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From the Law Library of Congress:
Mexico: Constitutional law - Constitutional Reforms on Expulsion of Foreigners
To link to this article, copy this persistent link:
(Aug. 08, 2011) On June 10, 2011, Mexico issued a decree amending article 33 of the country's Constitution, an old provision from 1917 that granted the President "the exclusive power to expel any foreigner whose presence is judged undesirable from the national territory, immediately and without the necessity of prior legal action." (DIARIO OFICIAL DE LA FEDERACIÓN (Feb. 5. 1917).) The superseding provision, which forms a new second paragraph in article 33, grants foreigners who are going to be expelled from the country under that article the right to be heard. The new provision states: "[t]he Executive of the Union, [after a] preliminary hearing, may expel a foreign person from the national territory on the basis of the law, which shall regulate the administrative procedure as well as the place and the length of time that the detention shall last." (Decreto por el que se modifica la denominación del Capítulo I del Título Primeroy reforma diversos artículos de la Constitución Política de los Estados Unidos Mexicanos, DIARIO OFICIAL DE LA FEDERACIÓN (June 10, 2011).)
Commenting on this reform to EFE, a Spanish news agency, Senator Pedro Joaquín Coldwell stated that the "draconian" and "useless and insensitive" previous provision of article 33 on expulsion of foreigners was widely applied after the uprising of the Zapatista Army of National Liberation in the State of Chiapas in 1994, when dozens of foreigners were expelled from Mexico. According to Coldwell, although in recent times this executive prerogative has been used sparingly, it still remained in the background, a threat to foreigners who expressed criticism of the country's political affairs. Coldwell further stated that the newly worded provision will prevent the government from expelling foreigners without the right to an administrative or judicial hearing, and it will also guarantee foreigners access to proceedings in which they can defend themselves. (El Senado de México aprueba la reforma a la Ley de Derechos Humanos, RT AMÉRICA LATINA (Mar. 9, 2011).)
The Decree came into force on the day following its official publication; that is, on June 11, 2011. (Decreto, supra.)
Author: Norma Gutierrez
Topic: Constitutional law More on this topic
Jurisdiction: Mexico More about this jurisdiction
Joe Whalen |
Aug 13, 2011 at 04:59 PM
The comments indicate the divide on how to handle illegal immigration and while people argue stepped up enforcement is the right thing to do (the basis for) in the light of the new economic crisis, what gets ignored is clubbing LEGAL immigration with ILLEGAL immigration.If the US financial crisis is caused by some bad loans,it doesnt mean US banks should stop all loans altogether.There needs to be reform, and it starts with replacing outdated immigration policy with the one that fits the economic and social development,not backhanded approach of catching and deporting just to show to a select few for reelection.Whether legal or illegal, it starts with being transparent on administration policies.
Aug 12, 2011 at 06:42 AM
This is Gods land he did not put borders up nor did he put up walls and papers are man made. No one has the right who can be here and if we really want to go back into history then only the Native American's have the rights to say who can be here!! The Hispanic community help us rebuild after Hurricane Ivan and now we don't want them in the area that'd insane. The only people trying to pass immigration laws are White congress men. It should be racial profiling and it should be stopped! I am so embarrassed to be American we do not show compassion to Human Beings!! When you think illegal Alien I think mars or pluto not from land that's United to us!! I am so sick of all the negative and hate America has turned into. This country will not get back on track until we stop with fighting between Dem's and Republicans they fight like little kids and lie about each other. Come on men stop with the BS and work together to make us stronger nation. I am sick of the hate!
Aug 11, 2011 at 07:46 PM
Re. Roger Algase's latest: with all the serious problems confronting our country today, the "trials and tribulations" of illegal immigrants has to assume its appropriate priority, which is so far down the ladder as to be virtually under the ladder! On this issue, at least, Obama is acting in conformance with the strongly and frequently expressed wishes of the American people, and I say more power to him!
Also, I got a kick out of Algase's Iliad analogy! As I have read Algase's previous comments here, I would think he would rather prefer that Priam, Hector, and the Trojan people, instead of resisting the Achaean invasion, should have thrown open the gates of Troy, opened their houses to the Greeks, handed over whatever they demanded, and immediately begun speaking Greek (if they didn't already). After all, he criticizes us for resisting and opposing the invasion from Mexico and elsewhere...why is the Trojan resistance heroic but that of the Americans scurrilous?
Or maybe we should just ask the Brits how they are feeling about immigration these days!
Don Miller |
Aug 11, 2011 at 02:35 PM
from 1998 the republicans and theirs white wings misguided millions of immigrants by false advertisements in ethnics local medias ,advertisements like this (" hurry, the time is too short you have a time only to end april of 2001 ,come to US , pay some fee, stay here,and apply for a green card. hurry don't miss the chance ). Then came the immigrations lawyer by theirs greedy advertisements and life show on local t.v to promise this poor people a dream . If you go on the archives of this medias you can find all these .they came millions of people in this country by theirs dream for a better life , but they get a fascistic prisons in the ( county of freedom ) . After republicans and special interests big lying to wine the 2001 election this people (immigrants) be came a big monsters . aliens, criminals, etc. for a fabrication of a dirty nine eleven base on a nots germans , dutch,and British and cia idea ( the birds on to buildings ) to stealing the ocean of iraqi oil .After all this torture to this people now you make a new regulations for them this is a very BIG SHAME .
Jim Norman |
Aug 11, 2011 at 06:44 AM
don't send back the people . the immigration is their right.
