Mexico: Background and U.S. Relations
March
March
721, 2022 , 2022
Mexico, the 10th most populous country and 15th largest economy in the world, is bound to the
Mexico, the 10th most populous country and 15th largest economy in the world, is bound to the
United States by geography and strong economic, cultural, and historical ties. In addition to United States by geography and strong economic, cultural, and historical ties. In addition to
Clare Ribando Seelke
sharing a nearly 2,000-mile border with the United States, Mexico is among the top U.S. trade
sharing a nearly 2,000-mile border with the United States, Mexico is among the top U.S. trade
Specialist in Latin
Specialist in Latin
partners and a major U.S. energy supplier. These ties frequently manifest themselves in
partners and a major U.S. energy supplier. These ties frequently manifest themselves in
American Affairs
American Affairs
legislative activity and interest across a wide spectrum of issues in Congress.
legislative activity and interest across a wide spectrum of issues in Congress.
Joshua Klein
Andrés Manuel López Obrador, the populist leader of the National Regeneration Movement
Andrés Manuel López Obrador, the populist leader of the National Regeneration Movement
Presidential Management
Presidential Management
(MORENA) party, which he created in 2014, took office for a six-year term in December 2018.
(MORENA) party, which he created in 2014, took office for a six-year term in December 2018.
Fellow
Fellow
President López Obrador has remained popular (54% approval in February 2022), likely as a
President López Obrador has remained popular (54% approval in February 2022), likely as a
result of his delivery on social programs and ability to connect with voters, even as his
result of his delivery on social programs and ability to connect with voters, even as his
government has struggled to address organized crime-related violence, corruption, and the government has struggled to address organized crime-related violence, corruption, and the
Coronavirus Disease 2019 (COVID-19) pandemic. According to the International Monetary Fund
Coronavirus Disease 2019 (COVID-19) pandemic. According to the International Monetary Fund
(IMF), Mexico’s economy contracted by 8.2% in 2020. The economy expanded 5.3% in 2021, but the IMF predicts 2.8% (IMF), Mexico’s economy contracted by 8.2% in 2020. The economy expanded 5.3% in 2021, but the IMF predicts 2.8%
growth this year. growth this year.
U.S. Policy
U.S.-Mexico relations have remained generally cordial, with Mexico playing a key role in helping control U.S.-bound U.S.-Mexico relations have remained generally cordial, with Mexico playing a key role in helping control U.S.-bound
irregular migration. Tensions have emerged, however, over trade policy and tariffs, border security issues, and U.S. arrests of irregular migration. Tensions have emerged, however, over trade policy and tariffs, border security issues, and U.S. arrests of
high-level former officials on drug trafficking and related charges. President Joe Biden and President López Obrador held high-level former officials on drug trafficking and related charges. President Joe Biden and President López Obrador held
bilateral and trilateral (with Canadian Prime Minister Justin Trudeau) meetings during the North American Leaders summit bilateral and trilateral (with Canadian Prime Minister Justin Trudeau) meetings during the North American Leaders summit
in November 2021. U.S. policymakers remain concerned about synthetic drug flows from Mexico, implementation of the in November 2021. U.S. policymakers remain concerned about synthetic drug flows from Mexico, implementation of the
U.S-Mexico-Canada Free Trade Agreement (USMCA), and a range of human rights issues, including recent killings of U.S-Mexico-Canada Free Trade Agreement (USMCA), and a range of human rights issues, including recent killings of
Mexican journalists and enforced disappearances. Key issues of congressional interest discussed in this report include the Mexican journalists and enforced disappearances. Key issues of congressional interest discussed in this report include the
following: following:
Security Cooperation: Members of Congress may continue to fund and oversee bilateral efforts to combat Members of Congress may continue to fund and oversee bilateral efforts to combat
cross-border crime, improve law enforcement cooperation, and strengthen the rule of law in Mexico under
cross-border crime, improve law enforcement cooperation, and strengthen the rule of law in Mexico under
the new Bicentennial Framework security partnership signed in October 2021. the new Bicentennial Framework security partnership signed in October 2021.
Irregular Immigration: Congress may continue to monitor efforts to reduce irregular U.S.-bound Congress may continue to monitor efforts to reduce irregular U.S.-bound
migration, including policies that require bilateral cooperation, such as the Migrant Protection Protocols
migration, including policies that require bilateral cooperation, such as the Migrant Protection Protocols
(MPP) initiative. (MPP) initiative.
Human Rights: Members of Congress may continue to support Mexico’s effort to address human rights Members of Congress may continue to support Mexico’s effort to address human rights
challenges, including violence against journalists and human rights defenders for whom homicide rates in
challenges, including violence against journalists and human rights defenders for whom homicide rates in
Mexico are extremely elevated. Mexico are extremely elevated.
USMCA: Congress may closely monitor both countries’ adherence to the USMCA, with particular interest Congress may closely monitor both countries’ adherence to the USMCA, with particular interest
in labor conditions in Mexico and a proposed reform of Mexico’s electricity sector that may violate key
in labor conditions in Mexico and a proposed reform of Mexico’s electricity sector that may violate key
provisions of the agreement. provisions of the agreement.
Border Environmental Concerns: Members of Congress may continue to conduct oversight on attempts Members of Congress may continue to conduct oversight on attempts
to resolve long-standing transboundary pollution issues and water sharing on the southwest border and may
to resolve long-standing transboundary pollution issues and water sharing on the southwest border and may
consider funding for infrastructure improvements to address such problems.consider funding for infrastructure improvements to address such problems.
Legislative Action
Congress has appropriated foreign assistance for Mexico and has overseen bilateral efforts to address U.S.-bound Congress has appropriated foreign assistance for Mexico and has overseen bilateral efforts to address U.S.-bound
unauthorized migration, illegal drug flows, the COVID-19 pandemic, and USMCA implementation. Congress unauthorized migration, illegal drug flows, the COVID-19 pandemic, and USMCA implementation. Congress
is considering the Biden Administration’s FY2022 foreign assistance request for Mexico of $116.5 million, which is nearly 27% lower than the estimated FY2021 appropriation of $158.9 million. The House-passed version of the FY2022 foreign aid appropriations bill (H.R. 4373, H.Rept. 117-84) would provide $158.9 million for assistance to Mexico, with several reporting requirements. The FY2022 foreign aid bill introduced in the Senate (S. 3075) would not stipulate a total funding level for Mexicoappropriated $158.9 million for Mexico in the Consolidated Appropriations Act, 2022 (H.R. 2471/P.L. 117-103), 27% above the Biden Administration’s $116.5 million request. Other . Other
legislation that would affect U.S. relations with Mexico includes H.R. 3524 reported by the House Committee on Foreign legislation that would affect U.S. relations with Mexico includes H.R. 3524 reported by the House Committee on Foreign
Affairs in July 2021. The bill would require a report on how the United States, Mexico, and Canada could work together to Affairs in July 2021. The bill would require a report on how the United States, Mexico, and Canada could work together to
reduce methane and other emissions and implement Article 23.6 of the USMCA, which prohibits importation of goods reduce methane and other emissions and implement Article 23.6 of the USMCA, which prohibits importation of goods
produced by forced labor. S. 1201, introduced in the Senate in April 2021, contains similar provisions. produced by forced labor. S. 1201, introduced in the Senate in April 2021, contains similar provisions.
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Mexico: Background and U.S. Relations
Contents
Introduction ..................................................................................................................................... 1
Background ..................................................................................................................................... 1
Political and Economic Environment .............................................................................................. 3
Security Conditions ................................................................................................................... 4
Addressing Corruption and Impunity ........................................................................................ 6
Human Rights............................................................................................................................ 8
Economic and Social Conditions ............................................................................................ 10
López Obrador Government’s Economic and Energy Policies ......................................... 11
COVID-19 ........................................................................................................................ 12
Social Conditions .............................................................................................................. 13
Foreign Policy ......................................................................................................................... 14
U.S.-Mexican Relations and Issues for Congress.......................................................................... 14
Counternarcotics, Security Cooperation, and U.S. Foreign Aid ............................................. 15
Law Enforcement Cooperation and Extraditions .................................................................... 18
Human Rights.......................................................................................................................... 19
Migration and Border Issues ................................................................................................... 21
Migrant Protection Protocols ............................................................................................ 22
Title 42 .............................................................................................................................. 22
Economic and Trade Relations and the U.S.-Mexico-Canada Agreement .............................. 23
Modernizing the U.S.-Mexican Border............................................................................. 24
U.S.-Mexico-Canada Agreement ...................................................................................... 25
Energy ..................................................................................................................................... 26
Selected Border Environmental Issues .................................................................................... 27
International Boundary and Water Commission ............................................................... 28
North American Development Bank ................................................................................. 29
U.S. Environmental Protection Agency ............................................................................ 3029
Water Resource Issues ............................................................................................................. 31
U.S.-Mexican Health Cooperation .......................................................................................... 3332
Other Legislative Action................................................................................................................ 34
Outlook .......................................................................................................................................... 35
Figures
Figure 1. Mexico at a Glance .......................................................................................................... 2
Figure 2. Composition of the Mexican Congress by Party, as of March 2022 ................................ 4
Figure 3. Estimated Organized Crime-Related Homicides in Mexico ............................................ 5
Figure 4. U.S.-Mexican Security Cooperation Frameworks ......................................................... 16
Figure 5. Extraditions from Mexico to the United States: 1999-2021 .......................................... 18
Figure 6. Mexico: Apprehensions and Asylum Applications Received ........................................ 22
Tables
Table 1. U.S. Assistance to Mexico: FY2018-FY2022 ................................................................. 17
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Mexico: Background and U.S. Relations
Table A-1. Estimated Mérida Initiative/Bicentennial Framework Funding: FY2008-FY2022 ............................................. 36
Appendixes
Appendix. Mérida Initiative Funding ............................................................................................ 36
Contacts
Author Information ........................................................................................................................ 37
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Mexico: Background and U.S. Relations
Introduction
Congress has maintained interest in Mexico, a neighboring country and top trading partner with Congress has maintained interest in Mexico, a neighboring country and top trading partner with
which the United States has a close but complex relationship (seewhich the United States has a close but complex relationship (see
Figure 1). In recent decades, . In recent decades,
bilateral relations improved as the U.S. and Mexican economies became more integrated and the bilateral relations improved as the U.S. and Mexican economies became more integrated and the
countries worked together to address crime, migration, and other issues of shared concern. countries worked together to address crime, migration, and other issues of shared concern.
Disagreements on these issues have emerged on occasion. In addition, the history of U.S. military Disagreements on these issues have emerged on occasion. In addition, the history of U.S. military
and diplomatic intervention in Mexico has periodically provoked tension.1 and diplomatic intervention in Mexico has periodically provoked tension.1
Congress remains concerned about the effects of organized crime-related violence in Mexico on
Congress remains concerned about the effects of organized crime-related violence in Mexico on
U.S. security interests and about U.S. citizens’ safety in Mexico. It has increased oversight of U.S. security interests and about U.S. citizens’ safety in Mexico. It has increased oversight of
U.S.-Mexican security cooperation and may continue to do so as the two nations implement the U.S.-Mexican security cooperation and may continue to do so as the two nations implement the
US-Mexico Bicentennial Framework agreement.2 Congress has continued to appropriate foreign US-Mexico Bicentennial Framework agreement.2 Congress has continued to appropriate foreign
assistance for Mexico and oversee bilateral efforts to address illegal drug flows, unauthorized assistance for Mexico and oversee bilateral efforts to address illegal drug flows, unauthorized
migration, environmental issues, and the Coronavirus Disease 2019 (COVID-19) pandemic. migration, environmental issues, and the Coronavirus Disease 2019 (COVID-19) pandemic.
Implementation of the United States-Mexico-Canada Free Trade Agreement (USMCA) and its Implementation of the United States-Mexico-Canada Free Trade Agreement (USMCA) and its
labor commitments, Mexico’s treatment of U.S. energy firms, and border environmental and labor commitments, Mexico’s treatment of U.S. energy firms, and border environmental and
water issues may receive oversight attention. water issues may receive oversight attention.
This report provides an overview of political and economic conditions in Mexico, followed by
This report provides an overview of political and economic conditions in Mexico, followed by
overviews of selected issues of congressional interest in Mexico—security and foreign aid; overviews of selected issues of congressional interest in Mexico—security and foreign aid;
extraditions; human rights, trade; migration; energy; and border environmental, water, and health extraditions; human rights, trade; migration; energy; and border environmental, water, and health
concerns. concerns.
Background
Over the past two decades, Mexico has transitioned from a centralized political system dominated Over the past two decades, Mexico has transitioned from a centralized political system dominated
by the Institutional Revolutionary Party (PRI), which controlled the presidency from 1929-2000, by the Institutional Revolutionary Party (PRI), which controlled the presidency from 1929-2000,
to a true multiparty democracy.3 Since the 1990s, presidential power has become more balanced to a true multiparty democracy.3 Since the 1990s, presidential power has become more balanced
with that of Mexico’s Congress and Supreme Court. Partially as a result of these new constraints with that of Mexico’s Congress and Supreme Court. Partially as a result of these new constraints
on executive power, the country’s first two presidents from the conservative National Action on executive power, the country’s first two presidents from the conservative National Action
Party (PAN)—Vicente Fox (2000-2006) and Felipe Calderón (2006-2012)—struggled to enact Party (PAN)—Vicente Fox (2000-2006) and Felipe Calderón (2006-2012)—struggled to enact
some of the reforms designed to address Mexico’s economic and security challenges. some of the reforms designed to address Mexico’s economic and security challenges.
The Calderón government pursued an aggressive anticrime strategy and increased security
The Calderón government pursued an aggressive anticrime strategy and increased security
cooperation with the United States. Mexico extradited many drug kingpins, but some 60,000 cooperation with the United States. Mexico extradited many drug kingpins, but some 60,000
people died due to organized crime-related violence. Security challenges overshadowed the people died due to organized crime-related violence. Security challenges overshadowed the
government’s achievements, including its economic stewardship during the global financial crisis, government’s achievements, including its economic stewardship during the global financial crisis,
health care expansion and management of the H1N1 pandemic, and efforts on climate change. health care expansion and management of the H1N1 pandemic, and efforts on climate change.
In 2012, the PRI regained control of the presidency after 12 years in the opposition with a victory
In 2012, the PRI regained control of the presidency after 12 years in the opposition with a victory
by Enrique Peña Nieto over Andrés Manuel López Obrador, then standing for the leftist by Enrique Peña Nieto over Andrés Manuel López Obrador, then standing for the leftist
Democratic Revolutionary Party (PRD). In 2013, Peña Nieto shepherded reforms addressing Democratic Revolutionary Party (PRD). In 2013, Peña Nieto shepherded reforms addressing
energy, education, access to finance, and politics through the legislature by forming an agreement energy, education, access to finance, and politics through the legislature by forming an agreement
among the PRI, PAN, and PRD. The energy reform opened Mexico’s energy sector to private among the PRI, PAN, and PRD. The energy reform opened Mexico’s energy sector to private
1 Peter H. Smith and Andrew Selee, eds., 1 Peter H. Smith and Andrew Selee, eds.,
Mexico and the United States: the Politics of Partnership (Boulder, CO: (Boulder, CO:
Lynne Rienner Publishers, 2013). Lynne Rienner Publishers, 2013).
2 White House, “FACT SHEET: U.S.-Mexico High-Level Security Dialogue,” October 8, 2022; CRS Insight IN11859,
2 White House, “FACT SHEET: U.S.-Mexico High-Level Security Dialogue,” October 8, 2022; CRS Insight IN11859,
New U.S.-Mexico Security Strategy: Issues for Congressional Consideration. .
3 Emily Edmonds Poli and David A. Shirk,
3 Emily Edmonds Poli and David A. Shirk,
Contemporary Mexican Politics..
4th ed. (Lanham, MD: Rowman & 4th ed. (Lanham, MD: Rowman &
Littlefield, 2020). Littlefield, 2020).
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Mexico: Background and U.S. Relations
investment, prompting foreign companies to pledge hundreds of billions of dollars of new
investment, prompting foreign companies to pledge hundreds of billions of dollars of new
investment in the country. During Peña Nieto’s term, Mexico continued to contend with high investment in the country. During Peña Nieto’s term, Mexico continued to contend with high
levels of homicides, moderate economic growth (averaging 2% annually), and pervasive levels of homicides, moderate economic growth (averaging 2% annually), and pervasive
corruption and impunity. corruption and impunity.
Figure 1. Mexico at a Glance
Sources: Created by CRS using data from CIA World Factbook (CIA), Mexico’s National Council for the Created by CRS using data from CIA World Factbook (CIA), Mexico’s National Council for the
Evaluation of Social Development Policy (CONEVAL), the International Monetary Fund (IMF), Mexico’s National Evaluation of Social Development Policy (CONEVAL), the International Monetary Fund (IMF), Mexico’s National
Institute of Statistics and Geography (INEGI), and the Trade Data Monitor (TDM). Institute of Statistics and Geography (INEGI), and the Trade Data Monitor (TDM).
Notes: Mexico’s 2020 census did not include ethnicity; two questions asked people whether they self-identify as Mexico’s 2020 census did not include ethnicity; two questions asked people whether they self-identify as
Indigenous language speakers (6.1% of the population) or as Afro-Mexican or Afro-descendant (2% of the Indigenous language speakers (6.1% of the population) or as Afro-Mexican or Afro-descendant (2% of the
population). See the National Institute of Statistics and Geography, population). See the National Institute of Statistics and Geography,
Así Se Contó México, 2021. , 2021.
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Political and Economic Environment
On July 1, 2018, Mexican voters gave Andrés Manuel López Obrador and MORENA a mandate On July 1, 2018, Mexican voters gave Andrés Manuel López Obrador and MORENA a mandate
to change the course of Mexico’s domestic policies. After campaigning on a platform pledging to to change the course of Mexico’s domestic policies. After campaigning on a platform pledging to
root out corruption while lifting up the poor, López Obrador and his MORENA coalition root out corruption while lifting up the poor, López Obrador and his MORENA coalition
dominated Mexico’s presidential and legislative elections. Originally from the southern state of dominated Mexico’s presidential and legislative elections. Originally from the southern state of
Tabasco, López Obrador, a former mayor of Mexico City (2000-2005), had run for president in Tabasco, López Obrador, a former mayor of Mexico City (2000-2005), had run for president in
the past two elections. After his 2012 loss, he left the center-left PRD and founded MORENA. the past two elections. After his 2012 loss, he left the center-left PRD and founded MORENA.
MORENA, a leftist party, ran in coalition with the socially conservative Social Encounter Party
MORENA, a leftist party, ran in coalition with the socially conservative Social Encounter Party
(PES) and the leftist Labor Party (PT). López Obrador won 53.2% of the presidential vote, more (PES) and the leftist Labor Party (PT). López Obrador won 53.2% of the presidential vote, more
than 30 percentage points ahead of his nearest rival. López Obrador won in 31 of 32 states, than 30 percentage points ahead of his nearest rival. López Obrador won in 31 of 32 states,
demonstrating that he had broadened his support from his base in southern Mexico. demonstrating that he had broadened his support from his base in southern Mexico.
Four years into his term, President López Obrador has proven adept at connecting with his
Four years into his term, President López Obrador has proven adept at connecting with his
constituents but has struggled to adjust his priorities, even as Mexico has yet to reduce organized constituents but has struggled to adjust his priorities, even as Mexico has yet to reduce organized
crime-related violence and recover from the COVID-19 pandemic. López Obrador has shaped crime-related violence and recover from the COVID-19 pandemic. López Obrador has shaped
daily news coverage by convening early morning press conferences and traveling throughout the daily news coverage by convening early morning press conferences and traveling throughout the
country to attend large, campaign-style rallies. He also has attempted to take advantage of country to attend large, campaign-style rallies. He also has attempted to take advantage of
electoral processes to increase his political capital; his MORENA party pushed to hold a costly electoral processes to increase his political capital; his MORENA party pushed to hold a costly
presidential recall election in April 2022 to demonstrate his broad popularity.4 Mexico’s presidential recall election in April 2022 to demonstrate his broad popularity.4 Mexico’s
independent electoral body has maintained it lacks adequate funding for the referendum.5 Until a independent electoral body has maintained it lacks adequate funding for the referendum.5 Until a
recent corruption scandal involving his son, President López Obrador had an approval rating of recent corruption scandal involving his son, President López Obrador had an approval rating of
64% (January 2022), likely due to his delivery on social programs.6 64% (January 2022), likely due to his delivery on social programs.6
President López Obrador has criticized media outlets that question his policies and reduced
President López Obrador has criticized media outlets that question his policies and reduced
funding for independent government entities and regulators that could check his presidential funding for independent government entities and regulators that could check his presidential
power, alarming democracy experts.7 López Obrador’s administration has cut public sector power, alarming democracy experts.7 López Obrador’s administration has cut public sector
salaries and ministry budgets, especially those of autonomous institutions that he proposes to salaries and ministry budgets, especially those of autonomous institutions that he proposes to
eliminate or merge into existing bureaucracies. Leadership for some independent institutions has eliminate or merge into existing bureaucracies. Leadership for some independent institutions has
been replaced in favor of those with ties to the president.8 been replaced in favor of those with ties to the president.8
On June 6, 2021, Mexico held local, state, and midterm legislative elections that many analysts
On June 6, 2021, Mexico held local, state, and midterm legislative elections that many analysts
framed as a referendum on President López Obrador and his policies halfway through his six-year framed as a referendum on President López Obrador and his policies halfway through his six-year
presidential term. The PRI, PAN, and PRD formed an opposition coalition to challenge López presidential term. The PRI, PAN, and PRD formed an opposition coalition to challenge López
Orbrador and MORENA. MORENA candidates dominated the gubernatorial elections, winning Orbrador and MORENA. MORENA candidates dominated the gubernatorial elections, winning
11 of 15 governorships. In legislative elections, López Obrador’s party lost its simple majority 11 of 15 governorships. In legislative elections, López Obrador’s party lost its simple majority
and the absolute majority it held with allied parties. López Obrador received less support from the and the absolute majority it held with allied parties. López Obrador received less support from the
middle class than he did when he won the presidency but more support from poorer voters who middle class than he did when he won the presidency but more support from poorer voters who
4 A recall election is a procedure by which voters can remove an elected official from office (in this case the president) 4 A recall election is a procedure by which voters can remove an elected official from office (in this case the president)
through a referendum before that official’s term of office has ended. through a referendum before that official’s term of office has ended.
