stateless person who is not considered a citizen of any state under its laws. The law will provide equal treatment to people who have citizenship but it is not considered valid.
V. Social assistance center: organization, place or premises of alternative care provided by public and private institutions and associations to girls, boys and adolescents without parental or family care;
VI. Development Center: Center for Assessment and Control of Trust of the National Institute of Migration;
VII. Condition of Residence: A situation in which a non-resident is placed as a result of his intention to change his place of residence and, in some cases, as a result of the activities he conducts in the country or as a result of humanitarian or international circumstances.
VIII. Constitution: Political Constitution of the United Mexican States;
IX. Quota: The maximum number of foreigners who are allowed to enter the country to work, in most cases based on economic activity or area of residence.
X. Human Rights Defender: Any person or civil society organization that individually or collectively promotes or strives for the protection or realization of human rights, fundamental freedoms and individual guarantees at the national or international level.
XI. Migration Station: a physical center established by the Institute for the temporary accommodation of foreigners who have not confirmed their residency status until their residency status is regularized;
XII. Non-resident: a person who does not have Mexican citizenship under the provisions of Article 30 of the Constitution;
XIII. Migration Control Filter: the space in a Place designated for the international transit of persons where the Institute permits or denies the admission of persons into the territory of the United Mexican States;
XIV. Institute: National Institute of Migration;
XV. Law: the present Law;
XVI. Place designated for the international transit of persons: a physical space established by the Secretariat for the passage of persons from one Power to another;
XVII. Mexican: a person who meets the criteria defined in Article 30 of the Constitution;
XVIII. Migrant: a person who leaves, travels to or arrives in the territory of a state other than his place of residence, for any reason.
XIX. Migrant girl, boy or teenager: any migrant, citizen or foreigner, under the age of eighteen. Girls and boys — these are those who have not yet turned twelve years old, and teenagers — These are children between the ages of twelve and eighteen.
If there is any doubt as to whether the person is over eighteen years of age, he should be considered a teenager. If there is any doubt whether a person is older or younger than twelve years old, he should be assumed to be younger (girl or boy);
XX. Unaccompanied migrant girl, boy or adolescent: any migrant under eighteen years of age unaccompanied by an adult with parental or guardianship rights;
XXI. Accompanied migrant girl, boy or adolescent: any migrant under eighteen years of age accompanied by an adult with parental or guardianship rights;
XXII. Separated migrant teenager: any migrant under eighteen years of age accompanied by an adult who has custody due to circumstances, but not by legal decision;
XXIII. Consular office: a representation of a Mexican state to the government of another state, which on a permanent basis carries out the following functions: the protection of Mexicans in their constituency, the promotion of commercial, economic, cultural and scientific relations between the two states, the issuance of documentation to Mexicans and foreigners in accordance with the Mexican Foreign Service Law and its regulations;
XXIV. Detention: activities through which the Institute agrees on the temporary detention of a foreigner who has not confirmed his migration status in order to regularize his stay or assist in his return.
XXV. Prosecutor's Offices for Protection: Federal Prosecutor for the Protection of Girls, Boys and Adolescents and the Prosecutor General's Office for the Protection of Children and Adolescents of each federal entity;
XXVI. Subsidiary protection: protection provided by the Secretariat to a foreigner until refugee status is granted; is not to return him to the territory of another country where his life would be in danger of being subjected to torture or other treatment or cruel, inhuman or degrading punishment;
XXVII. Refugee: any non-resident who has entered the national territory and is recognized as a refugee by the competent authorities on the basis of international treaties and conventions to which the Mexican State is a party and current legislation;
XXVIII. Regulation: Regulations to this Law;
XXIX. Assistance in return: a procedure with the support of which the National Institute of Migration forces a foreigner to leave the national territory, sending him to his country of origin or usual residence;
XXX. Compensation: Remuneration received by individuals within the United Mexican States for personal or individual professional services rendered;
XXXI. Secretariat: Ministry of Internal Affairs;
XXXII. Professional Migration Career Service: a mechanism that guarantees equal opportunities for entry, stay and development of civil servants holding responsible positions in the Institute.
