The Secretariat of Governance (SEGOB) and the Secretariat of Foreign Affairs (SRE) of the United Mexican States (Mexico) and the Department of Homeland Security (DHS) of the United States of America (United States), hereinafter referred to as "The Participating Agencies":
CONSIDERING that the governments of both countries have approached the topic of migration at the highest level, and that the Joint Declaration "Towards a Partnership for Prosperity: The Guanajuato Proposal" addresses this issue as a matter of cooperation and shared responsibility, and
RECOGNIZING the need to regulate the flow of persons, particularly on our common border, as was sanctioned in the Declaration on Embracing Technology and Cooperation to Promote the Secure and Efficient Flow of People and Commerce across our Shared Border, in the Plan of Action for Cooperation on Border Safety of June 22, 2001, and in the U.S.-Mexico Action Plan of Border Partnership, and
RECOGNIZING the firm commitments of both governments to protect the human rights of migrants regardless of their migratory status, as well as
CONSIDERING that on May 6, 1997, the Presidents of both countries signed a Joint Statement in which they expressed the commitment of their governments to ensure the implementation of safe and orderly procedures for repatriating Mexican migrants, and
CONSIDERING that the Working Group on Migration and Consular Affairs of the Mexico-USA Binational Commission agreed, in 1997, to a means of developing improved procedures for repatriating Mexican nationals in a safe, dignified and orderly way that recognizes their human rights. This Working Group has strengthened the mutual collaboration in the subsequent sessions on those matters, and
CONSIDERING that between 1997 and 1999 migration and consular authorities of both countries established procedures for the orderly and safe repatriation of Mexican nationals, including specific points regarding schedules, places and procedures along the border and in the interior of the United States, and
BEARING IN MIND the provisions of the Vienna Convention on Consular Relations of April 24, 1963; the Consular Convention between the United Mexican States and the United States of America of August 12, 1942; the Memorandum of Understanding concerning Consular Protection of U.S. and Mexican Nationals of May 7, 1996; and the Memorandum of Understanding on Consultation Mechanisms of the Immigration and Naturalization Service Functions and Consular Protection of June 11, 1998, and
DESIRING to establish a general frame of reference setting forth specific comprehensive and coordinated bilateral actions and transparent procedures for the safe and orderly repatriation of Mexican nationals;
Have reached the following understandings regarding criteria and principles to be used as a general framework for repatriation of Mexican nationals:
ARTICLE 1
ARTICLE 2
ARTICLE 3
Local repatriation arrangements should conform to mutually established criteria and principles for the repatriation of Mexican nationals being repatriated from the United States to Mexico. Local repatriation arrangements will be reviewed and updated in consultation with the Repatriation Technical Working Group on an annual basis. The local repatriation arrangements should include the following criteria and principles:
ARTICLE 4
If a Mexican national who is in the process of being repatriated or who has been repatriated to Mexico reports to DHS, SRE or SEGOB an incident that may involve mistreatment or potential human rights concerns, the report should immediately be referred to the appropriate authorities for investigation and follow-up.
ARTICLE 5
Participating Agencies should explore, on a bilateral basis, mechanisms to carry out the repatriation of Mexican nationals to their place of origin, especially from high-risk zones in the United States and during the summer season to avoid injury and loss of life among migrants.
ARTICLE 6
Participating Agencies should explore, on a bilateral basis, the dynamics of the movement of third country nationals through Mexico and the United States, considering their migratory status, and eventual repatriation mechanisms.
ARTICLE 7
This Memorandum of Understanding and the local repatriation arrangements do not affect the rights, obligations and responsibilities of Mexico and the United States and of their nationals, and are without prejudice to any rights afforded to Mexican nationals in the United States.
ARTICLE 8
Any matters concerning the application or interpretation of this Memorandum of Understanding should be settled through consultation between the Participating Agencies, as described in Article 1 (b).
ARTICLE 9
This Memorandum of Understanding becomes applicable as of the day of its signature. Any Participating Agency may discontinue its involvement in activities under this Memorandum of Understanding at any time and should provide sixty (60) days notice of its intent to discontinue. This Memorandum of Understanding may be modified by the Participating Agencies in writing.
Signed in Mexico City, on the twentieth day of February of the year two thousand and four, in three originals, in the Spanish and English languages.
FOR THE SECRETARIAT OF GOVERNANCE OF THE UNITED MEXICAN STATES
Santiago Creel Miranda,
Secretary
FOR THE DEPARTMENT OF HOMELAND SECURITY OF THE UNITED STATES OF AMERICA
Thomas J. Ridge,
Secretary of Homeland Security
FOR THE SECRETARIAT OF FOREIGN AFFAIRS OF THE UNITED MEXICAN STATES
Geronimo Gutierrez Fernandez,
Undersecretary for North America