5 “Mexico: SCJN Rejects INE’s Suspension of Recall Vote,”
5 “Mexico: SCJN Rejects INE’s Suspension of Recall Vote,”
Latin News Daily, December 23, 2021. Budget cuts to the , December 23, 2021. Budget cuts to the
National Electoral Institute (INE), Mexico’s independent electoral management body, prompted its leadership to National Electoral Institute (INE), Mexico’s independent electoral management body, prompted its leadership to
suspend a presidential recall election scheduled for April 2022 until the Mexican Supreme Court overturned INE’s suspend a presidential recall election scheduled for April 2022 until the Mexican Supreme Court overturned INE’s
decision, leading some to question the court’s independence from the administration. decision, leading some to question the court’s independence from the administration.
6 Carin Zissis, “Approval Tracker: Mexico’s President AMLO,” March 3, 2022. 6 Carin Zissis, “Approval Tracker: Mexico’s President AMLO,” March 3, 2022.
7 See Freedom House, 7 See Freedom House,
Freedom in the World 2021: Mexico, 2021; “Órganos Autónomos, AMLO no los ha Olvidado: , 2021; “Órganos Autónomos, AMLO no los ha Olvidado:
‘Apura’ Reforma para que Sean Eliminados,” ‘Apura’ Reforma para que Sean Eliminados,”
El Financiero, November 4, 2021. , November 4, 2021.
8 Francesco Manetto, “Del INE al Banco de México: la Tensión con los Órganos Autónomos Marca un año Clave para 8 Francesco Manetto, “Del INE al Banco de México: la Tensión con los Órganos Autónomos Marca un año Clave para
López Obrador,” López Obrador,”
El País, January 9, 2022 , January 9, 2022
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Mexico: Background and U.S. Relations
have benefitted from his administration’s social welfare policies.9 Despite violence throughout
have benefitted from his administration’s social welfare policies.9 Despite violence throughout
the electoral process, the elections themselves reportedly ran smoothly, with no protests, evidence the electoral process, the elections themselves reportedly ran smoothly, with no protests, evidence
of fraud, or challenges to the results.of fraud, or challenges to the results.
10 10
Figure 2. Composition of the Mexican Congress by Party, as of March 2022
Source: Created by CRS using data from the Mexican chamber of deputies and Mexican senate. Created by CRS using data from the Mexican chamber of deputies and Mexican senate.
Notes: MORENA = National Regeneration Movement; PVEM = Green Party; PT = Worker’s Party; PAN = MORENA = National Regeneration Movement; PVEM = Green Party; PT = Worker’s Party; PAN =
National Action Party; PRI = Institutional Revolutionary Party; MC = Citizen’s Movement; PRD = Democratic National Action Party; PRI = Institutional Revolutionary Party; MC = Citizen’s Movement; PRD = Democratic
Revolutionary Party; and PES = Social Encounter Party. Revolutionary Party; and PES = Social Encounter Party.
As of March 2022, MORENA controlled 60 of 128 seats in the senate and 202 of 500 seats in the
As of March 2022, MORENA controlled 60 of 128 seats in the senate and 202 of 500 seats in the
chamber (Sechamber (Se
e Figure 2). The MORENA-led coalition, which is ad hoc but often includes the PT, . The MORENA-led coalition, which is ad hoc but often includes the PT,
PES, and Green Party (PVEM), controls 277 seats in the chamber and 74 seats in the senate, short PES, and Green Party (PVEM), controls 277 seats in the chamber and 74 seats in the senate, short
of the two thirds majority needed to make constitutional amendments. This may pose challenges of the two thirds majority needed to make constitutional amendments. This may pose challenges
for López Obrador’s plans to make constitutional reforms during the second half of his term. for López Obrador’s plans to make constitutional reforms during the second half of his term.
Those reforms include a proposed energy reform that would severely limit private sector Those reforms include a proposed energy reform that would severely limit private sector
involvement in the electricity sector. The government also plans to place the National Guard, a involvement in the electricity sector. The government also plans to place the National Guard, a
military-led federal law enforcement body it created, under the authority of the defense ministry military-led federal law enforcement body it created, under the authority of the defense ministry
and restructure the electoral authority.11 and restructure the electoral authority.11
Security Conditions
From 2015 to 2018, the homicide rate in Mexico surged some 71%, reaching a record 29 From 2015 to 2018, the homicide rate in Mexico surged some 71%, reaching a record 29
homicides per 100,000 people.12 Homicides in Mexico have remained near those record-setting homicides per 100,000 people.12 Homicides in Mexico have remained near those record-setting
levels, even during the COVID-19 pandemic.13 For over a decade, high levels of homicides have levels, even during the COVID-19 pandemic.13 For over a decade, high levels of homicides have
been driven, in part, by increasing organized crime-related violence (seebeen driven, in part, by increasing organized crime-related violence (see
Figure 3).14 14
9 Maria Verza, “Head of Mexico’s Governing Party Cites Middle Class Failings,” AP, June 11, 2021. 9 Maria Verza, “Head of Mexico’s Governing Party Cites Middle Class Failings,” AP, June 11, 2021.
10 Etellekt: 10 Etellekt:
Séptimo Informe de Violencia Política en México Proceso Electoral 2020-2021, June 2021. June 2021.
11 Economist Intelligence Unit (EIU), “AMLO Outlines Three Constitutional Reforms,” June 22, 2021 11 Economist Intelligence Unit (EIU), “AMLO Outlines Three Constitutional Reforms,” June 22, 2021
12 United Nations Office on Drugs and Crime (UNODC), Global Homicide database, at https://dataunodc.un.org/12 United Nations Office on Drugs and Crime (UNODC), Global Homicide database, at https://dataunodc.un.org/
content/Country-profile?country=Mexico. content/Country-profile?country=Mexico.
13 Laura Y. Calderón et al.,
13 Laura Y. Calderón et al.,
Organized Crime and Violence in Mexico: 2021 Special Report,,
Justice in Mexico, Justice in Mexico,
University of San Diego, October 2021. Hereinafter Calderón et al., University of San Diego, October 2021. Hereinafter Calderón et al.,
Organized Crime and Violence in Mexico, 2021. , 2021.
14 Infighting among criminal groups has intensified since the rise of the Jalisco New Generation, or CJNG, cartel. See
14 Infighting among criminal groups has intensified since the rise of the Jalisco New Generation, or CJNG, cartel. See
CRS Report R41576, CRS Report R41576,
Mexico: Organized Crime and Drug Trafficking Organizations, by June S. Beittel. , by June S. Beittel.
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Figure 3. Estimated Organized Crime-Related Homicides in Mexico
(2008-2021)
(2008-2021)
Source: Created by CRS. Information from Lantia Consultores, a Mexican security firm. Created by CRS. Information from Lantia Consultores, a Mexican security firm.
Femicides (targeted killing of women) and disappearances have increased in recent years. Mexico
Femicides (targeted killing of women) and disappearances have increased in recent years. Mexico
recorded over 940 femicides each year in 2019 and 2020, an increase of approximately 129% recorded over 940 femicides each year in 2019 and 2020, an increase of approximately 129%
from 2015 levels.15 In November 2021, the U.N. Committee on Enforced Disappearances from 2015 levels.15 In November 2021, the U.N. Committee on Enforced Disappearances
conducted a fact-finding mission in Mexico and announced that more than 95,000 people had conducted a fact-finding mission in Mexico and announced that more than 95,000 people had
been reported missing.16 Many people have been missing since former president Calderón been reported missing.16 Many people have been missing since former president Calderón
launched a “drug war” in 2006.17 launched a “drug war” in 2006.17
U.S. drug demand, as well as bulk cash smuggling and weapons smuggling into Mexico from the
U.S. drug demand, as well as bulk cash smuggling and weapons smuggling into Mexico from the
United States, have fueled drug trafficking-related violence in Mexico for over a decade. Recent United States, have fueled drug trafficking-related violence in Mexico for over a decade. Recent
violence may be attributable to competition for the production and trafficking of synthetic violence may be attributable to competition for the production and trafficking of synthetic
opioids.18 In November 2019, drug traffickers killed nine women and children from an extended opioids.18 In November 2019, drug traffickers killed nine women and children from an extended
family of dual U.S.-Mexican citizens in Sonora, prompting significant U.S. concern.19 family of dual U.S.-Mexican citizens in Sonora, prompting significant U.S. concern.19
President López Obrador has rejected calls for a “war” on transnational criminal organizations.
President López Obrador has rejected calls for a “war” on transnational criminal organizations.
Instead, his administration’s security strategy includes a focus on addressing the socioeconomic Instead, his administration’s security strategy includes a focus on addressing the socioeconomic
drivers of violent crime and other novel policies.20 The administration launched a program that drivers of violent crime and other novel policies.20 The administration launched a program that
provides scholarships to youth to attend university or complete internships. No one has evaluated provides scholarships to youth to attend university or complete internships. No one has evaluated
the program’s effects on youth employability or crime prevention,21 and auditors have uncovered the program’s effects on youth employability or crime prevention,21 and auditors have uncovered
irregularities in the program’s implementation.22 Mexico’s senate passed legislation to irregularities in the program’s implementation.22 Mexico’s senate passed legislation to
15 Calderón et al., 15 Calderón et al.,
Organized Crime and Violence in Mexico, 2021. , 2021.
16 “Mexico: Over 95,000 Registered as Disappeared, Impunity ‘Almost Absolute,’” 16 “Mexico: Over 95,000 Registered as Disappeared, Impunity ‘Almost Absolute,’”
U.N. News, November 29, 2021. , November 29, 2021.
See CRS In Focus IF11669, See CRS In Focus IF11669,
Human Rights Challenges in Mexico: Addressing Enforced Disappearances. .
17 Maritza Pérez, “Segob Reporta 77,171 Personas Desaparecidas en México al Corte de Septiembre de 2020,”
17 Maritza Pérez, “Segob Reporta 77,171 Personas Desaparecidas en México al Corte de Septiembre de 2020,”
El
Economista, October 7, 2020. , October 7, 2020.
18 Steve Dudley, “The End of the Big Cartels: Why There Won’t be Another El Chapo,”
18 Steve Dudley, “The End of the Big Cartels: Why There Won’t be Another El Chapo,”
Foreign Affairs, February 27, , February 27,
2019; Eimhin O’Reilly, “Fentanyl Trade Fuels Cartel Battle in Central Mexico,” 2019; Eimhin O’Reilly, “Fentanyl Trade Fuels Cartel Battle in Central Mexico,”
InSight Crime, March 2, 2020. , March 2, 2020.
19 Lizbeth Diaz, “Nine Americans Killed in Mexican Ambush, Trump Urges Joint war on Drug Cartels,” Reuters, 19 Lizbeth Diaz, “Nine Americans Killed in Mexican Ambush, Trump Urges Joint war on Drug Cartels,” Reuters,
November 5, 2019. November 5, 2019.
20 Vanda Felbab-Brown,
20 Vanda Felbab-Brown,
AMLO’s Security Policy: Creative Ideas, Tough Reality,,
Brookings Institution, March 2019. Brookings Institution, March 2019.
21 Alán Lopez, “Jovenes Perdiendo su Futúro,” 21 Alán Lopez, “Jovenes Perdiendo su Futúro,”
Nexos,,
February 17, 2020. February 17, 2020.
22 Zenyazen Flores, “Estas son las Irregularidades que la ASF Encontró en Jóvenes Construyendo el Futuro,” 22 Zenyazen Flores, “Estas son las Irregularidades que la ASF Encontró en Jóvenes Construyendo el Futuro,”
El
Financiero,,
February 21, 2021. February 21, 2021.
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decriminalize marijuana production and distribution to comply with a Mexican Supreme Court
decriminalize marijuana production and distribution to comply with a Mexican Supreme Court
ruling; it is before the chamber.23 ruling; it is before the chamber.23
At the same time, President López Obrador abandoned a key campaign promise by expanding,
At the same time, President López Obrador abandoned a key campaign promise by expanding,
rather than limiting, the military’s role in public security and in a broad array of other public rather than limiting, the military’s role in public security and in a broad array of other public
sector tasks.24 In 2019, López Obrador backed constitutional reforms that created a National sector tasks.24 In 2019, López Obrador backed constitutional reforms that created a National
Guard, and in May 2020 he signed a decree to allow military involvement in public security to Guard, and in May 2020 he signed a decree to allow military involvement in public security to
continue for five more years, under civilian supervision.25 Mexico’s National Guard (composed continue for five more years, under civilian supervision.25 Mexico’s National Guard (composed
mostly of military police units of the army and navy, as well as former federal police) has been mostly of military police units of the army and navy, as well as former federal police) has been
tasked with reasserting territorial control in high-crime areas, border and immigration tasked with reasserting territorial control in high-crime areas, border and immigration
enforcement, and communications interception.26 However, military and law enforcement forces enforcement, and communications interception.26 However, military and law enforcement forces
reportedly have been prohibited from undertaking operations that involve a visible show of force reportedly have been prohibited from undertaking operations that involve a visible show of force
in an effort to reduce civilian deaths caused by firefights between security forces and organized in an effort to reduce civilian deaths caused by firefights between security forces and organized
crime.27 Reports suggest that as federal operations have declined, criminal organizations have crime.27 Reports suggest that as federal operations have declined, criminal organizations have
begun to use increasingly lethal technology, such as drone-mounted bombs, to expand their begun to use increasingly lethal technology, such as drone-mounted bombs, to expand their
territory.28 State and local police forces charged with investigating most crimes, including territory.28 State and local police forces charged with investigating most crimes, including
homicides, have received less federal support from the López Obrador government than they homicides, have received less federal support from the López Obrador government than they
received under prior administrations.29 received under prior administrations.29
Addressing Corruption and Impunity
Corruption is an issue at all levels of government and among all political parties in Mexico. At Corruption is an issue at all levels of government and among all political parties in Mexico. At
least 20 former governors (many from former president Peña Nieto’s PRI party) are under least 20 former governors (many from former president Peña Nieto’s PRI party) are under
investigation for corruption. In December 2019, Genaro García Luna, who served as public investigation for corruption. In December 2019, Genaro García Luna, who served as public
security minister during the PAN administration of President Calderón, was arrested in the United security minister during the PAN administration of President Calderón, was arrested in the United
States on charges of accepting millions of dollars in bribes from the Sinaloa Cartel; he is pending States on charges of accepting millions of dollars in bribes from the Sinaloa Cartel; he is pending
trial in New York.30 In October 2020, the U.S. arrest of former Mexican Defense Minister trial in New York.30 In October 2020, the U.S. arrest of former Mexican Defense Minister
Salvador Cienfuegos (2012-2018) on drug and money-laundering charges surprised and angered Salvador Cienfuegos (2012-2018) on drug and money-laundering charges surprised and angered
the Mexican government. Responding to Mexican pressure, the United States agreed to drop the the Mexican government. Responding to Mexican pressure, the United States agreed to drop the
case and allow Cienfuegos to return to Mexico, where he was exonerated of all charges.31 case and allow Cienfuegos to return to Mexico, where he was exonerated of all charges.31
President López Obrador has taken steps to combat corruption, but the key institutions to detect
President López Obrador has taken steps to combat corruption, but the key institutions to detect
and address corrupt offenses—such as the new criminal justice system, the Prosecutor General’s and address corrupt offenses—such as the new criminal justice system, the Prosecutor General’s
Office, and the National Anti-corruption System—remain underfunded. President López Obrador Office, and the National Anti-corruption System—remain underfunded. President López Obrador
23 Juan Montes, “Mexico Set to Become World’s Largest Legal Cannabis Market,” 23 Juan Montes, “Mexico Set to Become World’s Largest Legal Cannabis Market,”
Wall Street Journal, December 29, , December 29,
2020. 2020.
24 Craig Deare,
24 Craig Deare,
Militarization a la AMLO: How Bad Can It Get?, Wilson Center, September 2021. , Wilson Center, September 2021.
25 Those reforms contradict a 2018 Mexico Supreme Court ruling that prolonged military involvement in public 25 Those reforms contradict a 2018 Mexico Supreme Court ruling that prolonged military involvement in public
security violated the Mexican Constitution. security violated the Mexican Constitution.
26 Iñigo Guevara,
26 Iñigo Guevara,
Mexico’s National Guard: When Police are not Enough, Woodrow Wilson Center’s Mexico Institute, , Woodrow Wilson Center’s Mexico Institute,
January 2020. “Vigila Guardia Nacional 84 Hospitales de IMSS,” January 2020. “Vigila Guardia Nacional 84 Hospitales de IMSS,”
Reforma, April 15, 2020. , April 15, 2020.
27 Vanda Felbab-Brown, “Crime and Anti-crime Policies in Mexico in 2022: A Bleak Outlook,” Brookings Institution, 27 Vanda Felbab-Brown, “Crime and Anti-crime Policies in Mexico in 2022: A Bleak Outlook,” Brookings Institution,
January 2022. January 2022.
28 Felbab-Brown, op. cit.
28 Felbab-Brown, op. cit.
29 Maureen Meyer, 29 Maureen Meyer,
Police Reform and Security Strategies in Mexico in the Context of the war on Drugs and U.S.
Support of These Efforts, WOLA, July 2020. , WOLA, July 2020.
30 U.S. Department of Justice (DOJ), “Former Mexican Secretary of Public Security Genaro Garcia Luna Charged with
30 U.S. Department of Justice (DOJ), “Former Mexican Secretary of Public Security Genaro Garcia Luna Charged with
Engaging in a Continuing Criminal Enterprise,” July 30, 2020. Engaging in a Continuing Criminal Enterprise,” July 30, 2020.
31 Oscar Lopez, “Mexico Exonerates Ex-Defense Chief Who Was Freed by the U.S.,” 31 Oscar Lopez, “Mexico Exonerates Ex-Defense Chief Who Was Freed by the U.S.,”
New York Times, January 14, , January 14,
2021. 2021.
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has been unwilling to allow prosecutors to investigate allegations involving his family and
has been unwilling to allow prosecutors to investigate allegations involving his family and
allies.32 His focus on reducing government expenditures and his administration’s efforts to punish allies.32 His focus on reducing government expenditures and his administration’s efforts to punish
tax evaders have won praise from some citizens, while others have dismissed them as symbolic tax evaders have won praise from some citizens, while others have dismissed them as symbolic
actions. Many observers worry cuts in public sector salaries have made officials more susceptible actions. Many observers worry cuts in public sector salaries have made officials more susceptible
to bribes. to bribes.
Key Institutions for Strengthening the Rule of Law
New Criminal Justice System. By the mid-2000s, most Mexican legal experts had concluded that reforming By the mid-2000s, most Mexican legal experts had concluded that reforming
Mexico’s corrupt and inefficient criminal justice system was crucial for combating criminality and strengthening the Mexico’s corrupt and inefficient criminal justice system was crucial for combating criminality and strengthening the
rule of law. In June 2008, Mexico implemented constitutional reforms mandating that by 2016, trial procedures at rule of law. In June 2008, Mexico implemented constitutional reforms mandating that by 2016, trial procedures at
the federal and state levels had to move from a closed-door process based on written arguments presented to a the federal and state levels had to move from a closed-door process based on written arguments presented to a
judge to an adversarial public trial system, with oral arguments and the presumption of innocence. These changes judge to an adversarial public trial system, with oral arguments and the presumption of innocence. These changes
aimed to create a new, more transparent, impartial, and efficient criminal justice system. aimed to create a new, more transparent, impartial, and efficient criminal justice system.