XXXIII. Migration situation: The legal situation in which a non-resident is placed, based on compliance or non-compliance with the immigration provisions for his entry and stay in the country. A non-resident is considered to have regular residency status when he complies with these provisions, and to have irregular immigration status if he does not comply with them;
XXXIV. Resident status: a document issued by the Institute with which non-residents confirm their regular migration status of temporary or permanent residence;
XXXV. Immigration procedure: any request or provision of information made by individuals and legal entities to the immigration authority in order to fulfill an obligation, receive benefits or services of an immigration nature for the issuance of a decision, as well as any other document that these persons are obliged to keep and submit only in the case of the Institute’s regulations;
XXXVI. Visa: An authorization issued by a consular post that demonstrates compliance with the conditions for acquiring residence status in a country and is a document that is printed, attached, or attached to a passport or other document. The visa can also be issued through electronic means and records and may be called an electronic or virtual visa. The visa allows a foreigner to arrive at a Place designated for the international transit of persons and request permission to remain, based on the type of visa, provided that other entry requirements are met.
Article 4.
Based on this Law, the Secretariat can provide assistance and coordinate its actions with other dependent and legal entities of the Federal State Administration whose powers are related to immigration issues.
Article 5.
Representatives and officials of foreign governments and international organizations entering the country by official invitation, their families and members of service personnel, as well as persons who, on the basis of treaties and agreements of the Mexican state, are participants in international organizations recognized by the Mexican state, enjoy immunity from territorial jurisdiction, on the basis of international reciprocity, are exempt from immigration checks.
Aliens who complete their official assignment in the United Mexican States and wish to remain in the country, and in addition those who enjoy and waive immunity for the purpose of pursuing a gainful activity, you must comply with the provisions of this Law and other applicable legal provisions.
SECTION TWO. RIGHTS AND RESPONSIBILITIES OF MIGRANTS
CHAPTER ONE. RIGHTS AND OBLIGATIONS
Article 6.
The Mexican State guarantees to all foreigners, regardless of their immigration status, the enjoyment of the rights and freedoms defined in the Constitution, in the international treaties and conventions to which the Mexican State is a party and in applicable legal provisions.
The rights and principles for girls, boys and adolescents are enshrined in the General Girls, Boys and Adolescents Act and its provisions, including the exclusion of immigration detention.
Article 7.
The freedom of everyone to enter, remain, transit and leave the national territory is subject to limitations established by the Constitution, international treaties and conventions to which the Mexican State is a party, this Law and other applicable legal provisions.
Free movement is the right of every person, and the duty of every authority — encourage and respect him. No one can verify citizenship and migration status on national territory, except the competent authorities in the cases and under the circumstances established in this Law.
Article 8.
Migrants should have access to educational services provided by the public and private sectors, regardless of their immigration status and in accordance with applicable legal and regulatory provisions.
Migrants are entitled to all types of health care provided by the public and private sectors, regardless of their immigration status, subject to applicable legal and regulatory provisions.
Migrants, regardless of their immigration status, have the right to obtain, free of charge and without any restrictions, any type of emergency medical care required to save their lives.
In the provision of educational and health services, no administrative act may impose restrictions on foreigners that exceed those generally imposed on Mexicans.
Article 9.
Judges or civil registry officials do not have the power to deny migrants, regardless of their immigration status, permission to perform marital status acts or to issue certificates of birth, recognition of children, marriage, divorce and death.
Article 10.
The Mexican State guarantees the right to family preservation to migrants who intend to enter the country on a regular basis or who reside in the national territory with a regular migratory status, as well as to those who intend to regularize their migratory situation in the country.
Article 11.
Migrants, regardless of their immigration status, have the right to due process of law and the right to file human rights complaints under the Constitution and other applicable laws.
Processes applicable to migrant girls, boys and adolescents are governed by the rights and principles enshrined in the Constitution, international treaties, the General Law on the Rights of Girls, Boys and Adolescents and other applicable regulations. Before starting these procedures, you must immediately notify the office of the Prosecutor for the Protection of Children and Adolescents. The principle of non-deprivation of liberty of girls, boys and adolescents for migration reasons is mandatory.
Article 12.
Migrants, regardless of their immigration status, have the right to recognition of their legal identity in accordance with the provisions of the Constitution and international treaties and conventions to which the Mexican State is a party.
Article 13.
Migrants and their relatives who are located in the United Mexican States have the right to information:
I. about your rights and obligations, on the basis of current legislation;
II. on the requirements established by current legislation for entry, stay and exit, and
III. The option of applying for recognition of refugee status, provision of additional protection or granting political asylum and determination of a stateless person, and in addition to this, at the appropriate stages of processing the specified conditions.
