[Congressional Record Volume 152, Number 44 (Friday, April 7, 2006)]
[Senate]
[Pages S3374-S3375]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




            ``MEXICO AND THE MIGRATION PHENOMENON'' DOCUMENT

  Mr. DODD. Mr. President, yesterday I spoke about the need to pass a 
comprehensive immigration reform bill. In the course of those remarks, 
I described a document signed by all five of Mexico's Presidential 
candidates in the run-up to this July's Presidential elections in that 
country, as well as leaders from every major party in Mexico. That 
document makes clear that leaders on both sides of the border 
understand that border security is a fundamental necessity. I ask 
unanimous consent that the document, ``Mexico and the Migration 
Phenomenon,'' be printed in the Record.
  There being no objection, the material was ordered to be printed in 
the Record, as follows:

                  Mexico and the Migration Phenomenon

       In Mexico, as in other countries and regions of the world, 
     migration is a complex and difficult phenomenon to approach. 
     The diverse migration processes of exit, entrance, return and 
     transit of migrants are all present in our country.
       Given the extent and the characteristics of today's 
     migration phenomenon, which will continue in the immediate 
     future and given the implications that it represents for our 
     country's development, a new vision and a change are 
     necessary in the way Mexican society has approached, thus 
     far, its responsibilities toward the migration phenomenon.
       Over the last years, the magnitude reached by Mexican 
     migration and its complex effects in the economic and social 
     life of Mexico and the United States, have made the migration 
     phenomenon increasingly important for the national agendas of 
     both countries, and a priority issue in the bilateral agenda.
       From the outset of the Administration, the government of 
     President Fox put forward a proposal to the Mexican public 
     opinion and to the highest authorities in the United States, 
     regarding a comprehensive plan aimed at dealing with the 
     diverse aspects of migration between the two countries. 
     Mexico based its proposal on the principle of shared 
     responsibility, which acknowledges that both countries must 
     do their share in order to obtain the best results from the 
     bilateral management of the migration phenomenon.
       In 2001, the governments of both nations intensified the 
     dialogue and set in motion a process of bilateral 
     negotiations with the intent of finding ways to face the 
     multiple challenges and opportunities of the phenomenon; 
     these actions were taken with the objective of establishing a 
     new migration framework between the two countries.
       However, the terrorist attacks of September 2001 against 
     the United States, criminal acts which were unmistakably 
     deplorable, altered the bilateral agenda on migration. On the 
     one hand, the link between migration and national security--
     mainly along the shared border--is now an essential issue of 
     that agenda. On the other hand, the participation in the 
     migration debate of varied political actors--especially 
     legislators of both countries--has increased.
       The debate that is currently taking place in the United 
     States, concerning a possible migration reform, represents an 
     opportunity for Mexico and for the bilateral handling of the 
     phenomenon. It also encourages a deep analysis of the 
     consequences that this process can have for our country and 
     its migration policy.
       Based on a joint initiative by the Executive Branch and the 
     Senate of Mexico, a group of federal authorities responsible 
     for the management of the migration phenomenon, senators and 
     congressmen, members of the academia, experts in migratory 
     issues, and representatives of civil society organizations, 
     agreed to initiate an effort that seeks to build a national 
     migration policy, founded over shared diagnoses and 
     platforms. Accordingly, the group has held a series of 
     discussions titled Prospects and Design of Platforms for the 
     Construction of a Mexican Migration Policy.
       The ideas expressed in this document are the result of 
     those discussions. They intend to bring up to date Mexico's 
     migration position and to offer some specific guidance 
     regarding the process of migration reform in the United 
     States.


                               principles

       Based on the discussions held, the participants agreed upon 
     the following set of principles that should guide Mexico's 
     migration policy:
       The migration phenomenon should be fully understood by the 
     Mexican State--society and government--because it demands 
     actions and commitments that respond to the prevailing 
     conditions.
       The migration phenomenon has international implications 
     that demand from Mexico actions and international 
     commitments--in particular with the neighboring regions and 
     countries--which, in accordance with the spirit of 
     international cooperation, should be guided by the principle 
     or shared responsibility.
       Mexico's migration policy acknowledges that as long as a 
     large number of Mexicans do not find in their own country an 
     economic and social environment that facilitates their full 
     development and well-being, and that encourages people to 
     stay in the country, conditions for emigrating abroad will 
     exist.
       Mexico must develop and enforce its migration laws and 
     policy with full respect for the human rights of the migrants 
     and their relatives, notwithstanding their nationality and 
     migration status, as well as respecting the refugee and 
     asylum rights. In accordance with the applicable 
     international instruments.
       The increased linkage between migration, borders and 
     security on the international level, is a reality present in 
     the relationship with our neighboring countries. Hence, it is 
     necessary to consider those three elements when drawing up 
     migration policies.
       Mexico is committed to fighting all forms of human 
     smuggling and related criminal activities, to protecting the 
     integrity and safety of persons, and to deepening the 
     appropriate cooperation with the governments of the 
     neighboring countries.
       The migration processes that prevail in Mexico are 
     regionally articulated--in particular with Central America--
     and therefore the Mexican migration policy should deepen its 
     regional approach.