Under then-President Enrique Peña Nieto, Mexico technically met the June 2016 deadline for adopting the new Under then-President Enrique Peña Nieto, Mexico technically met the June 2016 deadline for adopting the new
system, with states that received technical assistance from the United States showing, on average, better results system, with states that received technical assistance from the United States showing, on average, better results
than others. Nevertheless, problems in implementation occurred and public opinion turned against the system, as than others. Nevertheless, problems in implementation occurred and public opinion turned against the system, as
judges released criminals due to flawed police investigations or weak cases presented by prosecutors. According judges released criminals due to flawed police investigations or weak cases presented by prosecutors. According
to the World Justice Project, the new system has produced better courtroom infrastructure, more capable judges, to the World Justice Project, the new system has produced better courtroom infrastructure, more capable judges,
and faster case resolution than the old system, but more training for police and prosecutors is needed. and faster case resolution than the old system, but more training for police and prosecutors is needed.
President López Obrador has not dedicated significant resources to strengthening the justice system. His President López Obrador has not dedicated significant resources to strengthening the justice system. His
administration attempted to implement some reforms, including mandatory pre-trial detention for more crimes, administration attempted to implement some reforms, including mandatory pre-trial detention for more crimes,
which would have contradicted the new system’s goals. Mexico’s Supreme Court struck down those reforms. which would have contradicted the new system’s goals. Mexico’s Supreme Court struck down those reforms.
Building an Independent Prosecutor General’s Office. Analysts who study Mexico’s legal system have long Analysts who study Mexico’s legal system have long
highlighted the inefficiency of the attorney general’s office (known as the PGR). The PGR struggled with limited highlighted the inefficiency of the attorney general’s office (known as the PGR). The PGR struggled with limited
resources, corruption, and a lack of political wil to resolve high-profile cases, including those involving corruption resources, corruption, and a lack of political wil to resolve high-profile cases, including those involving corruption
or human rights abuses. Many civil society groups that pushed for the new criminal justice system also lobbied the or human rights abuses. Many civil society groups that pushed for the new criminal justice system also lobbied the
Mexican Congress to create an independent prosecutor’s office. Amid petitions from civil society organizations, Mexican Congress to create an independent prosecutor’s office. Amid petitions from civil society organizations,
Mexico’s senate was to appoint an independent individual to lead the new prosecutor general’s office for a nine-Mexico’s senate was to appoint an independent individual to lead the new prosecutor general’s office for a nine-
year term under 2014 constitutional reforms. year term under 2014 constitutional reforms.
President López Obrador downplayed the importance of the new office during his campaign, but Mexico’s President López Obrador downplayed the importance of the new office during his campaign, but Mexico’s
Congress established the office, now known as the Prosecutor General’s Office (FGR), after López Obrador’s Congress established the office, now known as the Prosecutor General’s Office (FGR), after López Obrador’s
inauguration. In January 2019, Mexico’s senate named Dr. Alejandro Gertz Manero, a close associate and former inauguration. In January 2019, Mexico’s senate named Dr. Alejandro Gertz Manero, a close associate and former
security adviser to López Obrador, as prosecutor general. Gertz Manero directed prosecutors to focus on security adviser to López Obrador, as prosecutor general. Gertz Manero directed prosecutors to focus on
emblematic cases, but few have progressed. Critics maintain Gertz Manergo has been slow to implement the emblematic cases, but few have progressed. Critics maintain Gertz Manergo has been slow to implement the
reforms enacted by the Mexican Congress to strengthen the FGR. reforms enacted by the Mexican Congress to strengthen the FGR.
National Anti-corruption System. In July 2016, Mexico’s Congress approved legislation that contained several In July 2016, Mexico’s Congress approved legislation that contained several
proposals put forth by civil society to ful y implement the National Anti-corruption System (NAS) created by a proposals put forth by civil society to ful y implement the National Anti-corruption System (NAS) created by a
2015 constitutional reform. The legislation gave the NAS investigative and prosecutorial powers and a civilian 2015 constitutional reform. The legislation gave the NAS investigative and prosecutorial powers and a civilian
board of directors; increased administrative and criminal penalties for corruption; and required three declarations board of directors; increased administrative and criminal penalties for corruption; and required three declarations
(taxes, assets, and conflicts of interest) from public officials and contractors. Under the Peña Nieto government, (taxes, assets, and conflicts of interest) from public officials and contractors. Under the Peña Nieto government,
federal implementation of the NAS lagged and state-level implementation varied. federal implementation of the NAS lagged and state-level implementation varied.
In February 2019, Prosecutor General Gertz Manero named a special anti-corruption prosecutor, who received a In February 2019, Prosecutor General Gertz Manero named a special anti-corruption prosecutor, who received a
significant budget for 2020 and 2021 amid generalized budget cuts for the institution. Cases involving corruption in significant budget for 2020 and 2021 amid generalized budget cuts for the institution. Cases involving corruption in
the social development ministry and corrupt payments from the Brazilian construction company Odebrecht to the the social development ministry and corrupt payments from the Brazilian construction company Odebrecht to the
head of head of
Petróleos de México (Pemex) during the Peña Nieto administration are moving forward. However, some 500 during the Peña Nieto administration are moving forward. However, some 500
reports of corruption referred to the FGR by the Ministry of Public Administration in the current administration reports of corruption referred to the FGR by the Ministry of Public Administration in the current administration
have yet to be presented before a judge. In January 2022, the López Obrador administration proposed to have yet to be presented before a judge. In January 2022, the López Obrador administration proposed to
eliminate NAS’s technical support arm charged with evaluating the country’s anti-corruption activities as part of a
eliminate NAS’s technical support arm charged with evaluating the country’s anti-corruption activities as part of a
larger consolidation strategy to reduce public spending. larger consolidation strategy to reduce public spending.
Sources: Octavio Rodríguez Ferreira and David Shirk, Octavio Rodríguez Ferreira and David Shirk,
Criminal Procedure Reform in Mexico, 2008-2016: The
Final Countdown to Implementation, Justice in Mexico, October 2015; World Justice Project México, , Justice in Mexico, October 2015; World Justice Project México,
Mexico’s
New Criminal Justice System: Substantial Progress and Persistent Challenges, June 2018; “AMLO Asegura que , June 2018; “AMLO Asegura que
Respetará Decisión de Prisión Preventiva Oficiosa por Defraudación Fiscal,” Respetará Decisión de Prisión Preventiva Oficiosa por Defraudación Fiscal,”
El Economista, October 26, 2021;, October 26, 2021;
Arturo Angel,
32 See, for example, Andrés Bello, “Why Allegations About His Son Could Hurt Mexico’s President,” 32 See, for example, Andrés Bello, “Why Allegations About His Son Could Hurt Mexico’s President,”
The Economist, ,
February 19, 2022. February 19, 2022.
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Arturo Angel, “Gertz en Tres Años con FGR: Despidos, Opacidad e Incumpliendo Plazos de su Propia Ley,” “Gertz en Tres Años con FGR: Despidos, Opacidad e Incumpliendo Plazos de su Propia Ley,”
Animal Político, January 27, 2022; and Jorge Monroy, Pedro Vil a y Caña y Alberto Morales, “Va AMLO por January 27, 2022; and Jorge Monroy, Pedro Vil a y Caña y Alberto Morales, “Va AMLO por
Fusionar 16 órganos en Dependencias,” Fusionar 16 órganos en Dependencias,”
El Universal, January 28, 2022., January 28, 2022.
In December 2020, the Mexican Congress passed and President López Obrador signed a law to
In December 2020, the Mexican Congress passed and President López Obrador signed a law to
limit foreign law enforcement activity in Mexico, including the work of the U.S. Drug limit foreign law enforcement activity in Mexico, including the work of the U.S. Drug
Enforcement Administration (DEA). Drafted in response to the U.S. investigation of General Enforcement Administration (DEA). Drafted in response to the U.S. investigation of General
Cienfuegos, the law originally required foreign law enforcement officials to share with Mexican Cienfuegos, the law originally required foreign law enforcement officials to share with Mexican
officials any information obtained on Mexican soil and local officials to report any interactions officials any information obtained on Mexican soil and local officials to report any interactions
with foreign agents. U.S. concerns that the new law would impede U.S.-Mexico security with foreign agents. U.S. concerns that the new law would impede U.S.-Mexico security
cooperation led the Mexican government to soften the rule with respect to some sensitive cooperation led the Mexican government to soften the rule with respect to some sensitive
information; reportedly, cooperation still suffered.33 information; reportedly, cooperation still suffered.33
Human Rights
Criminal groups, sometimes in collusion with state actors, have continued to commit serious Criminal groups, sometimes in collusion with state actors, have continued to commit serious
human rights violations against civilians in Mexico.34 The vast majority of those abuses have human rights violations against civilians in Mexico.34 The vast majority of those abuses have
gone unpunished, whether they were prosecuted in the military or civilian justice systems. Under gone unpunished, whether they were prosecuted in the military or civilian justice systems. Under
Mexico’s new justice system, judges have had to let many defendants go free, even if they may Mexico’s new justice system, judges have had to let many defendants go free, even if they may
have been guilty, due to police misconduct in gathering evidence.35 The government continues to have been guilty, due to police misconduct in gathering evidence.35 The government continues to
receive criticism for not protecting journalists, human rights defenders, migrants, and others.36 receive criticism for not protecting journalists, human rights defenders, migrants, and others.36
Critics of President López Obrador have accused him of promoting an environment of Critics of President López Obrador have accused him of promoting an environment of
intimidation and media self-censorship by continuing to attack journalists verbally.37 intimidation and media self-censorship by continuing to attack journalists verbally.37
For years, human rights groups and the U.S. State Department’s
For years, human rights groups and the U.S. State Department’s
Country Reports on Human
Rights Practices have chronicled cases of Mexican security officials’ involvement in extrajudicial have chronicled cases of Mexican security officials’ involvement in extrajudicial
killings, torture, and “enforced disappearances.”38 The unresolved case of 43 missing students killings, torture, and “enforced disappearances.”38 The unresolved case of 43 missing students
who disappeared in Iguala, Guerrero, in September 2014—which allegedly involved the local who disappeared in Iguala, Guerrero, in September 2014—which allegedly involved the local
police and federal authorities—galvanized global protests. Experts from the Inter-American police and federal authorities—galvanized global protests. Experts from the Inter-American
Commission on Human Rights disproved much of the attorney general’s investigation, and in Commission on Human Rights disproved much of the attorney general’s investigation, and in
2018, a federal judge dismissed that investigation as biased. President López Obrador established 2018, a federal judge dismissed that investigation as biased. President López Obrador established
a truth commission, and Prosecutor General Gertz Manero created a special prosecutor’s office to a truth commission, and Prosecutor General Gertz Manero created a special prosecutor’s office to
focus on the case. By January 2021, trials had begun for two former federal security officials focus on the case. By January 2021, trials had begun for two former federal security officials
33 “Mexico Softens Rules for Controversial New Foreign Agents Law,” Reuters, January 14, 2021; “US Envoy: US 33 “Mexico Softens Rules for Controversial New Foreign Agents Law,” Reuters, January 14, 2021; “US Envoy: US
Asking Mexico to let in DEA and Other Agents,” AP, October 9, 2021. Asking Mexico to let in DEA and Other Agents,” AP, October 9, 2021.
34 See U.S. Department of State, 34 See U.S. Department of State,
2020 Country Report on Human Rights Practices: Mexico, March 2021. Hereinafter , March 2021. Hereinafter
U.S. Department of State, U.S. Department of State,
2020 Country Report, March 2021. , March 2021.
35 World Justice Project,
35 World Justice Project,
Almanac: Achievements and challenges of the New Criminal Justice System, October 25, , October 25,
2019, at https://worldjusticeproject.mx/almanaque-enpol16/. 2019, at https://worldjusticeproject.mx/almanaque-enpol16/.
36 Human Rights Watch,
36 Human Rights Watch,
World Report 2022: Mexico, available at https://www.hrw.org/world-report/2022/country-available at https://www.hrw.org/world-report/2022/country-
chapters/mexico. chapters/mexico.
37 “IAPA asks López Obrador to ‘Immediately Suspend’ his attacks on Journalists,”
37 “IAPA asks López Obrador to ‘Immediately Suspend’ his attacks on Journalists,”
Voz de América, February 17, February 17,
2022. 2022.
38 U.S. Department of State,
38 U.S. Department of State,
2020 Country Report, March 2021. According to the United Nations, enforced , March 2021. According to the United Nations, enforced
disappearances occur when “persons are arrested, detained or abducted against their will or otherwise deprived of their disappearances occur when “persons are arrested, detained or abducted against their will or otherwise deprived of their
liberty by officials of different branches or levels of Government, or by organized groups or private individuals acting liberty by officials of different branches or levels of Government, or by organized groups or private individuals acting
on behalf of, or with the support, direct or indirect, consent or acquiescence of the Government.” See on behalf of, or with the support, direct or indirect, consent or acquiescence of the Government.” See
http://www.un.org/en/events/disappearancesday/background.shtml. http://www.un.org/en/events/disappearancesday/background.shtml.
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accused of involvement in the disappearances.39 As of February 2022, prosecutors have yet to
accused of involvement in the disappearances.39 As of February 2022, prosecutors have yet to
secure any convictions. secure any convictions.
Among the human rights challenges facing Mexico, President López Obrador has prioritized
Among the human rights challenges facing Mexico, President López Obrador has prioritized
enforced disappearances.40 His administration has met regularly with families of the missing, enforced disappearances.40 His administration has met regularly with families of the missing,
launched an online portal for reporting missing persons, registered thousands of clandestine launched an online portal for reporting missing persons, registered thousands of clandestine
graves, and increased the budget for Mexico’s national search commission. The government has graves, and increased the budget for Mexico’s national search commission. The government has
sought international assistance to identify tens of thousands of bodies that have been exhumed. sought international assistance to identify tens of thousands of bodies that have been exhumed.
Still, in November 2021, the U.N. Committee on Enforced Disappearances criticized the Still, in November 2021, the U.N. Committee on Enforced Disappearances criticized the
“structural impunity” that continues for perpetrators of disappearances and the involvement of “structural impunity” that continues for perpetrators of disappearances and the involvement of
public officials from all levels of government in such crimes.41 public officials from all levels of government in such crimes.41
Human rights organizations have urged the López Obrador administration to fully enact the
Human rights organizations have urged the López Obrador administration to fully enact the
country’s 2017 law against torture, investigate and punish cases of torture, and take steps to country’s 2017 law against torture, investigate and punish cases of torture, and take steps to
ensure that state agents do not commit acts of torture. After an April 2019 review of Mexico, the ensure that state agents do not commit acts of torture. After an April 2019 review of Mexico, the
U.N. Committee against Torture welcomed the passage of the 2017 law, but stated that torture by U.N. Committee against Torture welcomed the passage of the 2017 law, but stated that torture by
state agents occurred in a “generalized manner” and found torture to be “endemic” in detention state agents occurred in a “generalized manner” and found torture to be “endemic” in detention
centers.42 López Obrador has spoken out against torture, but his government has yet to develop a centers.42 López Obrador has spoken out against torture, but his government has yet to develop a
system to track statistics on torture cases as required by the 2017 law. system to track statistics on torture cases as required by the 2017 law.
Analysts maintain that efforts to protect journalists, human rights defenders, and migrants remain
Analysts maintain that efforts to protect journalists, human rights defenders, and migrants remain
insufficient and, in some cases, have worsened under López Obrador.43 Some 150 journalists and insufficient and, in some cases, have worsened under López Obrador.43 Some 150 journalists and
media workers have been killed in Mexico since 2000, including seven in 2021 and media workers have been killed in Mexico since 2000, including seven in 2021 and
seveneight through through
early mid-March 2022.44 Mexico ranks among the top 10 countries globally with the highest rates of March 2022.44 Mexico ranks among the top 10 countries globally with the highest rates of
unsolved journalist murders as a percentage of population, according to the nongovernmental unsolved journalist murders as a percentage of population, according to the nongovernmental
Committee to Protect Journalists’ Committee to Protect Journalists’
2021 Global Impunity Index. .
Mexico is also a dangerous country for human rights defenders. In 2021, an estimated 42 human
Mexico is also a dangerous country for human rights defenders. In 2021, an estimated 42 human
rights defenders were killed.45 As politicians discredited some human rights groups and rights defenders were killed.45 As politicians discredited some human rights groups and
questioned their sources of funding, police periodically used excessive force against human rights questioned their sources of funding, police periodically used excessive force against human rights
defenders protesting against femicide and other issues.46 The López Obrador government has not defenders protesting against femicide and other issues.46 The López Obrador government has not
strengthened the mechanism intended to protect human rights defenders and journalists nor strengthened the mechanism intended to protect human rights defenders and journalists nor
ensured an adequate budget for prosecutors charged with investigating those crimes. ensured an adequate budget for prosecutors charged with investigating those crimes.
Migrants in Mexico are vulnerable to abuse by criminal groups and corrupt officials, including
Migrants in Mexico are vulnerable to abuse by criminal groups and corrupt officials, including
human trafficking, extortion, kidnapping, and murder. In January 2021, U.S.-trained state police human trafficking, extortion, kidnapping, and murder. In January 2021, U.S.-trained state police
reportedly killed 18 migrants in Tamaulipas, Mexico.47 Between January 2019 and January 2021, reportedly killed 18 migrants in Tamaulipas, Mexico.47 Between January 2019 and January 2021,
the Migrant Protection Protocols (MPP) program, an initiative started during the Trump the Migrant Protection Protocols (MPP) program, an initiative started during the Trump
39 Moses Ngong and Stephanie Brewer, “Seventh Anniversary of the Ayotzinapa Disappearances in Mexico: Advances 39 Moses Ngong and Stephanie Brewer, “Seventh Anniversary of the Ayotzinapa Disappearances in Mexico: Advances
and Challenges in the Search for Truth and Justice,” WOLA, September 23, 2021. and Challenges in the Search for Truth and Justice,” WOLA, September 23, 2021.
40 CRS In Focus IF11669,
40 CRS In Focus IF11669,
Human Rights Challenges in Mexico: Addressing Enforced Disappearances, by Clare , by Clare
Ribando Seelke and Rachel L. Martin. Ribando Seelke and Rachel L. Martin.
41 “Mexico: Over 95,000 Registered as Disappeared, Impunity ‘Almost Absolute,’”
41 “Mexico: Over 95,000 Registered as Disappeared, Impunity ‘Almost Absolute,’”
U.N. News, November 29, 2021. , November 29, 2021.
42 U.N. Office of the High Commissioner for Human Rights, “Committee Against Torture Reviews the Report of 42 U.N. Office of the High Commissioner for Human Rights, “Committee Against Torture Reviews the Report of
Mexico,” April 26, 2019. Mexico,” April 26, 2019.
43 Human Rights Watch, 43 Human Rights Watch,
World Report 2022: Mexico. 44 Article 19, “Periodistas Asesinados en México,” accessed on February 17, 2022, available at https://articulo19.org/44 Article 19, “Periodistas Asesinados en México,” accessed on February 17, 2022, available at https://articulo19.org/
periodistasasesinados/; periodistasasesinados/;
andFabiola Sánchez, “Journalist Killed in Mexico, “Journalist Killed in Mexico,
7th Slain So Far This Year,” Associated Press, March 5Eighth so far this Year,” AP, March 16, 2022. , 2022.
45 Frontline Defenders,
45 Frontline Defenders,
Global Analysis 2021, February 2022. , February 2022.
46 Ibid. 46 Ibid.
47 Parker Asmann, “US-Trained Police Implicated in Mexico Migrant Massacre,” 47 Parker Asmann, “US-Trained Police Implicated in Mexico Migrant Massacre,”
InSight Crime, February 3, 2021. , February 3, 2021.
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Administration, required many asylum-seekers to wait in Mexico while U.S. immigration courts
Administration, required many asylum-seekers to wait in Mexico while U.S. immigration courts
processed their cases; migrants’ rights advocates documented 1,500 cases of migrants returned to processed their cases; migrants’ rights advocates documented 1,500 cases of migrants returned to
northern Mexico under this program who had been raped, kidnapped, or attacked as of January northern Mexico under this program who had been raped, kidnapped, or attacked as of January
2021.48 2021.48
Economic and Social Conditions
Beginning in the late 1980s, Mexico transitioned from a closed, state-led economy to an open Beginning in the late 1980s, Mexico transitioned from a closed, state-led economy to an open
market economy that has entered into free trade agreements with 50 countries.49 The transition market economy that has entered into free trade agreements with 50 countries.49 The transition
accelerated after the North American Free Trade Agreement (NAFTA) entered into force in 1994. accelerated after the North American Free Trade Agreement (NAFTA) entered into force in 1994.