The Secretariat shall take such measures as it deems necessary to disclose the above information in accordance with applicable law.
Article 14.
If a migrant, regardless of his immigration status, does not speak or understand Spanish, he may be provided with an ex officio translator in his language to facilitate communication.
If the migrant is deaf and can read and write, he will be interviewed in writing or through an interpreter. A person who has the right to understand him will be appointed as a translator.
Upon conviction of a migrant, regardless of his immigration status, the judicial authorities are obliged to inform him of the international treaties and agreements signed by the Mexican State regarding the transfer of prisoners, and in addition of any others that may benefit him.
Article 15.
The Mexican state facilitates the entry and integration of migrants, who have received the status of temporary and permanent residents, into all possible areas of economic and social life of the country, guaranteeing respect for their identity, ethnic and cultural diversity.
Article 16.
Migrants must fulfill the following obligations:
I. When aliens are in regular immigration status, retain and secure documentation of identity and status.
II. Provide documentation of proof of identity or regular residence status when requested by immigration authorities;
III. Provide information and personal data requested by competent authorities within the limits of their powers without violating the provisions of the Federal Law on Access to Public and State Information and other applicable provisions on this matter, and
IV. Other duties prescribed by the Constitution, this Law, its Regulations and other applicable provisions.
Article 17.
Immigration authorities have the right to retain documentation confirming the identity or migration status of migrants when there is a suspicion that they are considered fraudulent; in this case, the data must be immediately transferred to the competent authorities in order to decide on further actions.
SECTION THREE. IMMIGRATION AUTHORITIES
CHAPTER ONE. IMMIGRATION AUTHORITIES
Article 18.
The Secretariat has the following powers in matters of migration:
I. Forms and directs the migration policy of the power, taking into account the opinion of the bodies created for this purpose in the Regulations, and in addition to this, the requirements and positions of other powers of the Union, governments of federal entities and civil society;
II. Establishes quotas, requirements or processes for issuing visas and approves the conditions of stay in the country for the purpose of conducting gainful activity; determines the municipalities or federal entities that include border areas or areas receiving temporary workers, and the corresponding validity period of permits for residence requirements issued in these regions, in accordance with this Law. In all these cases, the Secretariat is obliged to first obtain a positive opinion from the Ministry of Labor and Social Protection and take into account the opinion of other bodies established in the Regulations for this purpose;
III. Establishes or abolishes criteria for the entry of foreigners into the national territory by means of general provisions published in the Official Gazette of the Federation, taking into account the opinion of the authorities established in the Regulations for this purpose;
IV. Suspends or prohibits the entry of foreigners on the basis of this Law and its Regulations;
V. In coordination with the Ministry of Foreign Affairs, promotes and signs international documents to assist in the return of both Mexicans and foreigners;
VI. Establishes and removes places intended for the international transit of persons on the basis of this Law and its Regulations;
VII. Issues readmission agreements in cases provided for by this Law, and
VIII. Carry out other actions in accordance with the provisions of the General Law on Population, this Law, its Regulations and other applicable legal acts.
Article 19.
The Institute is considered to be a decentralized administrative body of the Secretariat, whose task is to execute, control and supervise the activities carried out by the migration authorities on the national territory, and in addition to implement policies in this matter based on the guidelines issued by the Secretariat.
Article 20.
The Institute has the following powers in matters of migration:
I. Implements policy on migration issues;
II. Monitors the entry and exit of persons into the United Mexican States and reviews their documentation;
III. In cases provided for by this Law, studies and makes decisions on issues of entry, stay and exit of foreigners from the country;
IV. Examines, makes decisions and carries out deportation or assistance in the return of foreigners on the basis of the requirements established by this Law and its Regulations. In cases of deportation or assistance in the return of migrant girls, boys and adolescents, follow the orders issued by the Prosecutor for Protection, unless otherwise provided;
V. Imposes the sanctions provided for by this Law and its Regulations;
VI. Maintains and updates the National Register of Foreigners;
VII. Determines the placement of foreigners at immigration stations or places designated for this purpose, based on the provisions of this Law and in compliance with human rights;
VIII. Coordinates the activities of groups working with migrants located on national territory;
IX. Provides materials from computer databases that it manages at the request of various national security agencies, in accordance with applicable legal acts;
X. Manages the assignment of a unique population registry key to girls, boys and adolescents who are granted permission to remain as a visitor for humanitarian reasons or as a resident;
XI. Receives repatriated Mexican children and adolescents, notifies the Defense Attorney, and refers children and adolescents to DIF facilities;
XII. Others indicated by this Law, its Regulations and other applicable legal acts.
Article 21.