Jim Norman |
Aug 11, 2011 at 06:38 AM
ALL I Read and Hear is Vitriol, Ignorance and MYTHS Being Regurgitated and Ingested all over Again...No Doubt- Many of these who are Posting are members of the Local 'KKK' and various other 'Redneck/THUG' Groups-so Blinded by their Bigotry, Xenophobia and Anti-Anyone/Non-White as well as Immigrants-that THEY Lash Out with ALL Their Ignorance and continue to Foment their Agenda of HATE...America Does Not BELONG To YOU Alone Anymore---Get Used To It!!!
Aug 08, 2011 at 03:24 PM
The map of shame is being defined, racism is not a virtue. The tea party fans racism and has created and enemy within.
It is deporabel and insane to deminish a ture symbiotic relation ship with faithful Hispanics.
Create facts not fear.
Manuel Martinez |
Aug 08, 2011 at 09:48 AM
Yes, "everybody" is lining up against the Alabama immigration laws...everybody, that is, except the American public in general, which has become tired and disgusted with our Federal Government's refusal to take the action needed and authorized to stop this invasion of illegal migrants from Latin America (and elsewhere). Sure the usual suspects are against it: the parasitic immigration lawyer bar for obvious reasons, the sending countries in Latin America who fear having to keep and care for their own human garbage, the Leftists, whose ultimate goal is the destruction of the United States, the misguided "clergy", and of course and most understandably some cops who will have to do all the work.
As an ordinary American, I fully support Alabama (and Arizona and Oklahoma et al) and I regret that our Government has so blatantly refused to carry out its own Constitutional obligations in this regard. And to be vary fair, it is not just the Obama administration by any means: neither Bush did anything and the 2d one was so much in the pocket of Vicente Fox that he (Fox)might well have been co-President of the U.S.! Clinton and Carter...forget it, and even the saintly (to Republicans) Ronald Reagan did absolutely nothing to defend our borders.
I pray that Alabama wins these cases, but if Alabama loses, it will be the entire country, the entire American people who really ultimately lose. Contrary to what Mexico believes, we have a right to our own country, to our own history. to our own language and our own ways. Neither Mexico nor any other country have any right to change our country, either through legal bullying or illegal demographics, and my guess is that the American people will not put up with this for much longer. Remember our ancestors and the Bridge at Concord!
Don Miller |
Aug 08, 2011 at 09:47 AM
In re "Alabama versus everyone", we shouldn't try to be like all the countries suing Alabama, but Alabama's immigration law is not terribly harsh compared to theirs (and especially not compared to places like Switzerland). Editorials that focus on other countries' generally half-informed and hypocritical condemnation of us are the way to lose what support immigration reform has. There was an article in the Czech Republic this week talking about how bad unemployment in Alabama is right now, when we are, as in education (shockingly) 25th best (just above the midpoint) among the states. The collapse of the system of ever expanding law codexes that are then serially ignored for favored groups is what ruined the states Alabama has leap-frogged ahead of in education and/or employment, once proud states like Michigan, California and New York, and yet Alabama is not lecturing them. Putting their own house in order is their job.
The immigration law mess is the Federal government's, but the DOJ seeks instead to fix a mess of its own creation by suing the state of Alabama for an ill-considered law instead of fixing the far greater mess of its own immigration policy, regulations and law. The Feds could pre-empt all aspects of immigration law, but they have chosen a deliberate policy of passing the buck for decades interrupted only occasionally by bouts of seriousness like the not so successful 1986 immigration reform or the last President's ill-fated attempt to fix our Rube Goldberg immigration system.
I the absence of Federal reform, Alabama will have to fix whatever messes Alabama made, but the usual cheap shots from abroad will make any rational approach harder, as the various types of people Spiro Agnew once called "pointy heads" who dislike their fellow citizens get hardened in their illusions (my bishop presently contends, quite delusionally, that he may be arrested for serving communion without checking people's papers) and most locals who care get hardened in their opposition to outside interference in local practice instead of focused on what is silly, counter-productive and even harmful about our new layer of regulation. A little more light and less heat would be helpful. How the law should work (if we keep it, which we shouldn't, since 25th best among the states in this economy and in this educational environment is still pretty bad and we have other things we could do with our limited resources) and how it is actually implemented where is what the discussion should be about. Instead I fear all the 'outsider' criticism will make Sherriff Joe Arpaios sprout all over the state, with mediocrities suddenly becoming local heroes.
That's the way I see it anyways.
Honza Prchal |
Aug 08, 2011 at 09:46 AM
I think it's shame when our government refuses to uphold our federal laws, yet won't let the states stop the invasion of illegal foreign nationals coming to America. I feel that Nancy Pelosi, Harry Reid, and Pres. Obama should be brought before an ethics commitee for pandering to the Latino's while ignoring the majority voice of the American people. Over 70% of American citizens want the border secured and illegal immigrants removed. What part of "majority rules" do you people not understand? Any person caught helping an illegal citizen, whether it be hiring them, renting to them or helping them stay here illegally should be charged with aiding and assisting an illegal. That is the law. I find it sickening that a lawyer would turn on his/her own country and it's people to help someone that is blatently breaking and ignoring our laws. If any of your associates get paid by tax dollars for helping and defending these people, that lawyer should be charged for breaking federal law also.
Aug 08, 2011 at 09:46 AM
Who should oppose Alabama's HB56?
Since you asked...
Unions, whose members could be prosecuted for doing their jobs (ambulance drivers, social workers, etc.)
Businesses, whose employees could be prosecuted for doing their jobs (customer service, etc.)
Churches, whose members could be prosecuted for acting on their faith
Alabamans, whose right to carry on their lives is now no more protected than the least documented immigrant
That's a start.
Howard Hudson |
Aug 08, 2011 at 09:45 AM
This would also have a potential impact on medical professionals who are sworn to minister to the sick and injured.
P. Diane S. |
Aug 08, 2011 at 09:44 AM
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