Since NAFTA, Mexico has increasingly become an export-oriented economy, with the value of Since NAFTA, Mexico has increasingly become an export-oriented economy, with the value of
exports equaling 40% of Mexico’s gross domestic product (GDP) in 2020, up from 12% of GDP exports equaling 40% of Mexico’s gross domestic product (GDP) in 2020, up from 12% of GDP
in 1993.50 Mexico remains a U.S. crude oil supplier, but its top exports to the United States are in 1993.50 Mexico remains a U.S. crude oil supplier, but its top exports to the United States are
vehicles and auto parts, electrical machinery and equipment, and machinery and mechanical vehicles and auto parts, electrical machinery and equipment, and machinery and mechanical
appliances.51 appliances.51
From 2010 to 2019, Mexico recorded an average annual economic growth rate of 2.7%, but its
From 2010 to 2019, Mexico recorded an average annual economic growth rate of 2.7%, but its
economy contracted 8.2% in 2020.52 Although the global pandemic was the principle cause for economy contracted 8.2% in 2020.52 Although the global pandemic was the principle cause for
the 2020 contraction, Mexico’s economy also shrank by 0.2% in 2019.53 Increased U.S. demand the 2020 contraction, Mexico’s economy also shrank by 0.2% in 2019.53 Increased U.S. demand
for goods and services and reopening of businesses after the pandemic powered a strong for goods and services and reopening of businesses after the pandemic powered a strong
economic recovery of 5.3% in 2021.54 Nevertheless, concerns about tightening monetary policy economic recovery of 5.3% in 2021.54 Nevertheless, concerns about tightening monetary policy
and a reduction in U.S. growth projections led the IMF to lower its 2022 growth forecast for and a reduction in U.S. growth projections led the IMF to lower its 2022 growth forecast for
Mexico to 2.8%.55 Mexico to 2.8%.55
Mexico’s future growth projections are mixed. According to the Organisation for Economic
Mexico’s future growth projections are mixed. According to the Organisation for Economic
Cooperation and Development (OECD), financial exclusion, a lack of competitiveness, Cooperation and Development (OECD), financial exclusion, a lack of competitiveness,
employment in the informal sector, corruption, and low female participation in the workplace are employment in the informal sector, corruption, and low female participation in the workplace are
impediments to Mexico’s medium-term economic performance.56 Lingering pandemic-related impediments to Mexico’s medium-term economic performance.56 Lingering pandemic-related
effects, energy sector reforms that discourage foreign investment, and new challenges related to effects, energy sector reforms that discourage foreign investment, and new challenges related to
technological innovation and climate change also could hinder long-term growth.57 Experts have technological innovation and climate change also could hinder long-term growth.57 Experts have
posited that Mexico’s traditional economic assets—plentiful natural resources, a relatively young posited that Mexico’s traditional economic assets—plentiful natural resources, a relatively young
labor force, and proximity and preferential access to markets in the United States—strategically labor force, and proximity and preferential access to markets in the United States—strategically
48 Human Rights First, “Delivered to Danger,” at https://www.humanrightsfirst.org/campaign/remain-mexico. 48 Human Rights First, “Delivered to Danger,” at https://www.humanrightsfirst.org/campaign/remain-mexico.
49 U.S. Department of State, 49 U.S. Department of State,
2021 Investment Climate Statements: Mexico, at https://www.state.gov/reports/2021-, at https://www.state.gov/reports/2021-
investment-climate-statements/mexico/. investment-climate-statements/mexico/.
50 World Bank, “World Development Indicators,” accessed February 14, 2022.
50 World Bank, “World Development Indicators,” accessed February 14, 2022.
51 Trade Data Monitor, “Mexico Exports to the United States, All Commodities, November, 2019-2021,” accessed 51 Trade Data Monitor, “Mexico Exports to the United States, All Commodities, November, 2019-2021,” accessed
February 14, 2022. February 14, 2022.
52 International Monetary Fund (IMF), “IMF DataMapper: Real GDP Growth,” accessed February 22, 2022,
52 International Monetary Fund (IMF), “IMF DataMapper: Real GDP Growth,” accessed February 22, 2022,
https://www.imf.org/external/datamapper/NGDP_RPCH@WEO/OEMDC/ADVEC/WEOWORLD/MEX https://www.imf.org/external/datamapper/NGDP_RPCH@WEO/OEMDC/ADVEC/WEOWORLD/MEX
53 IMF,
53 IMF,
World Economic Outlook Update, January 2022, p. 6, at https://www.imf.org/en/Publications/WEO/Issues/, January 2022, p. 6, at https://www.imf.org/en/Publications/WEO/Issues/
2022/01/25/world-economic-outlook-update-january-2022. 2022/01/25/world-economic-outlook-update-january-2022.
54 IMF,
54 IMF,
World Economic Outlook Update, January 2022, p. 6. , January 2022, p. 6.
55IMF, 55IMF,
World Economic Outlook Update, January 2022, p. 6. , January 2022, p. 6.
56 Organisation for Economic Cooperation and Development (OECD), 56 Organisation for Economic Cooperation and Development (OECD),
OECD Economic Surveys: Mexico, February , February
2022. 2022.
57 IMF,
57 IMF,
Mexico: Article IV Consultation-Press Release; and Staff Report, Country Report 2021/240, November 2021. , Country Report 2021/240, November 2021.
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position it to take advantage of potential nearshoring opportunities as policymakers from the
position it to take advantage of potential nearshoring opportunities as policymakers from the
United States and other countries seek to diversify supply chains away from Chinese markets.58 United States and other countries seek to diversify supply chains away from Chinese markets.58
Despite attempts to diversify its economic ties and build its domestic economy, Mexico remains
Despite attempts to diversify its economic ties and build its domestic economy, Mexico remains
heavily dependent on the United States as an export market (roughly 78% of Mexico’s exports in heavily dependent on the United States as an export market (roughly 78% of Mexico’s exports in
2021 were U.S.-bound) and as a source of remittances, tourism revenues, and investment.59 2021 were U.S.-bound) and as a source of remittances, tourism revenues, and investment.59
Remittances reached a record of nearly $52 billion in 2021, defying experts’ predictions that they Remittances reached a record of nearly $52 billion in 2021, defying experts’ predictions that they
would fall due to the pandemic.60 Total U.S. foreign direct investment in Mexico stood at $100.9 would fall due to the pandemic.60 Total U.S. foreign direct investment in Mexico stood at $100.9
billion in 2019, a 12% decrease from 2018; the United States remained Mexico’s top source of billion in 2019, a 12% decrease from 2018; the United States remained Mexico’s top source of
foreign direct investment, accounting for 39.1% of all (stock) inflows.61 foreign direct investment, accounting for 39.1% of all (stock) inflows.61
López Obrador Government’s Economic and Energy Policies
President López Obrador promised to govern austerely and bolster economic growth, but a lack
President López Obrador promised to govern austerely and bolster economic growth, but a lack
of public investment hurt Mexico’s pre-pandemic growth rate and the government’s limited fiscal of public investment hurt Mexico’s pre-pandemic growth rate and the government’s limited fiscal
response to the pandemic worsened its economic impact on Mexico. López Obrador worked with response to the pandemic worsened its economic impact on Mexico. López Obrador worked with
the Trump Administration to renegotiate the USMCA, which updated and modernized the the Trump Administration to renegotiate the USMCA, which updated and modernized the
NAFTA agreement, assuaging some investor concerns about López Obrador’s economic policies. NAFTA agreement, assuaging some investor concerns about López Obrador’s economic policies.
However, his handling of other policy measures with significant economic implications, However, his handling of other policy measures with significant economic implications,
particularly in the energy sector, have caused concerns.particularly in the energy sector, have caused concerns.
In the second year of the pandemic, the In the second year of the pandemic, the
government increased budget allocations for education and public investment but otherwise government increased budget allocations for education and public investment but otherwise
maintained the fiscally conservative approach it had previously taken, refraining from providing maintained the fiscally conservative approach it had previously taken, refraining from providing
as much budgetary support to its population as some other nations.62 as much budgetary support to its population as some other nations.62
Reduced spending on public administration and several tax settlements with large companies
Reduced spending on public administration and several tax settlements with large companies
since October 2019 have allowed the López Obrador government to devote significant resources since October 2019 have allowed the López Obrador government to devote significant resources
to social programs and major infrastructure projects without adding to public debt.63 Many of to social programs and major infrastructure projects without adding to public debt.63 Many of
those infrastructure projects have proven costly for the country. Upon assuming the presidency, those infrastructure projects have proven costly for the country. Upon assuming the presidency,
López Obrador paid $1.8 billion to cancel the construction of a new airport outside of Mexico López Obrador paid $1.8 billion to cancel the construction of a new airport outside of Mexico
City, opting to build in a different location at an estimated cost of $2.6 billion.64 His government City, opting to build in a different location at an estimated cost of $2.6 billion.64 His government
has continued to construct the Maya Train, a $9.7 billion railroad line to promote tourism in five has continued to construct the Maya Train, a $9.7 billion railroad line to promote tourism in five
southeastern states, despite criticism that it would damage the environment and opposition from southeastern states, despite criticism that it would damage the environment and opposition from
indigenous groups in the area.65 His government devoted $8 billion to build the indigenous groups in the area.65 His government devoted $8 billion to build the
Dos Bocas coal- coal-
powered refinery in Tabasco, but cost overruns, worker strikes, and operational setbacks have powered refinery in Tabasco, but cost overruns, worker strikes, and operational setbacks have
derailed the project’s budget and timeline.66 derailed the project’s budget and timeline.66
58 Daniel Zega, Alessandra Ortiz, “Mexico At the Cusp of Recovery,” Deloitte Insights, December 10, 2021 58 Daniel Zega, Alessandra Ortiz, “Mexico At the Cusp of Recovery,” Deloitte Insights, December 10, 2021
59 Trade Data Monitor, “Mexico Exports to the World, All Commodities, November, 2019-2021,” accessed February 59 Trade Data Monitor, “Mexico Exports to the World, All Commodities, November, 2019-2021,” accessed February
14, 2022. 14, 2022.
60 Banco de México, Sistema de Información Económica, accessed February 14, 2022.
60 Banco de México, Sistema de Información Económica, accessed February 14, 2022.
61 U.S. Department of State, 61 U.S. Department of State,
2021 Investment Climate Statements: Mexico, at https://www.state.gov/reports/2021-, at https://www.state.gov/reports/2021-
investment-climate-statements/mexico/. investment-climate-statements/mexico/.
62 IMF,
62 IMF,
Mexico: Article IV Consultation-Press Release; and Staff Report, Country Report 2021/240, November 2021. , Country Report 2021/240, November 2021.
63 Javier Martínez, Leonardo Núñez, “Análisis del Paquete Económico 2022: El Presupuesto de un Solo Hombre,” 63 Javier Martínez, Leonardo Núñez, “Análisis del Paquete Económico 2022: El Presupuesto de un Solo Hombre,”
Mexicanos Contra la Corrupción, September 13, 2021; OECD, Mexicanos Contra la Corrupción, September 13, 2021; OECD,
OECD Economic Outlook, May 2021. , May 2021.
64 Sonia Corona, “El Nuevo Aeropuerto de México, a Punto del Despegue,”
64 Sonia Corona, “El Nuevo Aeropuerto de México, a Punto del Despegue,”
El País, February 12, 2022. , February 12, 2022.
65 “El Tren Maya de López Obrador Arranca el Año Con Tropiezos y Dudas,” 65 “El Tren Maya de López Obrador Arranca el Año Con Tropiezos y Dudas,”
Los Angeles Times, February 4, 2022. , February 4, 2022.
66 Amy Stillman, Lucia Kassai, Max de Haldevang, “Mexico’s Crown-Jewel Oil Refinery Is $3.6 Billion Over 66 Amy Stillman, Lucia Kassai, Max de Haldevang, “Mexico’s Crown-Jewel Oil Refinery Is $3.6 Billion Over
Budget,” Budget,”
Bloomberg News, January 21, 2022; Jon Martín Cullell, “Trabajadores de la Refinería de Dos Bocas Chocan , January 21, 2022; Jon Martín Cullell, “Trabajadores de la Refinería de Dos Bocas Chocan
Con la Policía en Su Segundo Día de Paro,” Con la Policía en Su Segundo Día de Paro,”
El País, October 13, 2021. , October 13, 2021.
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Proposed Energy Reform
In October 2021, President López Obrador submitted a proposal to amend the Mexican constitution to reduce
In October 2021, President López Obrador submitted a proposal to amend the Mexican constitution to reduce
private sector participation in the power sector and eliminate some independent regulatory agencies. The reform private sector participation in the power sector and eliminate some independent regulatory agencies. The reform
would affect the electricity market by cancelling existing contracts with private generators, awarding the Federal would affect the electricity market by cancelling existing contracts with private generators, awarding the Federal
Electricity Commission (CFE) 56% of power generation contracts, and cancelling long-term energy supply Electricity Commission (CFE) 56% of power generation contracts, and cancelling long-term energy supply
contracts and clean energy preferential buying programs. As written, the reform also would eliminate several contracts and clean energy preferential buying programs. As written, the reform also would eliminate several
independent regulatory agencies. Outside of the electricity market, the upstream oil and gas regulator National independent regulatory agencies. Outside of the electricity market, the upstream oil and gas regulator National
Hydrocarbon Commission (CNH) would be absorbed into the Secretariat of Energy, causing uncertainty around Hydrocarbon Commission (CNH) would be absorbed into the Secretariat of Energy, causing uncertainty around
the permitting process for future private oil and gas projects. The reform also includes provisions to prevent the permitting process for future private oil and gas projects. The reform also includes provisions to prevent
foreign companies from exploiting the country’s lithium deposits by labeling them a “strategic” mineral. foreign companies from exploiting the country’s lithium deposits by labeling them a “strategic” mineral.
Observers have criticized the initiative on economic, environmental, and legal terms. While López Obrador has Observers have criticized the initiative on economic, environmental, and legal terms. While López Obrador has
been adamant that the reform wil lower energy prices for Mexicans, skeptics maintain that less private sector been adamant that the reform wil lower energy prices for Mexicans, skeptics maintain that less private sector
participation in an industry that requires significant capital investment wil increase rates. Experts contend that the participation in an industry that requires significant capital investment wil increase rates. Experts contend that the
reform wil inhibit Mexico from reaching its climate mitigation commitments by prioritizing CFE power reform wil inhibit Mexico from reaching its climate mitigation commitments by prioritizing CFE power
generation—64% of which is nonrenewable—and discouraging privately funded clean energy projects from generation—64% of which is nonrenewable—and discouraging privately funded clean energy projects from
entering the market; a U.S. Department of Energy analysis estimates that annual CO2 emissions would increase entering the market; a U.S. Department of Energy analysis estimates that annual CO2 emissions would increase
between 26% and 65%. International observers have questioned the reform’s compliance with the USMCA, as it between 26% and 65%. International observers have questioned the reform’s compliance with the USMCA, as it
appears to give advantages to state companies and undermine existing investments. appears to give advantages to state companies and undermine existing investments.
Sources: “What Would AMLO’s Power Sector Plan Mean for Mexico?” “What Would AMLO’s Power Sector Plan Mean for Mexico?”
Inter-American Dialogue, February 10, , February 10,
2022; “Andrés Manuel López Obrador’s Energy Policy Wil Hurt Mexico,” 2022; “Andrés Manuel López Obrador’s Energy Policy Wil Hurt Mexico,”
The Economist, January 8th, 2022; , January 8th, 2022;
“Mexico’s Energy Reform Strains Ties with US,” Associated Press, January 22, 2022; “¿Cuáles son los Puntos Clave “Mexico’s Energy Reform Strains Ties with US,” Associated Press, January 22, 2022; “¿Cuáles son los Puntos Clave
de la Reforma Eléctrica de AMLO y por qué ha Causado Polémica?” El Siglo Torreón, February 4, 2022; “Why de la Reforma Eléctrica de AMLO y por qué ha Causado Polémica?” El Siglo Torreón, February 4, 2022; “Why
Controversial Energy Reforms Could Be ‘Devastating’ For Mexico’s Economy,” Controversial Energy Reforms Could Be ‘Devastating’ For Mexico’s Economy,”
BNAmericas, February 4, 2022; , February 4, 2022;
Ricardo Bracho et al., Ricardo Bracho et al.,
Impact Analysis of Amendments to Mexico's Unit Commitment and Dispatch Rules, National , National
Renewable Energy Laboratory, 2022, p. 33. Renewable Energy Laboratory, 2022, p. 33.
COVID-19
Health experts have criticized the López Obrador government’s failure to coordinate “a coherent
Health experts have criticized the López Obrador government’s failure to coordinate “a coherent
and unified national response” to the COVID-19 pandemic.67 Mexico waited several weeks after and unified national response” to the COVID-19 pandemic.67 Mexico waited several weeks after
the U.S.-Mexico border had closed to nonessential travel before declaring a public health the U.S.-Mexico border had closed to nonessential travel before declaring a public health
emergency on March 30, 2020.68 While the government implemented some measures to emergency on March 30, 2020.68 While the government implemented some measures to
ameliorate the economic impacts caused by the virus, including sending advance payments of ameliorate the economic impacts caused by the virus, including sending advance payments of
pensions to senior citizens, observers have characterized Mexico’s fiscal response to the pensions to senior citizens, observers have characterized Mexico’s fiscal response to the
pandemic as “modest.”69 Throughout the pandemic, President López Obrador has downplayed the pandemic as “modest.”69 Throughout the pandemic, President López Obrador has downplayed the
threat posed by COVID-19, flouting public health guidelines in his own behavior. His threat posed by COVID-19, flouting public health guidelines in his own behavior. His
administration’s budget cuts reduced public health system personnel, testing availability, and administration’s budget cuts reduced public health system personnel, testing availability, and
hospital capacity. As of March hospital capacity. As of March
718, 2022, Mexico reported roughly , 2022, Mexico reported roughly
320,000321,800 COVID-19 deaths; the COVID-19 deaths; the
actual total is likely higher since there were an estimated 650,000 “excess deaths” from actual total is likely higher since there were an estimated 650,000 “excess deaths” from
unidentified causes in Mexico from 2020 through October 2021.70 Mexico had fully vaccinated unidentified causes in Mexico from 2020 through October 2021.70 Mexico had fully vaccinated
some 62% of its population as of March some 62% of its population as of March
718, 2022.71 Mexico has been both a recipient and , 2022.71 Mexico has been both a recipient and
67 UCSF Institute for Global Health Sciences, 67 UCSF Institute for Global Health Sciences,
Mexico’s Response to COVID-19: a Case Study, April 2021. , April 2021.
68 IMF, 68 IMF,
Policy Responses to COVID-19 Policy Tracker,,
accessed March 7, 2022. accessed March 7, 2022.
69 Swarnali Ahmed Hannan, Keiko Honjo, and Mehdi Raissi, 69 Swarnali Ahmed Hannan, Keiko Honjo, and Mehdi Raissi,
IMF Working Paper: Mexico Needs a Fiscal Twist:
Response to COVID-19 and Beyond, IMF, October 2020. , IMF, October 2020.
70 Johns Hopkins University, Coronavirus Research Center, “Mexico,” accessed March 7, 2021, at
70 Johns Hopkins University, Coronavirus Research Center, “Mexico,” accessed March 7, 2021, at
https://coronavirus.jhu.edu/region/mexico; “Tracking covid-19 excess deaths across countries,” https://coronavirus.jhu.edu/region/mexico; “Tracking covid-19 excess deaths across countries,”
The Economist, ,
February 9, 2022, using data from EuroMOMO, a group of European epidemiologists tracking COVID-19 and February 9, 2022, using data from EuroMOMO, a group of European epidemiologists tracking COVID-19 and
mortality. mortality.
71 Johns Hopkins University, Coronavirus Research Center, “Mexico,” accessed March 7, 2022.
71 Johns Hopkins University, Coronavirus Research Center, “Mexico,” accessed March 7, 2022.
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benefactor of vaccine diplomacy; the country has received vaccines from the United States,
benefactor of vaccine diplomacy; the country has received vaccines from the United States,
Russia, and others, while more recently donating vaccines to smaller countries. Russia, and others, while more recently donating vaccines to smaller countries.