The Ministry of Foreign Affairs has the following powers in immigration matters:
I. Apply the provisions of this Law, its Regulations and other legal provisions within the limits of their competence;
II. Promote, together with the Secretariat, the signing of international documents on assistance in the return of Mexicans and foreigners;
III. To promote, together with the Ministry of Internal Affairs, the signing of bilateral agreements regulating the flow of migration;
IV. In cases provided for by this Law, processes and authorizes the issuance of visas, and
V. Performs other functions determined by this Law, its Regulations and other applicable legal acts.
CHAPTER TWO. PROFESSIONALISM AND CERTIFICATION OF INSTITUTE EMPLOYEES
Article 22.
The actions of civil servants of the Institute must always be subject to the principles of legality, objectivity, efficiency, professionalism, honesty and respect for human rights as defined in the Constitution and this Law.
Article 23.
In accordance with Article 96 of the General Law on the National Public Security System, civil servants of the Institute are required to undergo an assessment process, which consists of checking the suitability of the personal, ethical, socio-economic and medical data necessary for the performance of functions, during recruitment and promotion, according to the Regulations.
Certification is an important requirement for hiring and promotion.
For certification purposes, the Institute has an Assessment Center accredited by the National Center for Certification and Accreditation in accordance with the General Law of the National Public Security System and other applicable legal acts.
The Assessment Center has technical and administrative staff required to carry out its duties.
Article 24.
The Assessment Center has the following powers:
I. Conducts periodic assessments of the Institute’s employees in order to verify the compliance of the personal, ethical, socio-economic and medical data necessary to perform the functions when hiring and promoting;
II. Communicates to the competent administrative units the results of the assessment for the purposes of hiring and promotion and civil servants of the Institute, based on the circumstances;
III. Issues and renews certificates to Institute employees based on appropriate assessment;
IV. Identifies risk factors that affect or jeopardize the performance of migration functions in order to ensure the proper functioning of migration services;
V. Creates a database containing records of people certification processes, takes the necessary security measures to protect the information contained in said databases;
VI. Recommends the training and implementation of measures arising from the results of the assessments carried out, and
VII. Performs other functions determined by this Law, its Regulations and other applicable legal acts.
CHAPTER THREE. SUBSIDIARY BODIES ON MIGRATION ISSUES
Article 26.
Ministry of Tourism:
I. Disseminates official information on immigration procedures and regulations that apply to the entry, transit, regular stay and departure of foreigners who intend to visit the country;
II. Participates in interdepartmental activities on migration issues that contribute to the implementation of programs that encourage and promote tourism in national destinations for the benefit of the state, and
III. Performs other functions provided for by this Law, its Regulations and other applicable legal acts.
Article 27.
Ministry of Health:
I. In coordination with health authorities at various levels of government, facilitates the provision of health care services to foreigners, regardless of their immigration status and in accordance with applicable legal acts;
II. Establishes sanitary standards for the admission of persons to the national territory in accordance with applicable legal acts;
III. Supervises health services in places intended for the international transit of persons, in national or foreign transport, sea, air and land, through inspection visits in accordance with applicable legal acts;
IV. Develops and conducts campaigns in places intended for international transit of people for the prevention and control of diseases based on applicable legal acts, and
V. Performs other functions provided for by this Law, its Regulations and other applicable legal acts.
Article 28.
General Prosecutor's Office of the Republic:
I. Provides assistance to the training and specialization of federal police officers, government department agents and human rights officials;
II. Provides migrants with guidance and recommendations to ensure their effective protection under the Law on the Office of the Attorney General of the Republic, its statute and other applicable legal acts;
III. Provides statistical authorities with the necessary data on the number of preliminary investigations, investigative cases and criminal proceedings in relation to crimes of which migrants are victims;
IV. Signs agreements on cooperation and coordination, and in addition takes, within the framework of its powers, the necessary actions to ensure the effective investigation and prosecution of crimes of which migrants are victims;
V. Conducts inquiries into crimes provided for in Articles 159 and 161 of this Law, and
VI. Performs other functions provided for by this Law, its Regulations and other applicable legal acts.
Article 29.