 recommendations regarding the commitments that Mexico should agree on

       Main recommendations considered by the group in order to 
     update Mexico's migration policy:
       Based on the new regional and international realities 
     regarding immigration, transmigration and emigration, it is 
     necessary to evaluate and to update the present migration 
     policy of the Mexican State, as well as its legal and 
     normative framework, with a timeline of fifteen to twenty 
     years.
       It is necessary to impel the economical and social 
     development that, among other positive effects, will 
     encourage people to stay in Mexico.
       If a guest country offers a sufficient number of 
     appropriate visas to cover the biggest possible number of 
     workers and their families, which until now cross the border 
     without documents because of the impossibility of obtaining 
     them. Mexico should be responsible for guaranteeing that each 
     person that decides to leave its territory does so following 
     legal channels.
       Based on international cooperation, Mexico must strengthen 
     the combat against criminal organizations specialized in 
     migrant smuggling and in the use or false documents, as well 
     as the policies and the legal and normative framework for the 
     prevention and prosecution of human smuggling, especially 
     women and children, and the protection of the victims of that 
     crime.
       It is necessary to promote the return and adequate 
     reincorporation of migrants and their families to national 
     territory.
       Mexico's migration policy must be adjusted taking into 
     account the characteristics of our neighboring countries, in 
     order to safeguard the border and to facilitate the legal, 
     safe and orderly flow of people, under the principles of 
     shared responsibility and respect for human rights.
       Order and security in Mexico's north and south borders must 
     be fortified, with an emphasis on the development of the 
     border regions.
       Reinforce cooperation with the United States and Canada 
     through the Security and Prosperity Partnership for North 
     America, and with the regional bodies and mechanisms for the 
     treatment of the phenomenon, like the Regional Conference on 
     Migration and the Cumbre Iberoamericana.
       The review and, if necessary, adjustment of the juridical 
     and institutional framework, in order to adequately respond 
     to the present and the foreseeable conditions of the 
     migration phenomenon; this will require the creation of a 
     specialized inter institutional mechanism of collaboration.
       The creation of permanent work mechanisms for the Executive 
     and Legislative Branches, with the participation of academic 
     and civil society representatives that allow the development 
     and fulfillment of Mexico's migration agenda.


  elements related to a possible migration reform in the United States

       Mexico does not promote undocumented migration and is eager 
     to participate in finding solutions that will help us face 
     the migration phenomenon. Accordingly, the group decided to 
     express certain thoughts about what is the Mexico's position 
     in case a migration reform takes place in the United States:
       Acknowledging the sovereign right of each country to 
     regulate the entrance of foreigners and the conditions of 
     their stay, it is indispensable to find a solution for the 
     undocumented population that lives in the United States and 
     contributes to the development of the country, so that people 
     can be

[[Page S3375]]

     fully incorporated into their actual communities, with the 
     same rights and duties.
       Support the proposal of a far-reaching guest workers 
     scheme, which should be one of the parts of a larger process 
     that includes the attention of the undocumented Mexicans that 
     live in the United States.
       In order for a guest workers program to be viable, Mexico 
     should participate in its design management supervision and 
     evaluation, under the principle of shared responsibility.
       A scheme aimed to process the legal temporary flow of 
     persons, will allow Mexico and the United States to better 
     combat criminal organizations specialized in the smuggling of 
     migrants and the use of false documents, and to combat, in 
     general, the violence and the insecurity that prevail in the 
     shared border. Likewise, Mexico would be in a better position 
     to exhort potential migrants to abide by the proper rules and 
     to adopt measures in order to reduce undocumented migration.
       Mexico should conclude the studies that are being conducted 
     to know which tasks will help with the implementation of a 
     guest workers program, regarding the proper management of the 
     supply of potential participants, the establishment of 
     supporting, certification mechanisms, and the supervision and 
     evaluation of its development.
       Mexico acknowledges that a crucial aspect for the success 
     of a temporary workers program refers to the capacity to 
     guarantee the circular flow of the participants, as well as 
     the development of incentives that encourage migrants to 
     return to our country. Mexico could significantly enhance its 
     tax-preferred housing programs, so that migrants can 
     construct a house in their home communities while they work 
     in the United States.
       Other mechanisms that should be developed are the 
     establishment of a bilateral medical insurance system to 
     cover migrants and their relatives, as well as the agreement 
     of totalization of pension benefits, which will allow 
     Mexicans working in the United States to collect their 
     pension benefits in Mexico.
       Mexico could also enhance the programs of its Labor and 
     Social Development Ministries, in order to establish social 
     and working conditions that encourage and ease the return and 
     reincorporation of Mexicans into their home communities.
       This working group aims to become a permanent body of 
     study, debate and development of public policies for the 
     handling of the migration phenomenon.

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