Social Conditions
Mexico has long had relatively high poverty rates for its level of economic development, a
Mexico has long had relatively high poverty rates for its level of economic development, a
problem exacerbated by the pandemic. Experts estimate nearly 10 million Mexicans fell into problem exacerbated by the pandemic. Experts estimate nearly 10 million Mexicans fell into
poverty in 2020, widening the poverty rate to 43.9%.72 Traditionally, poverty has been most acute poverty in 2020, widening the poverty rate to 43.9%.72 Traditionally, poverty has been most acute
among those in southern Mexico’s rural regions, indigenous populations, and those employed in among those in southern Mexico’s rural regions, indigenous populations, and those employed in
subsistence agriculture or in the informal sector.73 Despite predictions to the contrary, poor and subsistence agriculture or in the informal sector.73 Despite predictions to the contrary, poor and
working class household incomes have been supported by continued remittances sent from family working class household incomes have been supported by continued remittances sent from family
members abroad. Even amid the pandemic, remittances sent to Mexico have reached record members abroad. Even amid the pandemic, remittances sent to Mexico have reached record
levels, increasing by 11% from 2019 to 2020 and 27% from 2020 to 2021.74 levels, increasing by 11% from 2019 to 2020 and 27% from 2020 to 2021.74
Mexico also has experienced high levels of income inequality. According to the
Mexico also has experienced high levels of income inequality. According to the
2022 World
Inequality Report, 57% of Mexico’s wealth was concentrated in 10% of the population, a figure , 57% of Mexico’s wealth was concentrated in 10% of the population, a figure
that has stayed between 55% and 60% over the past century. Inequality has historically been due, that has stayed between 55% and 60% over the past century. Inequality has historically been due,
in part, to the country’s regressive tax system, oligopolies that dominate particular industries, a in part, to the country’s regressive tax system, oligopolies that dominate particular industries, a
relatively low minimum wage, and a lack of targeting in some social programs.75 relatively low minimum wage, and a lack of targeting in some social programs.75
Economists have asserted that reducing the untaxed and unregulated informal sector, in which
Economists have asserted that reducing the untaxed and unregulated informal sector, in which
workers lack job protections and benefits, is crucial for addressing poverty, while also expanding workers lack job protections and benefits, is crucial for addressing poverty, while also expanding
Mexico’s low tax base. Under the Peña Nieto administration, a financial sector reform aimed to Mexico’s low tax base. Under the Peña Nieto administration, a financial sector reform aimed to
increase access to credit for small and medium size businesses (SMEs), which employ a majority increase access to credit for small and medium size businesses (SMEs), which employ a majority
of Mexican workers. A fiscal reform also sought to incentivize SMEs’ participation in the formal of Mexican workers. A fiscal reform also sought to incentivize SMEs’ participation in the formal
economy. Barriers to formalization remain, however, including complex and sometimes costly economy. Barriers to formalization remain, however, including complex and sometimes costly
state and local regulations.76state and local regulations.76
López Obrador has improved many Mexicans’ socioeconomic conditions amid the deepest
López Obrador has improved many Mexicans’ socioeconomic conditions amid the deepest
recession in decades by increasing pensions for the elderly and raising the minimum wage by recession in decades by increasing pensions for the elderly and raising the minimum wage by
95%, in nominal terms, over the first three years of his administration.77 His program to provide 95%, in nominal terms, over the first three years of his administration.77 His program to provide
monthly payments to youth aged 18-29 to attend school or complete internships has enrolled over monthly payments to youth aged 18-29 to attend school or complete internships has enrolled over
300,000 individuals, despite reported administrative and financial irregularities.78 However, he 300,000 individuals, despite reported administrative and financial irregularities.78 However, he
has ended has ended
Prospera, Mexico’s largest social program, which had won international praise for , Mexico’s largest social program, which had won international praise for
targeting those most in need.79 targeting those most in need.79
72 Consejo Nacional de Evaluación de la Política de Desarrollo Social (CONEVAL), 72 Consejo Nacional de Evaluación de la Política de Desarrollo Social (CONEVAL),
Informe de la Política de
Desarrollo Social 2020, February 9, 2021. , February 9, 2021.
73 This figure is from Mexico’s National Council for the Evaluation of Social Development Policy (CONEVAL) and is
73 This figure is from Mexico’s National Council for the Evaluation of Social Development Policy (CONEVAL) and is
available in Spanish at https://www.coneval.org.mx/Medicion/MP/Paginas/Pobreza-2018.aspx. available in Spanish at https://www.coneval.org.mx/Medicion/MP/Paginas/Pobreza-2018.aspx.
74 Banco de México, Sistema de Información Económica, accessed February 14, 2022.
74 Banco de México, Sistema de Información Económica, accessed February 14, 2022.
75 Gerardo Esquivel Hernandez, 75 Gerardo Esquivel Hernandez,
Concentration of Economic and Political Power, Oxfam Mexico, 2015. , Oxfam Mexico, 2015.
76 Jorge Alvarez and Cian Ruane, 76 Jorge Alvarez and Cian Ruane,
Informality and Aggregate Productivity: the Case of Mexico, IMF Country Report, , IMF Country Report,
November 2019; OECD, November 2019; OECD,
Economic Surveys: Mexico, February 2022. , February 2022.
77 Sitio Oficial de Andrés Manuel López Obrador, “Porcentaje de Aumento del Salario Mínimo Nominal y Real (1989-
77 Sitio Oficial de Andrés Manuel López Obrador, “Porcentaje de Aumento del Salario Mínimo Nominal y Real (1989-
2019),” December 19, 2018; Comision Nacional de los Salarios Minimos, “Incremento a los Salarios Minimos para 2019),” December 19, 2018; Comision Nacional de los Salarios Minimos, “Incremento a los Salarios Minimos para
2022,” press release, December 1, 2021, 2022,” press release, December 1, 2021,
78 Zenyazen Flores, “Estas son las irregularidades que la ASF encontró en Jóvenes Construyendo el Futuro,”
78 Zenyazen Flores, “Estas son las irregularidades que la ASF encontró en Jóvenes Construyendo el Futuro,”
El
Financiero, February 21, 2022. , February 21, 2022.
79 Stephen Kidd, “The Demise of Mexico’s Prospera Programme: a Tragedy Foretold,”
79 Stephen Kidd, “The Demise of Mexico’s Prospera Programme: a Tragedy Foretold,”
Development Pathways, June 2, , June 2,
2019. 2019.
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Foreign Policy
In contrast to his predecessor, President López Obrador generally has maintained that the best In contrast to his predecessor, President López Obrador generally has maintained that the best
foreign policy is a strong domestic policy. He has rarely traveled outside the country since foreign policy is a strong domestic policy. He has rarely traveled outside the country since
assuming office. He did meet in Washington, DC, with President Trump in July 2020 and with assuming office. He did meet in Washington, DC, with President Trump in July 2020 and with
President Biden and Canadian Prime Minister Justin Trudeau for the North American Leaders President Biden and Canadian Prime Minister Justin Trudeau for the North American Leaders
Summit in November 2021. Summit in November 2021.
Foreign Minister Marcelo Ebrard (former mayor of Mexico City) has represented Mexico in
Foreign Minister Marcelo Ebrard (former mayor of Mexico City) has represented Mexico in
global fora and led a return to Mexico’s historic noninterventionist and independent approach to global fora and led a return to Mexico’s historic noninterventionist and independent approach to
foreign policy (the so-called “Estrada doctrine”). The current administration reversed Mexico’s foreign policy (the so-called “Estrada doctrine”). The current administration reversed Mexico’s
recognition of Juan Guaidó as Interim President of Venezuela but then hosted Norway-led recognition of Juan Guaidó as Interim President of Venezuela but then hosted Norway-led
negotiations between officials representing Nicolás Maduro and the political opposition in negotiations between officials representing Nicolás Maduro and the political opposition in
August-September 2021. The López Obrador government also granted temporary asylum to August-September 2021. The López Obrador government also granted temporary asylum to
ousted Bolivian President Evo Morales and has established closer relations with Cuba. Some ousted Bolivian President Evo Morales and has established closer relations with Cuba. Some
observers have questioned the López Obrador government’s decision not to endorse Organization observers have questioned the López Obrador government’s decision not to endorse Organization
of American States resolutions criticizing human rights abuses by the Daniel Ortega government of American States resolutions criticizing human rights abuses by the Daniel Ortega government
in Nicaragua.80 in Nicaragua.80
Despite these changes, Mexico continues to participate in multilateral institutions and support
Despite these changes, Mexico continues to participate in multilateral institutions and support
development in Central America. Mexico held a seat on the U.N. Security Council for 2021-2022. development in Central America. Mexico held a seat on the U.N. Security Council for 2021-2022.
In addition to working within trade fora, such as the Pacific Alliance, Mexico continues to In addition to working within trade fora, such as the Pacific Alliance, Mexico continues to
promote its exports and seek new trade partners.81 The López Obrador administration shares the promote its exports and seek new trade partners.81 The López Obrador administration shares the
view of prior Mexican governments that the best way to stop illegal immigration from the view of prior Mexican governments that the best way to stop illegal immigration from the
Northern Triangle of Central America (Guatemala, El Salvador, and Honduras) is to address the Northern Triangle of Central America (Guatemala, El Salvador, and Honduras) is to address the
lack of opportunity and insecurity in that region. In 2019, Mexico proposed a $100 million lack of opportunity and insecurity in that region. In 2019, Mexico proposed a $100 million
program focused on promoting sustainable development in the Northern Triangle.82 In December program focused on promoting sustainable development in the Northern Triangle.82 In December
2021, the United States and Mexico jointly announced 2021, the United States and Mexico jointly announced
Sembrando Oportunidades, a new effort to , a new effort to
coordinate development projects in the Northern Triangle.83 coordinate development projects in the Northern Triangle.83
U.S.-Mexican Relations and Issues for Congress
Mexican-U.S. relations generally have grown closer over the past two decades. A range of Mexican-U.S. relations generally have grown closer over the past two decades. A range of
bilateral mechanisms and institutions have helped the Mexican and U.S. federal governments—as bilateral mechanisms and institutions have helped the Mexican and U.S. federal governments—as
well as stakeholders in border states, the private sector, and nongovernmental organizations—find well as stakeholders in border states, the private sector, and nongovernmental organizations—find
common ground on difficult issues, such as migration and water management. In 2021, the Biden common ground on difficult issues, such as migration and water management. In 2021, the Biden
and López Obrador governments restarted the U.S.-Mexico High-Level Economic Dialogue and López Obrador governments restarted the U.S.-Mexico High-Level Economic Dialogue
(HLED), the High-Level Security Dialogue (HLSD), and the North American Leaders Summit (HLED), the High-Level Security Dialogue (HLSD), and the North American Leaders Summit
(NALS) with Canada. Those meetings did not occur during the Trump Administration. (NALS) with Canada. Those meetings did not occur during the Trump Administration.
Congressional interest in Mexico has focused on encouraging economic linkages; cooperating on
Congressional interest in Mexico has focused on encouraging economic linkages; cooperating on
managing migration flows to the United States; combating illicit flows of people, weapons, drugs, managing migration flows to the United States; combating illicit flows of people, weapons, drugs,
and currency; targeting assistance to Mexico on addressing corruption and human rights abuses; and currency; targeting assistance to Mexico on addressing corruption and human rights abuses;
and managing environmental resources, particularly at the border. The U.S.-Mexico and managing environmental resources, particularly at the border. The U.S.-Mexico
80 “OAS Assembly Condemns Nicaragua’s Election as ‘Not Free,’” AP, November 12, 2021. 80 “OAS Assembly Condemns Nicaragua’s Election as ‘Not Free,’” AP, November 12, 2021.
81 CRS Report R43748, 81 CRS Report R43748,
The Pacific Alliance: A Trade Integration Initiative in Latin America, by M. Angeles , by M. Angeles
Villarreal. Villarreal.
82 “México Destina 100 mdd para Exportar el Plan Sembrando Vida a Centroamérica,”
82 “México Destina 100 mdd para Exportar el Plan Sembrando Vida a Centroamérica,”
Forbes,,
June 21, 2019. June 21, 2019.
83 U.S. Agency for International Development (USAID), “U.S.-Mexico Joint Statement on Sembrando Oportunidades,” 83 U.S. Agency for International Development (USAID), “U.S.-Mexico Joint Statement on Sembrando Oportunidades,”
December 1, 2021. December 1, 2021.
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Interparliamentary Group (IPG), first convened in 1961, has provided a forum through which
Interparliamentary Group (IPG), first convened in 1961, has provided a forum through which
legislators from both countries can address issues such as trade, migration, and security. The legislators from both countries can address issues such as trade, migration, and security. The
House of Representatives met with their Mexican counterparts virtually in July 2020; the Senate House of Representatives met with their Mexican counterparts virtually in July 2020; the Senate
has not met with Mexican senators since 2013. has not met with Mexican senators since 2013.
U.S.-Mexican relations under the López Obrador administration generally have remained cordial.
U.S.-Mexican relations under the López Obrador administration generally have remained cordial.
Nevertheless, periodic tensions have emerged over trade disputes and tariffs; immigration and Nevertheless, periodic tensions have emerged over trade disputes and tariffs; immigration and
border security issues, including President Trump’s decision to construct a border wall; and U.S. border security issues, including President Trump’s decision to construct a border wall; and U.S.
investigations of Mexican officials. Mexico has accommodated changing U.S. immigration and investigations of Mexican officials. Mexico has accommodated changing U.S. immigration and
border security policies, worked with the United States on pandemic recovery, and relaunched border security policies, worked with the United States on pandemic recovery, and relaunched
security cooperation under a new framework. Mexico’s proposed energy reform and U.S. security cooperation under a new framework. Mexico’s proposed energy reform and U.S.
concerns about the killings of journalists in Mexico have prompted congressional offices to send concerns about the killings of journalists in Mexico have prompted congressional offices to send
several letters to the Biden Administration that voice concerns and have caused some strain in several letters to the Biden Administration that voice concerns and have caused some strain in
relations.84 (See relations.84 (See
“Outlook,” below.) below.)
Counternarcotics, Security Cooperation, and U.S. Foreign Aid85
Mexico is a long-time recipient of U.S. counterdrug assistance, but cooperation was limited Mexico is a long-time recipient of U.S. counterdrug assistance, but cooperation was limited
between the mid-1980s and mid-2000s due to U.S. distrust of Mexican officials and Mexican between the mid-1980s and mid-2000s due to U.S. distrust of Mexican officials and Mexican
sensitivity about U.S. involvement in the country’s internal affairs. Close cooperation resumed in sensitivity about U.S. involvement in the country’s internal affairs. Close cooperation resumed in
2007, when then-President George W. Bush requested, and Congress appropriated, increased 2007, when then-President George W. Bush requested, and Congress appropriated, increased
counterdrug assistance for Mexico. Although initial U.S. funding for what ultimately would be counterdrug assistance for Mexico. Although initial U.S. funding for what ultimately would be
known as the “Mérida Initiative” focused heavily on training and equipping Mexican security known as the “Mérida Initiative” focused heavily on training and equipping Mexican security
forces, Congress shifted the emphasis of bilateral efforts over time to strengthening Mexican forces, Congress shifted the emphasis of bilateral efforts over time to strengthening Mexican
institutions under four broad pillars. Until FY2016, Congress withheld some U.S. security institutions under four broad pillars. Until FY2016, Congress withheld some U.S. security
assistance provided through the Mérida Initiative until certain human rights withholding assistance provided through the Mérida Initiative until certain human rights withholding
requirements were met (see requirements were met (see
“Human Rights,” below). In compliance with Leahy Law vetting below). In compliance with Leahy Law vetting
requirements (22 U.S.C. 2378d),86 U.S. agencies continue to vet individuals and units for requirements (22 U.S.C. 2378d),86 U.S. agencies continue to vet individuals and units for
potential human rights abuses prior to delivering training and/or equipment. potential human rights abuses prior to delivering training and/or equipment.
Congress has funded and overseen the Mérida Initiative, which has accounted for the majority of
Congress has funded and overseen the Mérida Initiative, which has accounted for the majority of
U.S. foreign assistance to Mexico since FY2008. Congress maintained level funding for the U.S. foreign assistance to Mexico since FY2008. Congress maintained level funding for the
Mérida Initiative even as the Trump Administration requested less support (SeMérida Initiative even as the Trump Administration requested less support (Se
e Table 1 for recent for recent
U.S. assistance to Mexico aU.S. assistance to Mexico a
nd Table A-1 for Mérida Initiative funding). Nevertheless, elevated for Mérida Initiative funding). Nevertheless, elevated
organized crime-related violence in Mexico and drug overdose deaths in the United States have organized crime-related violence in Mexico and drug overdose deaths in the United States have
led many to question the Mérida Initiative’s efficacy.87 Mexican transnational criminal led many to question the Mérida Initiative’s efficacy.87 Mexican transnational criminal
organizations (chiefly, the Sinaloa Cartel and the Jalisco New Generation Cartel, or CJNG) have organizations (chiefly, the Sinaloa Cartel and the Jalisco New Generation Cartel, or CJNG) have
established Mexico as the primary source and transit point for illicit fentanyl into the United established Mexico as the primary source and transit point for illicit fentanyl into the United
States.88 In its February 2022 final report, the Commission on Combating Synthetic Opioid States.88 In its February 2022 final report, the Commission on Combating Synthetic Opioid
Trafficking established by Section 7221 of P.L. 116-92 assessed that “cooperation with foreign Trafficking established by Section 7221 of P.L. 116-92 assessed that “cooperation with foreign
84 AP, “U.S. Climate Envoy John Kerry Visits Mexico amid Power Clash,” February 8, 2022; 84 AP, “U.S. Climate Envoy John Kerry Visits Mexico amid Power Clash,” February 8, 2022;
Latin News Daily, ,
“MEXICO: US-Mexico Tensions Rise over Killings of Journalists,” February 24, 2022. “MEXICO: US-Mexico Tensions Rise over Killings of Journalists,” February 24, 2022.
85 See also CRS In Focus IF10578, 85 See also CRS In Focus IF10578,
Mexico: Evolution of the Mérida Initiative, FY2008-FY2022; CRS Insight IN11859, ; CRS Insight IN11859,
New U.S.-Mexico Security Strategy: Issues for Congressional Consideration. .
86 See CRS In Focus IF10575,
86 See CRS In Focus IF10575,
Human Rights Issues: Security Forces Vetting (“Leahy Laws”), by Liana W. Rosen. , by Liana W. Rosen.
87 Western Hemisphere Drug Policy Commission, 87 Western Hemisphere Drug Policy Commission,
Report of the Western Hemisphere Drug Policy Commission, ,
December 2020. December 2020.
88 As the Chinese government has placed strict controls on fentanyl, Mexican drug trafficking organizations are
88 As the Chinese government has placed strict controls on fentanyl, Mexican drug trafficking organizations are
increasingly involved in supplying the U.S. market. U.S. Drug Enforcement Administration, increasingly involved in supplying the U.S. market. U.S. Drug Enforcement Administration,
Fentanyl Flow to the
United States, March 6, 2020. , March 6, 2020.
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law enforcement officials in Mexico to eradicate the fentanyl threat has been insufficient to date.”
law enforcement officials in Mexico to eradicate the fentanyl threat has been insufficient to date.”
In oversight hearings, Members of Congress have repeatedly expressed concerns about the lack of In oversight hearings, Members of Congress have repeatedly expressed concerns about the lack of
metrics for measuring the Mérida Initiative’s success; these concerns also prompted Members to metrics for measuring the Mérida Initiative’s success; these concerns also prompted Members to
request several Government Accountability Office reports on similar topics.89 request several Government Accountability Office reports on similar topics.89
On January 31, 2022, the U.S. and Mexican governments published an action plan for
On January 31, 2022, the U.S. and Mexican governments published an action plan for
implementing the U.S-Mexico Bicentennial Framework for Security, Public Heath, and Safe implementing the U.S-Mexico Bicentennial Framework for Security, Public Heath, and Safe
Communities. Launched at the October 2021 HLSD, the framework is a replacement for the Communities. Launched at the October 2021 HLSD, the framework is a replacement for the
Mérida Initiative. The framework’s action plan has three broad pillars (seMérida Initiative. The framework’s action plan has three broad pillars (se
e Figure 4) that that
Congress could influence, particularly through the appropriations process. The extent to which Congress could influence, particularly through the appropriations process. The extent to which
the framework helps disrupt the illicit production and trafficking of U.S.-bound synthetic opioids, the framework helps disrupt the illicit production and trafficking of U.S.-bound synthetic opioids,
a key U.S. priority, may determine congressional perceptions of the framework’s success. a key U.S. priority, may determine congressional perceptions of the framework’s success.
Figure 4. U.S.-Mexican Security Cooperation Frameworks
Source: U.S. Department of State. U.S. Department of State.
The Biden Administration requested $116.8 million for Mexico for FY2022 (s
The Biden Administration requested $116.8 million for Mexico for FY2022 (s
ee Table 1). .
The House-passed version of the FY2022 foreign aid appropriations bill (H.R. 4373, H.Rept. 117-84) would provide $158.9 million forAccording to the explanatory statement accompanying the FY2022 Consolidated Appropriations Act (H.R. 2471/P.L. 117-103), Congress is providing $158.9 million in assistance to Mexico, the same amount Mexico, the same amount
as in FY2021. H.Rept. 117-84 would prohibitappropriated in FY2021. The explanatory statement includes a provision from H.Rept. 117-84 that prohibits funding to support Mexican military participation in public security funding to support Mexican military participation in public security
efforts. It would efforts and urges support for criminal justice reform, human rights protection, and community-level crime and violence prevention. Other reporting directives require a comprehensive review of funds provided through the Mérida Initiativerequire a comprehensive review of funds provided through the Mérida Initiative
and; a report on a report on
any funds appropriated to Mexican agencies involved in migration managementany funds appropriated to Mexican agencies involved in migration management
within 90 days of the bill’s enactment. H.Rept. 117-84 also would require reports on; plans to improve data plans to improve data
collection on synthetic drug trafficking; the adequacy of Mexico’s efforts to combat human rights collection on synthetic drug trafficking; the adequacy of Mexico’s efforts to combat human rights
abuses, such as torture and enforced disappearances; crimes committed along Mexico’s northern abuses, such as torture and enforced disappearances; crimes committed along Mexico’s northern
highways; efforts to combat fentanyl flows; and the efficacy of U.S. drug policy.highways; efforts to combat fentanyl flows; and the efficacy of U.S. drug policy.