National Integrated Family Development System (DIF), State and Mexico City systems:
I. Provide social support for the care of migrant girls, boys and adolescents who need services to protect them;
II. Provide housing and ensure the protection and respect for the rights of migrant girls, boys and adolescents, regardless of their nationality and immigration status, guaranteeing the principle of family unity and compliance with measures to protect and restore their rights in accordance with articles 122 and 123 of the General Law on the Rights of Girls, Boys and Adolescents;
III. The national DIF system and the federation systems, in coordination with the competent institutions, identify girls, boys and foreign adolescents who are refugees or those who might become refugees, through a preliminary assessment with guarantees of safety and privacy, to ensure that they receive appropriate and special treatment and are subject to special protection measures;
IV. Assist the Institute in implementing measures that require special attention in relation to migrants who, due to various circumstances or a combination of them, are located in situations of high vulnerability;
V. Collaborate with human rights defenders and the National Human Rights Commission to ensure comprehensive protection of the rights of girls, boys and adolescents;
VI. Cooperate with institutions and bodies of the Federal State Administration, federal entities, municipalities and territorial entities, and in addition with specialized civil society organizations, in order to ensure guarantees for the comprehensive protection of the rights of girls, boys and adolescents, and
VII. Perform other functions as provided for in this Act, its Regulations, the General Law on the Rights of Girls, Boys and Adolescents and its Regulations, and other applicable legislation.
Article 30.
National Institute for Women:
I. Carries out, in coordination with the Institute, interdepartmental actions aimed at solving women's problems, preventing violence against migrant women in accordance with treaties and international agreements to which the Mexican state is a party.
II. Promotes actions aimed at improving the social situation of the female migrant population and eliminating all forms of discrimination against them;
III. Provides training to migration authorities on gender equality issues, with particular emphasis on respecting and protecting the human rights of migrants, and
IV. Performs other functions provided for by this Law, its Regulations and other applicable legal acts.
SECTION FOUR. INTERNATIONAL MOVEMENT OF PEOPLE AND STAY OF FOREIGNERS IN THE NATIONAL TERRITORY
CHAPTER ONE. ENTRY AND EXIT FROM THE NATIONAL TERRITORY
Article 31.
The Secretariat shall have exclusive authority in places intended for the international transit of persons by land, sea and air, in agreement with the Ministries of Finance and Public Credit, Communications and Transport, Health, Overseas Affairs, Agriculture, Livestock, Rural Development, Fisheries and Food and, where appropriate, Maritime Affairs. In addition, he consults with institutions he deems necessary.
The above-mentioned institutions are obliged to provide the necessary assistance, according to their competence.
Article 32.
The Secretariat may temporarily close places intended for the international transit of persons by land, sea and air for reasons of public interest.
Article 33.
Concessionaires or permit holders who operate or manage places intended for the international transit of persons by land, sea and air are required to provide the Institute with the necessary means for the proper performance of its functions and to comply with the guidelines issued for this purpose.
The characteristics that you must have for Institute facilities in places intended for the international transit of persons by land, sea and air are specified in the Regulations.
Article 34.
Mexicans and non-residents can enter and leave the national territory only through places designated for the international transit of persons by land, sea and air.
Regular entry into the country takes place when a person passes through immigration control filters located in places intended for the international transit of persons by land, sea and air, within the period of time established for this purpose, and with the participation of immigration authorities.
Article 35.
For Mexicans and visitors entering and leaving the country, you must comply with the requirements of this Law, its Regulations and other applicable legal acts.
The exclusive responsibility of the Institute's staff is to control the entry and exit of citizens and foreigners and check their documentation.
Article 36.
Mexicans cannot be denied the right to enter the national territory. For this purpose, they are required to prove their citizenship in addition to complying with other requirements established by this Law, its Regulations and other applicable legal acts.
Mexicans have the opportunity to prove their citizenship with one of the following documents:
I. Passport;
II. Citizen's ID card or its equivalent;
III. A certified copy of the birth certificate;
IV. Document on consular registration;
V. Letter of naturalization, or
VI. Certificate of Mexican citizenship.
Be able to identify yourself using a photo voting ID issued by the national election authority or any other document issued by an authorized body.
In the absence of the supporting documents referred to in the previous sections, for the purposes of the provisions of this article, Mexican citizenship is capable of being confirmed by any other objective evidence that allows the Institute to determine Mexican citizenship.
In cases where the Institute has sufficient grounds to suspect the lack of authenticity of the documents or the reliability of the data presented to prove Mexican citizenship, it will decide whether to grant entry or not after carrying out an investigation. This process must be rational and in no case should it exceed 4 hours.
When entering the country, Mexicans are required to provide materials and personal data requested by the competent authorities within the scope of their powers, and have the right to obtain information about the regulations established by law for their entry into and exit from the national territory.
Article 37.
To enter the country, visitors are required to:
I. Provide the Institute with the following documents in the immigration control filter:
a) a passport, identity card or travel document valid under applicable international law, and
b) if applicable, a legally obtained and valid visa, in accordance with Article 40 of this Law; or
c) resident status or residence permit of a regional visitor, border worker or visitor for humanitarian reasons.
II. Offer information and personal data requested by competent authorities within the limits of their powers.
III. Non-residents do not require a visa in any of the following cases:
a) citizens of countries with which a visa waiver agreement has been signed or which do not require a visa due to a unilateral decision taken by the Mexican State;
b) applicants for regional visitor and border worker status;
c) holders of exit and return permits;
d) holders of residence permits issued by the Secretariat;
e) persons applying for refugee status, subsidiary protection and statelessness determination, due to humanitarian reasons or force majeure, and
f) crew members of commercial ships or aircraft, in accordance with the international obligations undertaken by Mexico.
Article 38.
The Secretariat, for reasons of public interest and when there are reasons, has the ability to suspend or prohibit the entry of foreigners by issuing general administrative regulations, which should be published in the Official Gazette of the Federation.
Article 39.
Based on this Law and its Regulations, the following take part in the issuance and issuance of visas and the determination of conditions of stay:
I. Offices established by the Secretariat in the national territory, and
II. Consular offices under the Mexican Foreign Service Law and its Regulations.
Article 40.
Foreigners who intend to enter the country, you must present one of the following types of visa, legally obtained and valid:
I. A visitor visa without permission to carry out remunerated activities, which allows a foreigner to arrive at any place intended for the international transit of persons and to request entry into the national territory to remain continuously in the country for a period of time not exceeding one hundred and eighty days, counted from the date of entry.
II. A visitor visa with a gainful activity authorization, which authorizes a foreigner to arrive at any place designated for the international transit of persons and to request entry into the national territory to remain continuously in the country for a period not exceeding one hundred and eighty days from the date of entry and to carry out a gainful activity.
III. Adoption Visitor Visa, which allows an alien involved in an adoption process in the United Mexican States to travel to any place intended for the international transit of persons and request entry into the national territory to remain in the country until a final decision is made and, if necessary, obtain a certificate of adoption of the child or youth, register it with the Civil Registry Office, in addition to obtain a passport and go through all the necessary procedures necessary for the child or youth to leave the country. The issuance of such visas is limited to citizens of countries with which the United Mexican States has signed an agreement on this matter.
IV. A temporary residence visa that allows a foreigner to arrive at any place intended for the international transit of persons and to request entry into the national territory to remain continuously in the country for a period of not more than four years.
V. Temporary Resident Student Visa, which authorizes a foreigner to arrive at any place intended for the international transit of persons and request entry into the national territory to remain in the country for the duration of courses, studies, research projects or training, upon proof that the training will take place in educational institutions belonging to the national education system and to carry out gainful activities in accordance with the provisions of Section VIII of Article 52 of this Law.
VI. A permanent residence visa that allows a foreigner to arrive at any place intended for the international transit of people and request entry into the national territory to remain in the country indefinitely.
The criteria for the issuance of visas are established in the Regulations and the guidelines are determined jointly by the Secretariat and the Ministry of Foreign Affairs, with a view to managing migration, promoting orderly and regular migration flows, without compromising the dignity of migrants.
None of the visas authorize paid work unless specifically stated so.
The visa confirms compliance with the residence criteria and allows the foreigner to arrive at any place intended for the international transit of people and request entry into the national territory with the option of subsequently obtaining a residence permit.
Article 41.
Foreign citizens apply for a visa at consular offices. Consulates issue visas in accordance with applicable legal provisions.
In cases of application due to family ties, a job offer or humanitarian reasons, a visa application may be submitted at the Institute's offices. A similar process can be carried out by Mexican consulates abroad, by issuing a visa based on the instructions.