The Senate-introduced version of the FY2022 foreign aid bill (S. 3075) does not stipulate a total funding level for Mexico. It would provide $80 million in International Narcotics Control and Law Enforcement funds.90
89 U.S. Government Accountability Office (GAO), 89 U.S. Government Accountability Office (GAO),
U.S. Assistance to Mexico: State Department Could Improve Its
Monitoring of Mérida Initiative Projects, GAO-20-388, May 12, 2020. , GAO-20-388, May 12, 2020.
90 There is also a reporting directive unrelated to security matters that is focused on efforts to strengthen North American supply chains.
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Table 1. U.S. Assistance to Mexico: FY2018-FY2022
(appropriations in millions of current dollars)
(appropriations in millions of current dollars)
FY2021
FY2022
Foreign Assistance Account
FY2018
FY2019
FY2020
(enacted)
request (enacted)
Development Assistance (DA)
Development Assistance (DA)
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
0.0
Economic Support Fund (ESF)
Economic Support Fund (ESF)
45.0
45.0
45.0
45.0
50.0
50.0
50.0
50.0
50.0
50.0
International Narcotics Control and Law
International Narcotics Control and Law
100.0
100.0
110.0
110.0
100.0
100.0
100.0
100.0
64100.0 .0
Enforcement (INCLE)
Enforcement (INCLE)
Foreign Military Financing (FMF)
Foreign Military Financing (FMF)
5.0
5.0
5.0
5.0
5.0
5.0
6.0
6.0
06.0 .0
International Military Education and Training
International Military Education and Training
1.5
1.5
1.3
1.3
1.8
1.8
1.8
1.8
1.
1.
68
(IMET)
(IMET)
Non-proliferation, Antiterrorism, Demining,
Non-proliferation, Antiterrorism, Demining,
1.2
1.2
1.2
1.2
1.2
1.2
1.2
1.2
1.
1.
02
and Related Programs (NADR)
and Related Programs (NADR)
Total
152.7
162.5
158.0
159.0
116.8159.0
Sources: U.S. Department of State, U.S. Department of State,
Congressional Budget Justifications for Foreign Operations, FY2019-FY2022; , FY2019-FY2022;
Explanatory statement accompanying P.L. 116-260Explanatory statement accompanying P.L. 116-260
.
Three continuing resolutions (P.L. 117-43, P.L. 117-70, and P.L. 117-86) have funded foreign aid programs in the region at the FY2021 level since October 1, 2021. P.L. 117-86 extends appropriations through March 11, 2022; Explanatory statement accompanying P.L. 116-260; and Explanatory statement accompanying P.L. 117-103. .
The Department of Defense (DOD) is not providing assistance through Mérida accounts, nor is
The Department of Defense (DOD) is not providing assistance through Mérida accounts, nor is
the agency mentioned in the Bicentennial Framework. However, DOD has overseen the the agency mentioned in the Bicentennial Framework. However, DOD has overseen the
procurement and delivery of equipment provided through the Foreign Military Financing (FMF) procurement and delivery of equipment provided through the Foreign Military Financing (FMF)
account. Some DOD equipment programs are funded by annual State Department appropriations account. Some DOD equipment programs are funded by annual State Department appropriations
for FMF, which totaled $6.0 million in FY2021 for FMF, which totaled $6.0 million in FY2021
but were not requested forand in FY2022. International FY2022. International
Military Education and Training (IMET) funds, which totaled $1.8 million in FY2021Military Education and Training (IMET) funds, which totaled $1.8 million in FY2021
and in FY2022, support , support
training programs for the Mexican military, including courses in the United States. DOD also training programs for the Mexican military, including courses in the United States. DOD also
provides additional training, equipping, and other logistical support to Mexico that complements provides additional training, equipping, and other logistical support to Mexico that complements
the Mérida Initiative through its own authorities including, but not limited to, Section 333 the Mérida Initiative through its own authorities including, but not limited to, Section 333
Building Partner Capacity and Section 284 Counter-drug and Activities to Counter Transnational Building Partner Capacity and Section 284 Counter-drug and Activities to Counter Transnational
Organized Crime (both authorized under Title 10 of the Organized Crime (both authorized under Title 10 of the
U.S. Code).).
9091 Through 22 U.S.C. 2416, Through 22 U.S.C. 2416,
Congress requires an annual report on Foreign Military Training by DOD and the State Congress requires an annual report on Foreign Military Training by DOD and the State
Department; the agencies submitted the most recent version of that report to relevant committees Department; the agencies submitted the most recent version of that report to relevant committees
in February 2022. in February 2022.
Bilateral military cooperation deepened along with Mérida-related law enforcement cooperation.
Bilateral military cooperation deepened along with Mérida-related law enforcement cooperation.
According Northern Command officials, current bilateral goals focus on “improving regional According Northern Command officials, current bilateral goals focus on “improving regional
security, strengthening military ties with regional partners, and expanding force interoperability security, strengthening military ties with regional partners, and expanding force interoperability
through the Defense Strategic Framework and the Bilateral Military Cooperation Roundtable.”through the Defense Strategic Framework and the Bilateral Military Cooperation Roundtable.”
9192 Mexico is scheduled to host the next bilateral roundtable in May 2022. Mexico is scheduled to host the next bilateral roundtable in May 2022.
Congress may seek to influence how the Biden Administration balances U.S. foreign assistance
Congress may seek to influence how the Biden Administration balances U.S. foreign assistance
priorities in Mexico; monitor the efficacy of U.S.-funded efforts; and recommend ways to priorities in Mexico; monitor the efficacy of U.S.-funded efforts; and recommend ways to
respond to challenges posed by evolving criminal activities and changes in Mexico’s policies. respond to challenges posed by evolving criminal activities and changes in Mexico’s policies.
9091 See ForeignAssistance.gov, “U.S. Foreign Assistance by Country,” at https://foreignassistance.gov/cd/mexico/, See ForeignAssistance.gov, “U.S. Foreign Assistance by Country,” at https://foreignassistance.gov/cd/mexico/,
accessed February 23, 2022. accessed February 23, 2022.
9192 CRS electronic correspondence with U.S. Northern Command officials, February 22, 2022. CRS electronic correspondence with U.S. Northern Command officials, February 22, 2022.
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Law Enforcement Cooperation and Extraditions
In hearings and in letters, the 117th Congress has expressed concerns about friction in U.S.-In hearings and in letters, the 117th Congress has expressed concerns about friction in U.S.-
Mexican security cooperation. Congressional oversight attention may focus on the Bicentennial Mexican security cooperation. Congressional oversight attention may focus on the Bicentennial
Framework’s progress in restarting bilateral law enforcement cooperation. The framework’s Framework’s progress in restarting bilateral law enforcement cooperation. The framework’s
action plan envisions a joint objective of building on past cooperation to investigate and prosecute action plan envisions a joint objective of building on past cooperation to investigate and prosecute
corrupt actors through the disruption of criminal financial networks, as well as increasing corrupt actors through the disruption of criminal financial networks, as well as increasing
cooperation in extradition matters.cooperation in extradition matters.
9293 However, bilateral law enforcement cooperation on all However, bilateral law enforcement cooperation on all
criminal matters, especially those pertaining to corruption cases, remains a source of criminal matters, especially those pertaining to corruption cases, remains a source of
friction between the countries.friction between the countries.
9394 Should that cooperation not improve, Members have introduced Should that cooperation not improve, Members have introduced
legislation (H.R. 2600) that would require the State Department to declare certain Mexican DTOs legislation (H.R. 2600) that would require the State Department to declare certain Mexican DTOs
as foreign terrorist organizations, a move that Mexico likely would oppose.as foreign terrorist organizations, a move that Mexico likely would oppose.
9495
During the Calderón government (2006-2012), Mexico extradited an average of 98 people per
During the Calderón government (2006-2012), Mexico extradited an average of 98 people per
year to the United States, a significant increase over the prior administration. When President year to the United States, a significant increase over the prior administration. When President
Peña Nieto took office, extraditions fell to 54 in 2013 but rose to an administration high of 76 in Peña Nieto took office, extraditions fell to 54 in 2013 but rose to an administration high of 76 in
2016 (se2016 (se
e Figure 5). In January 2017, Mexico’s decision to extradite Joaquín “El Chapo” . In January 2017, Mexico’s decision to extradite Joaquín “El Chapo”
Guzmán, leader of the Sinaloa Cartel and one of the DEA’s top global targets, was a high point in Guzmán, leader of the Sinaloa Cartel and one of the DEA’s top global targets, was a high point in
bilateral cooperation that was praised by many Members of Congress. Extraditions remained bilateral cooperation that was praised by many Members of Congress. Extraditions remained
relatively level during the first two years of the López Obrador government, before hitting a 15-relatively level during the first two years of the López Obrador government, before hitting a 15-
year low in 2021. year low in 2021.
Figure 5. Extraditions from Mexico to the United States: 1999-2021
Source: CRS based on data from U.S. Department of Justice and U.S. Department of State. CRS based on data from U.S. Department of Justice and U.S. Department of State.
9293 U.S. Department of State, “Fact Sheet: Summary of the Action Plan for U.S.-Mexico Bicentennial Framework for U.S. Department of State, “Fact Sheet: Summary of the Action Plan for U.S.-Mexico Bicentennial Framework for
Security, Public Health, and Safe Communities,” January 31, 2022. Security, Public Health, and Safe Communities,” January 31, 2022.
9394 Vanda Felbab-Brown, “Crime and Anti-crime Policies in Mexico in 2022: A Bleak Outlook,” Brookings Institution, Vanda Felbab-Brown, “Crime and Anti-crime Policies in Mexico in 2022: A Bleak Outlook,” Brookings Institution,
January 24, 2022. January 24, 2022.
9495 CRS Insight IN11205, CRS Insight IN11205,
Designating Mexican Drug Cartels as Foreign Terrorists: Policy Implications, coordinated by , coordinated by
Liana W. Rosen. Liana W. Rosen.
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Human Rights95Rights96
The U.S. Congress has expressed ongoing concerns about human rights conditions in Mexico The U.S. Congress has expressed ongoing concerns about human rights conditions in Mexico
through conditions on appropriations, support for human rights programming, oversight hearings, through conditions on appropriations, support for human rights programming, oversight hearings,
and letters to, and visits with, successive U.S. and Mexican administrations. Recent attention has and letters to, and visits with, successive U.S. and Mexican administrations. Recent attention has
focused on violence against journalists in Mexico.focused on violence against journalists in Mexico.
9697 Congress has continued to monitor adherence Congress has continued to monitor adherence
to the Leahy vetting requirements that must be met under the Foreign Assistance Act (FAA) of to the Leahy vetting requirements that must be met under the Foreign Assistance Act (FAA) of
1961, as amended (22 U.S.C. 2378d), which pertains to State Department aid, and 10 U.S.C. 1961, as amended (22 U.S.C. 2378d), which pertains to State Department aid, and 10 U.S.C.
2249e, which guides DOD funding. DOD suspended assistance to a brigade based in Tlatlaya, 2249e, which guides DOD funding. DOD suspended assistance to a brigade based in Tlatlaya,
Mexico, due to concerns about the brigade’s potential involvement in extrajudicial killings but Mexico, due to concerns about the brigade’s potential involvement in extrajudicial killings but
has also worked with Mexico to rehabilitate units once suspended from receiving U.S. has also worked with Mexico to rehabilitate units once suspended from receiving U.S.
assistance.assistance.
9798 Congressional concerns about labor conditions in Mexico and the government’s Congressional concerns about labor conditions in Mexico and the government’s
ability to implement USMCA commitments prompted the inclusion of $210 million in funds for ability to implement USMCA commitments prompted the inclusion of $210 million in funds for
the U.S. Department of Labor’s Bureau of International Labor Affairs (ILAB) technical assistance the U.S. Department of Labor’s Bureau of International Labor Affairs (ILAB) technical assistance
programs in the USCMA’s implementing legislation (P.L. 116-113).programs in the USCMA’s implementing legislation (P.L. 116-113).
9899
From FY2008 to FY2015, Congress made conditional 15% of U.S. assistance to the Mexican
From FY2008 to FY2015, Congress made conditional 15% of U.S. assistance to the Mexican
military and police until the State Department sent a report to appropriators verifying that Mexico military and police until the State Department sent a report to appropriators verifying that Mexico
was taking steps to comply with certain human rights standards. In FY2014, Mexico lost $5.5 was taking steps to comply with certain human rights standards. In FY2014, Mexico lost $5.5
million in funding due to human rights concerns.million in funding due to human rights concerns.
99100 For FY2016-FY2021, human rights reporting For FY2016-FY2021, human rights reporting
requirements applied to FMF rather than to Mérida Initiative accounts. In recent years, human requirements applied to FMF rather than to Mérida Initiative accounts. In recent years, human
rights reporting requirements have been in explanatory statements rather than the legislation. The rights reporting requirements have been in explanatory statements rather than the legislation. The
explanatory statement accompanying the FY2022 Consolidated Appropriations Act (H.R. 2471/P.L. 117-103) requires a report on human rights progress in Mexico, but the reporting directive is not tied to any conditions on assistance provided to Mexico. The State Department reportedly has not sent human rights reports to Congress since FY2017, as the State Department reportedly has not sent human rights reports to Congress since FY2017, as the
agency maintains it is not legally obligated to do so.agency maintains it is not legally obligated to do so.
100101
U.S. assistance to Mexico has supported the Mexican government’s efforts to reform its judicial
U.S. assistance to Mexico has supported the Mexican government’s efforts to reform its judicial
system and improve human rights conditions in the country.system and improve human rights conditions in the country.
101102 Congress has provided funding to Congress has provided funding to
support Mexico’s transition from an inquisitorial justice system to an oral, adversarial, and support Mexico’s transition from an inquisitorial justice system to an oral, adversarial, and
accusatorial system that aims to strengthen due process and human rights protections for victims accusatorial system that aims to strengthen due process and human rights protections for victims
and the accused.102 The State Department established a high-level human rights dialogue with Mexico, although the dialogue has not yet convened under the López Obrador government. Top 95
96 See also: CRS Report R45199, See also: CRS Report R45199,
Violence Against Journalists in Mexico: In Brief; CRS In Focus IF11669, ; CRS In Focus IF11669,
Human
Rights Challenges in Mexico: Addressing Enforced Disappearances. .
9697 Senator Tim Kaine, “Kaine and Rubio Urge State Department to Address Ongoing Violence Against Journalists in Senator Tim Kaine, “Kaine and Rubio Urge State Department to Address Ongoing Violence Against Journalists in
Mexico,” February 8, 2022. Mexico,” February 8, 2022.
9798 Michael Evans, Michael Evans,
US: Mexico Mass Graves Raise “Alarming Questions” About Government “Complicity” in
September 2014 Cartel Killings, National Security Archive, Electronic Briefing Book No. 515, May 2015;, National Security Archive, Electronic Briefing Book No. 515, May 2015;
Col. Col.
Andrew M. Leonard, “Leahy Law Diplomacy: Human Rights Vetting and Foreign Policy,” Andrew M. Leonard, “Leahy Law Diplomacy: Human Rights Vetting and Foreign Policy,”
FAOA Journal of
International Affairs, 2019. , 2019.
9899 The purpose of the funding is for ILAB to administer technical assistance grants to support worker-focused capacity The purpose of the funding is for ILAB to administer technical assistance grants to support worker-focused capacity
building and efforts to reduce workplace discrimination, child labor, forced labor, human trafficking, child exploitation building and efforts to reduce workplace discrimination, child labor, forced labor, human trafficking, child exploitation
and other efforts related to implementation of Mexico’s labor commitments. and other efforts related to implementation of Mexico’s labor commitments.
99100 As a result of the State Department’s decision not to submit a report for Mexico, some $5 million in FY2014 As a result of the State Department’s decision not to submit a report for Mexico, some $5 million in FY2014
International Narcotics Control and Law Enforcement (INCLE) assistance was reprogrammed by the State Department International Narcotics Control and Law Enforcement (INCLE) assistance was reprogrammed by the State Department
to Peru. Mexico lost close to $500,000 in Foreign Military Financing (FMF), as well. to Peru. Mexico lost close to $500,000 in Foreign Military Financing (FMF), as well.
100101 CRS interview with State Department official, March 20, 2020. CRS interview with State Department official, March 20, 2020.
101102 For an overview of recent programs, see GAO, For an overview of recent programs, see GAO,
U.S. Assistance to Mexico: State and USAID Allocated over $700
Million to Support Criminal Justice, Border Security, and Related Efforts from Fiscal Year 2014 Through 2018, GAO , GAO
19-647, September 10, 2019. 19-647, September 10, 2019.
102 While DOJ has supported reform efforts at the federal level, USAID programs have been at the state level since 2016. See USAID, “Mexico: Rule of Law,” September 2020, available at https://www.usaid.gov/mexico/rule-of-law.
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and the accused.103 The State Department established a high-level human rights dialogue with Mexico, although the dialogue has not yet convened under the López Obrador government. Top U.S. officials have issued statements on specific human rights concerns, including a recent tweet U.S. officials have issued statements on specific human rights concerns, including a recent tweet
by Secretary of State Antony Blinken expressing concern violence against journalists.by Secretary of State Antony Blinken expressing concern violence against journalists.
103104 Protecting human rights and “vulnerable populations” is included under the first pillar of the new Protecting human rights and “vulnerable populations” is included under the first pillar of the new
Bicentennial Framework (seBicentennial Framework (se
e Figure 4). The State Department engages with human rights and . The State Department engages with human rights and
freedom of expression organizations in Mexico and ensures U.S. training programs for police and freedom of expression organizations in Mexico and ensures U.S. training programs for police and
criminal justice sector actors have units on protecting human rights. criminal justice sector actors have units on protecting human rights.
The U.S. Agency for International Development (USAID) provides technical assistance to the
The U.S. Agency for International Development (USAID) provides technical assistance to the
Mexican federal and state governments as well as complementary support to think tanks and civil Mexican federal and state governments as well as complementary support to think tanks and civil
society organizations on human rights issues.society organizations on human rights issues.
104105 USAID’s human rights programming includes a USAID’s human rights programming includes a
new $24 million initiative to support national and state implementation of laws against torture and new $24 million initiative to support national and state implementation of laws against torture and
enforced disappearances and to provide forensic assistance to address unidentified remains. Other enforced disappearances and to provide forensic assistance to address unidentified remains. Other
ongoing initiatives seek to better protect journalists and human rights defenders, as well as to ongoing initiatives seek to better protect journalists and human rights defenders, as well as to
address enforced disappearances, femicides, and torture in selected states. In December 2020, address enforced disappearances, femicides, and torture in selected states. In December 2020,
USAID published its five-year strategy for Mexico, which integrates these efforts into a broader USAID published its five-year strategy for Mexico, which integrates these efforts into a broader
strategy to help state and local governments committed to addressing impunity and violence.strategy to help state and local governments committed to addressing impunity and violence.
105106 USAID continues to support organizations that have received criticism for their anti-corruption USAID continues to support organizations that have received criticism for their anti-corruption
and human rights advocacy from President López Obrador and his party.and human rights advocacy from President López Obrador and his party.
106107
Congress is likely to continue monitoring human rights conditions in Mexico, including
Congress is likely to continue monitoring human rights conditions in Mexico, including
compliance with compliance with
conditionsreporting requirements included in the explanatory statement to the included in the explanatory statement to the
FY2021 FY2022 Consolidated Consolidated
Appropriations Act (H.R. Appropriations Act (H.R.
1332471/P.L. 117-103) and commitments to improve labor conditions made under ) and commitments to improve labor conditions made under
USMCA.USMCA.
107108 Some Members of Congress have written letters to U.S. and Mexican officials Some Members of Congress have written letters to U.S. and Mexican officials
regarding human rights concerns, including allegations of extrajudicial killings by security forces, regarding human rights concerns, including allegations of extrajudicial killings by security forces,
violence against journalistsviolence against journalists
and human rights defenders, and abuses of migrants. , and abuses of migrants.
Congress may monitor how the López Obrador administration moves to punish past human rights
Congress may monitor how the López Obrador administration moves to punish past human rights
abusers; how Mexico’s National Guard, along with other security and judicial actors, is or is not abusers; how Mexico’s National Guard, along with other security and judicial actors, is or is not
respecting human rights; what mechanisms exist to address allegations of abuse and wrongdoing respecting human rights; what mechanisms exist to address allegations of abuse and wrongdoing
by such actors; and the adequacy of victims’ assistance. Congress also may question how the by such actors; and the adequacy of victims’ assistance. Congress also may question how the
103 103
While DOJ has supported reform efforts at the federal level, USAID programs have been at the state level since 2016. See USAID, “Mexico: Rule of Law,” September 2020, available at https://www.usaid.gov/mexico/rule-of-law. 104 Secretary Antony Blinken (@SecBlinken), “The high number of journalists killed in Mexico this year and the Secretary Antony Blinken (@SecBlinken), “The high number of journalists killed in Mexico this year and the
ongoing threats they face are concerning. I join those calling for greater accountability and protections for Mexican ongoing threats they face are concerning. I join those calling for greater accountability and protections for Mexican
journalists,” Twitter, February 22, 2022, 8:47 p.m.journalists,” Twitter, February 22, 2022, 8:47 p.m.