The consular post may request the Institute to reconsider the authorization if, in its opinion, the applicant does not meet the criteria established by this Law, its Regulations and other applicable legal acts.
The Institute ultimately makes the decision without the responsibility of the consular post.
Article 42.
The Secretariat is capable of allowing entry to foreigners who request recognition of refugee status, political asylum, determination of statelessness or for force majeure or humanitarian reasons, without complying with any of the requirements established by Article 37 of this Law.
Article 43.
Subject to the provisions of Article 42 of this Law, immigration authorities may refuse to issue a visa, regular entry into the national territory or grant permanent status to aliens in the following cases:
I. When they are the subject of criminal proceedings or are convicted of a criminal offense under national criminal laws or provisions contained in international treaties and conventions, or national security or public safety is endangered;
II. When they do not comply with the conditions established by this Law, its Regulations and other applicable legal acts;
III. When the documentation or evidence provided is not genuine;
IV. There is a direct prohibition by the competent authority, or
V. Subject to other legal provisions.
The immigration authorities, within the scope of their powers, have the required means to verify the above assumptions and for this purpose have the opportunity to request information or data from the foreigner.
The fact that a non-resident does not comply with the provisions of Section II of this Article shall not prevent the immigration authority from re-examining his application for a visa, provided that the provisions of this Law, its Regulations and other applicable legal acts are complied with.
In the event that a judicial authority has rendered a final judgment against a foreigner, the Institute assesses his migration status, taking into account the principles of social reintegration, as well as the principles relating to family reunification.
Article 44.
International sea or air passenger transport companies are required to ensure that non-residents they transport have valid documents required to enter the national territory or country of final destination.
Article 45.
Foreign crew members of companies in international transit by air, land or sea, who arrive on national territory while on duty, are entitled to remain in the country only for the period of time necessary to resume service on the next scheduled departure.
Costs incurred when screening, deporting or leaving the country for crew members who do not comply with this requirement will be borne by the transport company for which they work.
Article 46.
Air and maritime companies, as well as private aircraft and ships engaged in international passenger transport, are required to electronically transmit to the Institute materials on passengers, crew and vehicles entering or leaving the country.
The Regulations specify the information that will be requested and the criteria for its provision will be defined in the general administrative regulations issued by the Institute.
Article 47.
In order for persons to leave the national territory, they should:
I. Do this in places designated for the international transit of persons;
II. Confirm your identity by presenting a valid passport, identity card or travel document;
III. Provide the Institute with information necessary for statistical purposes;
IV. In the case of foreigners, prove their residence status in the country or a permit issued by the immigration authority pursuant to Article 137 of this Law, and
V. Comply with other applicable provisions on this subject.
Article 48.
The departure of Mexicans and foreigners from national territory is free, except in the following cases:
I. There is a judicial decision, preventive order or other regulations aimed at restricting the freedom of movement of a specific person;
II. Restrictions have been imposed on participation in litigation;
III. A person enjoys conditional freedom, except with the permission of the competent authority;
IV. For reasons of national security based on applicable legal acts;
V. For girls, boys and adolescents, they are subject to the international procedure for restitution, based on the provisions of international treaties and conventions to which the Mexican State is a party, and
VI. Debtors of alimony who have ceased to fulfill their obligations for a period of more than sixty days, at the request of the competent judicial authority, subject to the exceptions provided for by civil law, and also those who have committed crimes under criminal law. In the case of foreigners, the Institute determines their migration status and makes a decision based on the provisions of other legal systems and the provisions of this Law.
To verify the above cases, the Institute applies appropriate means in accordance with the criteria of the Regulations.
Article 49.
The departure from the country of girls, boys and adolescents or persons under legal guardianship under civil law, whether Mexican or foreign nationals, is subject to the following rules:
I. Be accompanied by any person having parental rights or guardianship over them and complying with the requirements of civil law.
II. If they are accompanied by a third person who has reached the age of majority, or if they are traveling alone, they must present a passport and an exit permit from those who have parental rights or guardianship, issued by a notary or authorities that have the authority to do so.
Article 50.
The Institute checks the migration status of stowaways who are located by air, sea or land transport and determines how to deal with them in accordance with the provisions of the Regulation.
Article 51.
The Secretariat is authorized to formulate policies and issue administrative regulations of a general nature, which will be published in the Official Gazette of the Federation, in order to meet the migration needs of the State, taking into account the opinion of the National Population Council.