104
105 USAID, “Mexico: Human Rights,” April 2021. USAID, “Mexico: Human Rights,” April 2021.
105106 USAID, USAID,
Mexico: Country Development Cooperation Strategy, available at https://www.usaid.gov/mexico/cdcs. , available at https://www.usaid.gov/mexico/cdcs.
106107 Rafael Bernal. “Mexican President Calls on U.S. to Stop Funding Groups Critical of his Administration,” Rafael Bernal. “Mexican President Calls on U.S. to Stop Funding Groups Critical of his Administration,”
The Hill, ,
February 21, 2022. February 21, 2022.
107 Those conditions maintain that
of the funds available for assistance for Mexico under the FMF heading, 25 percent shall be withheld from obligation until the Secretary of State determines and reports to the Committee that the Government of Mexico is: (1) thoroughly and 108 The explanatory statement asserts,
Not later than 45 days after enactment of this Act, the Secretary of State shall report to the Committees on Appropriations on the extent to which the Government of Mexico is: (1) credibly investigating and prosecuting violations credibly investigating and prosecuting violations
of human rights in civilian courts; (2) of human rights in civilian courts; (2)
vigorously enforcing prohibitions against torture and the use enforcing prohibitions against torture and the use
of testimony obtained through torture; and (3) searching for victims of forced disappearances and of testimony obtained through torture; and (3) searching for victims of forced disappearances and
credibly investigating and prosecuting those responsible for credibly investigating and prosecuting those responsible for
such crimes. Additionally, the report shall discuss how assistance under the Merida program contributed to the objectives above. such crimes.” In addition, the State Department must withhold those funds until the Secretary of State determines that “the Government of Mexico is implementing credible counternarcotics and law enforcement strategies in cooperation with the United States that reflect the input of civil society, have realistic goals, and are consistent with the right of due process and protection of human rights.
For background, see CRS In Focus IF11308, USMCA: Labor Provisions, by M. Angeles Villarreal and Cathleen D. Cimino-Isaacs. Niv Ellis, “First USMCA Report Raises ‘Serious Concerns’ on Mexico Labor Law Implementation,” The Hill, December 17, 2020.
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State Department and USAID can provide support to emerging human rights priorities, as well as
State Department and USAID can provide support to emerging human rights priorities, as well as
the effects of ILAB technical assistance programs on labor conditions in Mexico. the effects of ILAB technical assistance programs on labor conditions in Mexico.
Migration and Border Issues
Immigration and border security are perennial issues of interest to Congress, which has enacted Immigration and border security are perennial issues of interest to Congress, which has enacted
piecemeal stand-alone legislation but has failed to enact comprehensive immigration reform for piecemeal stand-alone legislation but has failed to enact comprehensive immigration reform for
several decades.several decades.
108109 President Biden’s proposed comprehensive immigration reform bill, President Biden’s proposed comprehensive immigration reform bill,
introduced in 2021 as the U.S. Citizenship Act (S. 348/H.R. 1177, has yet to receive introduced in 2021 as the U.S. Citizenship Act (S. 348/H.R. 1177, has yet to receive
congressional consideration. Whereas some Members of Congress favor strong border security congressional consideration. Whereas some Members of Congress favor strong border security
measures and restrictions on asylum, others oppose restrictive immigration policies. Amid record measures and restrictions on asylum, others oppose restrictive immigration policies. Amid record
encounters (apprehensions and expulsions) in FY2021, Members of Congress are also closely encounters (apprehensions and expulsions) in FY2021, Members of Congress are also closely
following the role Mexico is playing in interdicting irregular migrants and in offering asylum to following the role Mexico is playing in interdicting irregular migrants and in offering asylum to
those eligible.those eligible.
109110
President Trump’s rhetoric and shifts in U.S. immigration policies tested U.S.-Mexican relations
President Trump’s rhetoric and shifts in U.S. immigration policies tested U.S.-Mexican relations
during the Peña Nieto government. In during the Peña Nieto government. In
E.O.Executive Order 13678 (2017), the Trump Administration broadened 13678 (2017), the Trump Administration broadened
the categories of unauthorized immigrants prioritized for removal (deportation). Since Mexicans the categories of unauthorized immigrants prioritized for removal (deportation). Since Mexicans
comprise the vast majority of individuals removed from the United States each year, this comprise the vast majority of individuals removed from the United States each year, this
disproportionately affected Mexicans. In September 2017, the Administration rescinded the disproportionately affected Mexicans. In September 2017, the Administration rescinded the
Deferred Action for Childhood Arrival (DACA) initiative through a process the U.S. Supreme Deferred Action for Childhood Arrival (DACA) initiative through a process the U.S. Supreme
Court subsequently ruled in June 2020 did not follow proper procedures and had to be vacated.Court subsequently ruled in June 2020 did not follow proper procedures and had to be vacated.
110 This attempt to rescind DACA also 111 Rescinding DACA would have affected Mexicans more than other nationalities, would have affected Mexicans more than other nationalities,
as Mexicans comprise a majority of those who have received relief from removal through the as Mexicans comprise a majority of those who have received relief from removal through the
initiative. initiative.
Under President López Obrador, Mexico has accommodated U.S. policy changes that have
Under President López Obrador, Mexico has accommodated U.S. policy changes that have
shifted more of the burden of sheltering and offering asylum to non-Mexican migrants from the shifted more of the burden of sheltering and offering asylum to non-Mexican migrants from the
United States to Mexico. At the same time, Mexico’s apprehensions of migrants totaled a record United States to Mexico. At the same time, Mexico’s apprehensions of migrants totaled a record
307,679 in 2021, including some 232,500 from Northern Triangle countries (El Salvador, 307,679 in 2021, including some 232,500 from Northern Triangle countries (El Salvador,
Guatemala, and Honduras).Guatemala, and Honduras).
111112 Asylum requests in Mexico reached a record 131,448 in 2021, with Asylum requests in Mexico reached a record 131,448 in 2021, with
Haitians comprising 39.4% of those requests (seHaitians comprising 39.4% of those requests (se
e Figure 6, below). below).
112113
108109 See, for example, CRS Report R46419, See, for example, CRS Report R46419,
Immigration Legislation and Issues in the 116th Congress, coordinated by , coordinated by
Andorra Bruno. Andorra Bruno.
109110 CRS Report R46999, CRS Report R46999,
Immigration: Apprehensions and Expulsions at the Southwest Border, by Audrey Singer and , by Audrey Singer and
William A. Kandel; CRS In Focus IF10215, William A. Kandel; CRS In Focus IF10215,
Mexico’s Immigration Control Efforts, by Clare Ribando Seelke. , by Clare Ribando Seelke.
110111 The Deferred Action for Childhood Arrival (DACA) initiative is an initiative that the Obama Administration The Deferred Action for Childhood Arrival (DACA) initiative is an initiative that the Obama Administration
implemented in 2012 to provide temporary relief from removal and work authorization to certain unlawfully present implemented in 2012 to provide temporary relief from removal and work authorization to certain unlawfully present
individuals who arrived in the United States as children. See CRS Report R45995, individuals who arrived in the United States as children. See CRS Report R45995,
Unauthorized Childhood Arrivals,
DACA, and Related Legislation, by Andorra Bruno; and CRS Legal Sidebar LSB10497, , by Andorra Bruno; and CRS Legal Sidebar LSB10497,
Supreme Court: DACA
Rescission Violated the APA, by Ben Harrington. , by Ben Harrington.
111112 Gobierno de México, Secretaría de Gobernación, Gobierno de México, Secretaría de Gobernación,
Boletín Mensual de Estadisticas Migratorias 2021.
112113 Maritza Pérez, “Solicitudes de Refugio Rompen Récord,” Maritza Pérez, “Solicitudes de Refugio Rompen Récord,”
El Financiero, January 3, 2022. , January 3, 2022.
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Figure 6. Mexico: Apprehensions and Asylum Applications Received
Source: CRS, based on information from Mexico’s Secretary of the Interior. CRS, based on information from Mexico’s Secretary of the Interior.
Migrant Protection Protocols
In December 2018, the López Obrador government offered basic services and jobs to non-
In December 2018, the López Obrador government offered basic services and jobs to non-
Mexicans enrolled in a new U.S. Department of Homeland Security (DHS) program, the Migrant Mexicans enrolled in a new U.S. Department of Homeland Security (DHS) program, the Migrant
Protection Protocols (MPP). The MPP program required more than 70,000 asylum-seekers to wait Protection Protocols (MPP). The MPP program required more than 70,000 asylum-seekers to wait
in Mexico while U.S. immigration courts processed their cases between January 2019 and in Mexico while U.S. immigration courts processed their cases between January 2019 and
January 2021, when the program was initially suspended. DHS first piloted MPP in the El Paso January 2021, when the program was initially suspended. DHS first piloted MPP in the El Paso
sector but gradually expanded the program across the border as part of a June 2019 U.S.-Mexico sector but gradually expanded the program across the border as part of a June 2019 U.S.-Mexico
migration agreement. In June 2021, the Biden Administration terminated new MPP enrollments migration agreement. In June 2021, the Biden Administration terminated new MPP enrollments
but, after a lawsuit challenging the termination, a federal judge ordered DHS to reinstate the but, after a lawsuit challenging the termination, a federal judge ordered DHS to reinstate the
program in August 2021. After losing a Supreme Court appeal, DHS announced the program in August 2021. After losing a Supreme Court appeal, DHS announced the
reimplementation of MPP with new implementation guidance on December 2, 2021.reimplementation of MPP with new implementation guidance on December 2, 2021.
113114 The The
Supreme Court has agreed to hear the Biden Administration’s appeal of the lower court decision Supreme Court has agreed to hear the Biden Administration’s appeal of the lower court decision
this term.this term.
114115 In the meantime, Members of Congress have conducted oversight trips and have held In the meantime, Members of Congress have conducted oversight trips and have held
a hearing on the reinstated MPP policy.a hearing on the reinstated MPP policy.
115116
Title 42
In response to the pandemic, DHS largely suspended asylum processing at the U.S.-Mexico
In response to the pandemic, DHS largely suspended asylum processing at the U.S.-Mexico
border in March 2020 under a Centers for Disease Control and Prevention border in March 2020 under a Centers for Disease Control and Prevention
(CDC) public health order public health order
(referred to as (referred to as
Title 42).).
116117 The Trump Administration then expelled most migrants without The Trump Administration then expelled most migrants without
valid
113114 Department of Homeland Security (DHS) pledged to help Migrant Protection Protocols (MPP) enrollees access Department of Homeland Security (DHS) pledged to help Migrant Protection Protocols (MPP) enrollees access
shelter, counsel, COVID-19 vaccines, and transport to their hearings. Mexico promised temporary legal status and shelter, counsel, COVID-19 vaccines, and transport to their hearings. Mexico promised temporary legal status and
work authorizations for those in MPP. Any adult or family unit from any Western Hemisphere country other than work authorizations for those in MPP. Any adult or family unit from any Western Hemisphere country other than
Mexico now may be subject to MPP. Mexico now may be subject to MPP.
114115 Adam Liptak, “Supreme Court to Review Trump-Era ‘Remain in Mexico’ Asylum Policy,” Adam Liptak, “Supreme Court to Review Trump-Era ‘Remain in Mexico’ Asylum Policy,”
New York Times, ,
February 18, 2022. February 18, 2022.
115116 U.S. Congress, House Committee on Homeland Security, Subcommittee on Border Security, Facilitation, and U.S. Congress, House Committee on Homeland Security, Subcommittee on Border Security, Facilitation, and
Operations, Operations,
Examining the Court-Ordered Reimplementation of the Remain in Mexico Policy, 117th Cong., 2nd sess., , 117th Cong., 2nd sess.,
March 2, 2022. March 2, 2022.
116117 CRS Legal Sidebar LSB10439, CRS Legal Sidebar LSB10439,
Entry Restrictions at the Northern and Southern Borders in Response to COVID-19, ,
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valid travel documents into Mexico or returned them to their home countries without asylum hearings. travel documents into Mexico or returned them to their home countries without asylum hearings.
Mexico has struggled to absorb those migrants.Mexico has struggled to absorb those migrants.
117118 The Biden Administration ended the use of The Biden Administration ended the use of
Title 42 for unaccompanied children and curtailed the policy for family units but left the policy in Title 42 for unaccompanied children and curtailed the policy for family units but left the policy in
place for single adults. During FY2020 and FY2021, nearly 1.2 million migrants were expelled, place for single adults. During FY2020 and FY2021, nearly 1.2 million migrants were expelled,
the majority to Mexico.the majority to Mexico.
118119 On March 4, 2022, a circuit court ruled that Title 42 may still be used, On March 4, 2022, a circuit court ruled that Title 42 may still be used,
but only in cases where a migrant does not express a fear of persecution or torture.but only in cases where a migrant does not express a fear of persecution or torture.
119120
Mexican border cities, some of which have high rates of violent crime, have been sheltering tens
Mexican border cities, some of which have high rates of violent crime, have been sheltering tens
of thousands of migrants since 2019 due to MPP, Title 42, and another policy known as of thousands of migrants since 2019 due to MPP, Title 42, and another policy known as
metering.metering.
120121 Among the concerns raised by human rights organizations is that the rapid expulsions Among the concerns raised by human rights organizations is that the rapid expulsions
reportedly have led to cursory medical screenings reportedly have led to cursory medical screenings
and (few qualifying for existing humanitarian few qualifying for existing humanitarian
exceptions from expulsionexceptions from expulsion
.121).122 With With
manysome shelters limiting new arrivals due to COVID-19, some shelters limiting new arrivals due to COVID-19, some
migrants have experienced precarious living situations and some have been attacked by criminal migrants have experienced precarious living situations and some have been attacked by criminal
groups.groups.
122123
Congress may continue to provide funding and oversight to address migration, border security,
Congress may continue to provide funding and oversight to address migration, border security,
and related humanitarian and health issues on the U.S.-Mexican border and within Mexico. U.S. and related humanitarian and health issues on the U.S.-Mexican border and within Mexico. U.S.
funds appropriated for the Mérida Initiative have supported Mexico’s immigration control efforts funds appropriated for the Mérida Initiative have supported Mexico’s immigration control efforts
and global funds provided through the Migration and Refugee Assistance program to improve and global funds provided through the Migration and Refugee Assistance program to improve
asylum processing, shelters, and assistance to migrants in Mexico. asylum processing, shelters, and assistance to migrants in Mexico.
Economic and Trade Relations and the U.S.-Mexico-Canada
Agreement123Agreement124
The United States and Mexico have a strong economic and trade relationship that was bolstered The United States and Mexico have a strong economic and trade relationship that was bolstered
through NAFTA. From 1994 through the USMCA’s entry into force on July 1, 2020, NAFTA had through NAFTA. From 1994 through the USMCA’s entry into force on July 1, 2020, NAFTA had
removed virtually all tariff and nontariff trade and investment barriers among partner countries removed virtually all tariff and nontariff trade and investment barriers among partner countries
and provided a rules-based mechanism to govern North American trade. Most economic studies and provided a rules-based mechanism to govern North American trade. Most economic studies
concluded the net economic effect of NAFTA on the United States and Mexico was small but concluded the net economic effect of NAFTA on the United States and Mexico was small but
positive, though there were adjustment costs to some sectors in both countries. positive, though there were adjustment costs to some sectors in both countries.
Recent U.S. Administrations have worked with Mexico to coordinate economic issues. The
Recent U.S. Administrations have worked with Mexico to coordinate economic issues. The
Obama Administration worked with Mexico to balance border security while facilitating Obama Administration worked with Mexico to balance border security while facilitating
by Kelsey Y. Santamaria and Ben Harrington. by Kelsey Y. Santamaria and Ben Harrington.
117118 Michelle Hackman, “Court Upholds Federal Government’s Title 42 Border Policy,” Michelle Hackman, “Court Upholds Federal Government’s Title 42 Border Policy,”
Wall Street Journal, March 4, , March 4,
2022. 2022.
118119 CRS Report R46999, CRS Report R46999,
Immigration: Apprehensions and Expulsions at the Southwest Border, by Audrey Singer and , by Audrey Singer and
William A. Kandel. William A. Kandel.
119120 Priscilla Alvarez, “Federal Appeals Court Limits Biden Administration’s Use of Trump-Era Border Policy,” Priscilla Alvarez, “Federal Appeals Court Limits Biden Administration’s Use of Trump-Era Border Policy,”
The
Hill, March 4, 2022. , March 4, 2022.
120121 Even before the pandemic, U.S. Customs and Border Protection (CBP) had been limiting the number of asylum Even before the pandemic, U.S. Customs and Border Protection (CBP) had been limiting the number of asylum
seekers processed each day at designated ports of entry along the U.S. southern border. Migrants affected by this policy seekers processed each day at designated ports of entry along the U.S. southern border. Migrants affected by this policy
generally had not yet reached the U.S. border and were required to remain in Mexico until CBP decided it could generally had not yet reached the U.S. border and were required to remain in Mexico until CBP decided it could
process them. This policy—known as process them. This policy—known as
metering—sought to address an “unprecedented rise in asylum requests,” as well —sought to address an “unprecedented rise in asylum requests,” as well
as safety and health concerns resulting from overcrowding at ports of entry. The policy has led to long wait times and as safety and health concerns resulting from overcrowding at ports of entry. The policy has led to long wait times and
overcrowded conditions on the Mexican side of the border. overcrowded conditions on the Mexican side of the border.
121122 WOLA, “U.S. and Mexico Must Urgently Address Impact of Ongoing Deportations and Expulsions During WOLA, “U.S. and Mexico Must Urgently Address Impact of Ongoing Deportations and Expulsions During
COVID-19,” May 29, 2020. COVID-19,” May 29, 2020.
122123 Human Rights First, Human Rights First,
Delivered to Danger, February 19, 2021. , February 19, 2021.
123124 This section is drawn from CRS Report RL32934, This section is drawn from CRS Report RL32934,
U.S.-Mexico Economic Relations: Trends, Issues, and
Implications, by M. Angeles Villarreal. , by M. Angeles Villarreal.
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legitimate trade and travel, promoting competitiveness, and pursuing greater energy integration
legitimate trade and travel, promoting competitiveness, and pursuing greater energy integration
through a cabinet-level High-Level Economic Dialogue (HLED) chaired by Vice President Biden. through a cabinet-level High-Level Economic Dialogue (HLED) chaired by Vice President Biden.
The High-Level Regulatory Cooperation Council helped align regulatory principles. Trilateral The High-Level Regulatory Cooperation Council helped align regulatory principles. Trilateral
(with Canada) cooperation occurred under the aegis of the North American Leadership Summits (with Canada) cooperation occurred under the aegis of the North American Leadership Summits
(NALS). (NALS).
Under the Trump Administration, neither the HLED nor the NALS took place. However, the
Under the Trump Administration, neither the HLED nor the NALS took place. However, the
Executive Steering Committee (ESC)—which guided efforts along the border during the Obama Executive Steering Committee (ESC)—which guided efforts along the border during the Obama
Administration—expanded to focus on boosting competitiveness. The U.S.-Mexican CEO Administration—expanded to focus on boosting competitiveness. The U.S.-Mexican CEO
Dialogue also continued to convene biannual meetings and issue recommendations for both Dialogue also continued to convene biannual meetings and issue recommendations for both
governments. As previously mentioned, the Biden Administration has restarted both the HLED governments. As previously mentioned, the Biden Administration has restarted both the HLED
and the NALS. and the NALS.
Modernizing the U.S.-Mexican Border
Congress has long expressed concerns about delays and unpredictable wait times at the U.S.-
Congress has long expressed concerns about delays and unpredictable wait times at the U.S.-
Mexico border. The majority of U.S.-Mexican trade passes through a port of entry along the Mexico border. The majority of U.S.-Mexican trade passes through a port of entry along the
southwestern border, often more than once, due to the increasing integration of manufacturing southwestern border, often more than once, due to the increasing integration of manufacturing
processes in the United States and Mexico. Past bilateral efforts have contributed to reductions in processes in the United States and Mexico. Past bilateral efforts have contributed to reductions in
wait times at some points of entry, but infrastructure and staffing issues remain on both the U.S. wait times at some points of entry, but infrastructure and staffing issues remain on both the U.S.
and Mexican sides of the border. While Congress has enacted (P.L. 114-279) legislation to allow and Mexican sides of the border. While Congress has enacted (P.L. 114-279) legislation to allow
public-private partnerships to address some border infrastructure issues, staffing issues remain public-private partnerships to address some border infrastructure issues, staffing issues remain
challenging. challenging.
In May 2010, the United States and Mexico declared their intent to collaborate on enhancing the
In May 2010, the United States and Mexico declared their intent to collaborate on enhancing the
U.S.-Mexican border.U.S.-Mexican border.
124125 A Twenty-First Century Border Bilateral ESC has met since then, most A Twenty-First Century Border Bilateral ESC has met since then, most
recently in December 2021, to develop binational action plans and oversee implementation of recently in December 2021, to develop binational action plans and oversee implementation of
those plans.those plans.
125126 In 2021, the ESC reviewed the completion of a three-phased modernization of the In 2021, the ESC reviewed the completion of a three-phased modernization of the
San Isidro port of entry, the one of the world’s busiest border crossings. The ESC sets goals San Isidro port of entry, the one of the world’s busiest border crossings. The ESC sets goals
within broad objectives: coordinating infrastructure development, expanding trusted traveler and within broad objectives: coordinating infrastructure development, expanding trusted traveler and
shipment programs, establishing pilot projects for cargo preclearance, improving cross-border shipment programs, establishing pilot projects for cargo preclearance, improving cross-border
commerce and ties, and bolstering information sharing among law enforcement agencies. commerce and ties, and bolstering information sharing among law enforcement agencies.
The COVID-19 pandemic posed several challenge for U.S., Mexican, and Canadian officials that
The COVID-19 pandemic posed several challenge for U.S., Mexican, and Canadian officials that
Congress has examined via several oversight hearings. Officials initially struggled to maintain the Congress has examined via several oversight hearings. Officials initially struggled to maintain the
integrity of supply chains for industries deemed essential during the pandemic while protecting integrity of supply chains for industries deemed essential during the pandemic while protecting
the health of workers employed in those sectors. Officials have communicated on a weekly basis the health of workers employed in those sectors. Officials have communicated on a weekly basis
to try to minimize the effects of border travel restrictions and to determine when current trade and to try to minimize the effects of border travel restrictions and to determine when current trade and
travel restrictions can be safely lifted.travel restrictions can be safely lifted.
126127 Congress may monitor how the Biden Administration Congress may monitor how the Biden Administration
balances trade and infrastructure issues with other priorities along the southwestern border. balances trade and infrastructure issues with other priorities along the southwestern border.
124125 White House, “Declaration by the Government of the United States of America and the Government of the United White House, “Declaration by the Government of the United States of America and the Government of the United
Mexican States Concerning Twenty-First Century Border Management,” press release, May 19, 2010. As mentioned, Mexican States Concerning Twenty-First Century Border Management,” press release, May 19, 2010. As mentioned,
U.S.-Mexican security cooperation along the border did not begin with the Mérida Initiative. U.S.-Mexican security cooperation along the border did not begin with the Mérida Initiative.
125126 The Executive Steering Committee (ESC) coordinates efforts with Mexico in three areas: infrastructure, secure The Executive Steering Committee (ESC) coordinates efforts with Mexico in three areas: infrastructure, secure
flows, and law enforcement/security. See U.S. Department of State, United States-Mexico Bilateral Executive Steering flows, and law enforcement/security. See U.S. Department of State, United States-Mexico Bilateral Executive Steering
Committee of the 21st Century Border Management Process, December 10, 2021. Committee of the 21st Century Border Management Process, December 10, 2021.
126127 U.S. Department of State, “North American Cooperation on COVID-19,” May 12, 2020. U.S. Department of State, “North American Cooperation on COVID-19,” May 12, 2020.
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U.S.-Mexico-Canada Agreement127Agreement128
Congress played a key role in modifying, considering, and approving implementing legislation
Congress played a key role in modifying, considering, and approving implementing legislation
for the USMCA, which entered into force on July 1, 2020. Congress is actively overseeing the for the USMCA, which entered into force on July 1, 2020. Congress is actively overseeing the
USMCA’s implementation and USMCA-related trade disputes. In May 2017, the Trump USMCA’s implementation and USMCA-related trade disputes. In May 2017, the Trump
Administration sent a 90-day notification to Congress of its intent to begin talks with Canada and Administration sent a 90-day notification to Congress of its intent to begin talks with Canada and
Mexico to renegotiate and modernize NAFTA, as required by the 2015 Trade Promotion Mexico to renegotiate and modernize NAFTA, as required by the 2015 Trade Promotion
Authority (TPA). Negotiations began on August 16, 2017, and were concluded on September 30, Authority (TPA). Negotiations began on August 16, 2017, and were concluded on September 30,
2018. USMCA was signed on November 30, 2018. The House Democratic leadership 2018. USMCA was signed on November 30, 2018. The House Democratic leadership
recommended modifications to USMCA (on labor, the environment, and dispute settlement, recommended modifications to USMCA (on labor, the environment, and dispute settlement,
among other topics) that led to changes to the agreement and a subsequent negotiation with among other topics) that led to changes to the agreement and a subsequent negotiation with
Mexico and Canada on a USMCA protocol of amendment on December 10, 2019. The House Mexico and Canada on a USMCA protocol of amendment on December 10, 2019. The House
approved USMCA implementing legislation in December 2019, and the Senate followed suit in approved USMCA implementing legislation in December 2019, and the Senate followed suit in
January 2020 (P.L. 116-113). January 2020 (P.L. 116-113).
On April 24, 2020, the U.S. Trade Representative notified Congress that Canada and Mexico had
On April 24, 2020, the U.S. Trade Representative notified Congress that Canada and Mexico had
taken the legal and regulatory steps necessary to implement the USCMA and that the agreement taken the legal and regulatory steps necessary to implement the USCMA and that the agreement
would enter into force on July 1, 2020. On July 8, 2020, President Trump hosted President López would enter into force on July 1, 2020. On July 8, 2020, President Trump hosted President López
Obrador at the White House to commemorate the USMCA’s entry into force.Obrador at the White House to commemorate the USMCA’s entry into force.
128129 Canadian Prime Canadian Prime
Minister Justin Trudeau did not to attend due to the COVID-19 pandemic. Minister Justin Trudeau did not to attend due to the COVID-19 pandemic.
USMCA, composed of 34 chapters and 12 side letters, retains most of NAFTA’s free-trade
USMCA, composed of 34 chapters and 12 side letters, retains most of NAFTA’s free-trade
provisions and other measures, but it makes notable changes to auto rules of origin, dispute provisions and other measures, but it makes notable changes to auto rules of origin, dispute
settlement provisions, government procurement, investment, and intellectual property right (IPR) settlement provisions, government procurement, investment, and intellectual property right (IPR)
protection. It also modernizes provisions in services, labor, and the environment and addresses protection. It also modernizes provisions in services, labor, and the environment and addresses
new trade issues, such as digital trade, state-owned enterprises, anti-corruption, and currency new trade issues, such as digital trade, state-owned enterprises, anti-corruption, and currency
misalignment. Key issues for Congress in the debate surrounding USMCA included workers’ misalignment. Key issues for Congress in the debate surrounding USMCA included workers’
rights protection in Mexico, IPR provisions and access to medicine, the enforceability of labor rights protection in Mexico, IPR provisions and access to medicine, the enforceability of labor
and environmental provisions, and the constitutional authority of Congress over international and environmental provisions, and the constitutional authority of Congress over international
trade and its role in revising, approving, or withdrawing from the agreement. trade and its role in revising, approving, or withdrawing from the agreement.
Congress included $180 million over four years in the USCMA’s implementing legislation (P.L.
Congress included $180 million over four years in the USCMA’s implementing legislation (P.L.
116-113) for technical assistance projects related to the agreement and $30 million to pay for 116-113) for technical assistance projects related to the agreement and $30 million to pay for
labor attachés and other staff to monitor Mexico’s USMCA compliance.labor attachés and other staff to monitor Mexico’s USMCA compliance.
129130 The goals of recent The goals of recent
assistance have been to ensure enforcement of Mexican labor laws and legitimate collective assistance have been to ensure enforcement of Mexican labor laws and legitimate collective
bargaining rights; increase measures to mitigate COVID-19 among workers; and address child bargaining rights; increase measures to mitigate COVID-19 among workers; and address child
labor and forced labor in Mexico’s supply chains, including in agriculture.labor and forced labor in Mexico’s supply chains, including in agriculture.
130131 Some Members of Some Members of
Congress have praised two recent votes by Mexican workers in favor of establishing independent Congress have praised two recent votes by Mexican workers in favor of establishing independent
unions at their automotive plants as steps toward improving workers’ rights and representation.unions at their automotive plants as steps toward improving workers’ rights and representation.
131132
Now that USMCA is in the implementation phase, Congress may wish to consider various issues
Now that USMCA is in the implementation phase, Congress may wish to consider various issues
regarding the agreement. These issues include how the new importing requirements under regarding the agreement. These issues include how the new importing requirements under
USMCA are being phased in; whether the new rules of origin for the motor vehicle industry are USMCA are being phased in; whether the new rules of origin for the motor vehicle industry are
127128 This section is drawn from the summary of CRS Report R44981, This section is drawn from the summary of CRS Report R44981,
The United States-Mexico-Canada Agreement
(USMCA), by M. Angeles Villarreal. , by M. Angeles Villarreal.
128129 The White House, “Remarks by President Trump and President López Obrador of the United Mexican States in The White House, “Remarks by President Trump and President López Obrador of the United Mexican States in
Signing of a Joint Declaration,” July 8, 2020. Signing of a Joint Declaration,” July 8, 2020.
129130 U.S. Department of Labor, Bureau of International Labor Affairs, “Labor Rights and the United States-Mexico- U.S. Department of Labor, Bureau of International Labor Affairs, “Labor Rights and the United States-Mexico-
Canada Agreement (USMCA),” at https://www.dol.gov/agencies/ilab/our-work/trade/labor-rights-usmca. Canada Agreement (USMCA),” at https://www.dol.gov/agencies/ilab/our-work/trade/labor-rights-usmca.
130131 U.S. Department of Labor, “U.S. Department of Labor Announces $20 Million in New Grants to Support USMCA U.S. Department of Labor, “U.S. Department of Labor Announces $20 Million in New Grants to Support USMCA
Implementation, Bringing the 2020 Total to Nearly $50 Million,” News Release, December 16, 2020. Implementation, Bringing the 2020 Total to Nearly $50 Million,” News Release, December 16, 2020.
131
132 AP, “Mexico Sees 2nd Major Win for Independent Unions,” March 1, 2022. AP, “Mexico Sees 2nd Major Win for Independent Unions,” March 1, 2022.
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being implemented as planned; how the more stringent requirements are affecting the North
being implemented as planned; how the more stringent requirements are affecting the North
American motor vehicle industry; how well Mexico is implementing labor law reforms to provide American motor vehicle industry; how well Mexico is implementing labor law reforms to provide
more workers’ rights protection; how well the funding provided by USMCA legislation is more workers’ rights protection; how well the funding provided by USMCA legislation is
ensuring effective implementation of Mexico’s labor reforms; how well the new labor ensuring effective implementation of Mexico’s labor reforms; how well the new labor
enforcement measures, including the rapid response mechanism, are working; and the extent to enforcement measures, including the rapid response mechanism, are working; and the extent to
which USMCA’s updated dispute resolution procedures are improving the enforcement of the which USMCA’s updated dispute resolution procedures are improving the enforcement of the
agreement’s provisions, among other issues. agreement’s provisions, among other issues.
Selected CRS Products on the U.S.-Mexico-Canada Agreement
CRS Report R44981,
CRS Report R44981,
The United States-Mexico-Canada Agreement (USMCA), by M. Angeles Vil arreal , by M. Angeles Vil arreal
CRS In Focus IF10997, CRS In Focus IF10997,
U.S.-Mexico-Canada (USMCA) Trade Agreement, by M. Angeles Vil arreal , by M. Angeles Vil arreal
CRS Legal Sidebar LSB10399, CRS Legal Sidebar LSB10399,
USMCA: Implementation and Considerations for Congress, by Nina M. Hart , by Nina M. Hart
CRS In Focus IF11308, CRS In Focus IF11308,
USMCA: Labor Provisions, by M. Angeles Vil arreal and Cathleen D. Cimino-Isaacs , by M. Angeles Vil arreal and Cathleen D. Cimino-Isaacs
CRS In Focus IF11167, CRS In Focus IF11167,
USMCA: Investment Provisions, by Christopher A. Casey and M. Angeles Vil arreal , by Christopher A. Casey and M. Angeles Vil arreal
CRS In Focus IF11399, CRS In Focus IF11399,
Enforcing International Trade Obligations in USMCA: The State-State Dispute Settlement
Mechanism, by Nina M. Hart , by Nina M. Hart
Energy
Congress has expressed ongoing interest in the future of energy production in Mexico, as it is Congress has expressed ongoing interest in the future of energy production in Mexico, as it is
important for Mexico’s economic growth and for the U.S. energy sector. Mexico has considerable important for Mexico’s economic growth and for the U.S. energy sector. Mexico has considerable
oil and gas resources, but its state oil company (Pemex), has struggled to counter declining oil and gas resources, but its state oil company (Pemex), has struggled to counter declining
production and postponed needed investments due to fiscal challenges. Many Members of production and postponed needed investments due to fiscal challenges. Many Members of
Congress praised Mexico’s 2013 constitutional reforms on energy that opened up oil, electricity, Congress praised Mexico’s 2013 constitutional reforms on energy that opened up oil, electricity,
gas, transmission, production, and sales to private and foreign investment while keeping gas, transmission, production, and sales to private and foreign investment while keeping
ownership of Mexico’s hydrocarbons under state control. Members of Congress have expressed ownership of Mexico’s hydrocarbons under state control. Members of Congress have expressed
serious concerns about the López Obrador administration’s treatment of U.S. energy companies, serious concerns about the López Obrador administration’s treatment of U.S. energy companies,
as well as its proposed electricity reform.as well as its proposed electricity reform.
132133
The 2013 reforms created opportunities for U.S. businesses in exploration, pipeline construction
The 2013 reforms created opportunities for U.S. businesses in exploration, pipeline construction
and ownership, natural gas production, and commercial gasoline sales. Although the reforms did and ownership, natural gas production, and commercial gasoline sales. Although the reforms did
not privatize Pemex, they did expose the company to competition and hastened its entrance into not privatize Pemex, they did expose the company to competition and hastened its entrance into
joint ventures. Because of the reforms, Mexico received more than $160 billion in promised joint ventures. Because of the reforms, Mexico received more than $160 billion in promised
investment.investment.
133134 However, the reforms ended subsidies that kept gasoline prices low for Mexican However, the reforms ended subsidies that kept gasoline prices low for Mexican
consumers and failed to reverse production declines and problems within Pemex. While analysts consumers and failed to reverse production declines and problems within Pemex. While analysts
still predict that the reforms will bring long-term benefits to the country, the Peña Nieto still predict that the reforms will bring long-term benefits to the country, the Peña Nieto
administration oversold their short-term impacts, which has emboldened those within the López administration oversold their short-term impacts, which has emboldened those within the López
Obrador government who have sought to curtail private involvement in the sector.Obrador government who have sought to curtail private involvement in the sector.
134135
The United States sought to cement Mexico’s energy reforms through the NAFTA renegotiations.
The United States sought to cement Mexico’s energy reforms through the NAFTA renegotiations.
NAFTA included some reservations for investment in Mexico’s energy sector. USMCA reinforces NAFTA included some reservations for investment in Mexico’s energy sector. USMCA reinforces
Mexico’s 2013 constitutional reforms and the current legal framework for private energy projects Mexico’s 2013 constitutional reforms and the current legal framework for private energy projects
132133 Sheky Espejo, “Lawmakers Urge Biden to Address Concerns of U.S. Energy Companies in Mexico,” Sheky Espejo, “Lawmakers Urge Biden to Address Concerns of U.S. Energy Companies in Mexico,”
S & P Global
Commodity Insights, July 12, 2021; AP, “U.S. Congressmen Complain About Mexico Energy Changes,” October 20, July 12, 2021; AP, “U.S. Congressmen Complain About Mexico Energy Changes,” October 20,
2021. 2021.
133134 Duncan Wood and John Padilla, Duncan Wood and John Padilla,
Mexico’s new Hydrocarbons Model: a Critical Assessment Four Years Later,
Wilson Center & IPD Latin America. Wilson Center & IPD Latin America.
134135 Ibid Ibid
.; Duncan Wood et al., ; Duncan Wood et al.,
Changing the Guard in Mexico: AMLO’s Opportunities and Challenges, July 2018. , July 2018.
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in Mexico. It includes investor-state dispute settlement mechanisms similar to those that existed
in Mexico. It includes investor-state dispute settlement mechanisms similar to those that existed
in NAFTA for the oil and gas, infrastructure, and other energy sectors, even as those mechanisms in NAFTA for the oil and gas, infrastructure, and other energy sectors, even as those mechanisms
were limited for other sectors.were limited for other sectors.
135136 In addition, the free trade agreement maintains tariff-free exports In addition, the free trade agreement maintains tariff-free exports
of U.S. natural gas to Mexico, which have increased significantly since the 2013 reforms.of U.S. natural gas to Mexico, which have increased significantly since the 2013 reforms.
136137
Private sector trade, innovation, and investment have created a North American energy market
Private sector trade, innovation, and investment have created a North American energy market
that is interdependent and multidirectional, with cross-border gas pipelines and liquefied natural that is interdependent and multidirectional, with cross-border gas pipelines and liquefied natural
gas (LNG) shipments from the United States to Mexico surging. In 2019, the value of U.S. gas (LNG) shipments from the United States to Mexico surging. In 2019, the value of U.S.
petroleum products exports to Mexico totaled nearly $30 billion, more than double the value of petroleum products exports to Mexico totaled nearly $30 billion, more than double the value of
U.S. energy imports from Mexico ($13 billion).U.S. energy imports from Mexico ($13 billion).
137138 Many experts have argued that deepened Many experts have argued that deepened
energy cooperation with Mexico could give North America an industrial advantage.energy cooperation with Mexico could give North America an industrial advantage.
138139
López Obrador’s energy policies have concerned energy investors and U.S. companies with large
López Obrador’s energy policies have concerned energy investors and U.S. companies with large
parts of their supply chains in Mexico. The government’s decisions to halt new auctions in the oil parts of their supply chains in Mexico. The government’s decisions to halt new auctions in the oil
and gas sector, as well as in wind and solar energy projects, stunned investors and put hundreds of and gas sector, as well as in wind and solar energy projects, stunned investors and put hundreds of
existing projects in limbo.existing projects in limbo.
139140 Private sector actors are lobbying for adjustments in the proposed Private sector actors are lobbying for adjustments in the proposed
electricity reform that would enable Mexico to keep its Paris climate agreement pledges and electricity reform that would enable Mexico to keep its Paris climate agreement pledges and
respect private investment while still strengthening the CFE.respect private investment while still strengthening the CFE.
140141
Opportunities exist for continued U.S.-Mexican energy cooperation in the energy sector, but the
Opportunities exist for continued U.S.-Mexican energy cooperation in the energy sector, but the
future of those efforts may depend on the outcome of López Obrador’s proposed reforms. The future of those efforts may depend on the outcome of López Obrador’s proposed reforms. The
Biden Administration has engaged Mexico in several high-level meetings to express concern over Biden Administration has engaged Mexico in several high-level meetings to express concern over
the proposal, citing concerns that it could hinder U.S.-Mexico cooperation on clean energy the proposal, citing concerns that it could hinder U.S.-Mexico cooperation on clean energy
initiatives and violate the USMCA.initiatives and violate the USMCA.
141142 Bilateral efforts to accelerate Mexican action on renewable Bilateral efforts to accelerate Mexican action on renewable
energy development and other policies to reduce greenhouse gas emissions could continue energy development and other policies to reduce greenhouse gas emissions could continue
through a newly created U.S.-Mexico Climate and Clean Energy Working Group.through a newly created U.S.-Mexico Climate and Clean Energy Working Group.
142143
In addition to monitoring López Obrador’s proposed energy reform as it pertains to USMCA,
In addition to monitoring López Obrador’s proposed energy reform as it pertains to USMCA,
congressional oversight may involve broader issues related to the fairness of policies adopted by congressional oversight may involve broader issues related to the fairness of policies adopted by
the López Obrador government toward foreign energy companies and investors. the López Obrador government toward foreign energy companies and investors.
Selected Border Environmental Issues143Issues144
The transboundary flow of raw sewage and industrial wastewater has been a focus of bilateral The transboundary flow of raw sewage and industrial wastewater has been a focus of bilateral
environmental dialogue since at least the U.S.-Mexico Water Treaty of 1944. Effluent, trash, and environmental dialogue since at least the U.S.-Mexico Water Treaty of 1944. Effluent, trash, and
135136 CRS In Focus IF11167, CRS In Focus IF11167,
USMCA: Investment Provisions, by Christopher A. Casey and M. Angeles Villarreal. , by Christopher A. Casey and M. Angeles Villarreal.
136137 “USMCA Deal to Keep Tariffs Off North American Oil, Gas Trade,” “USMCA Deal to Keep Tariffs Off North American Oil, Gas Trade,”
S & P Global Market Intelligence, December , December
10, 2019. 10, 2019.
137138 U.S. Energy Information Administration, “In 2019, the U.S. Imported $13 Billion of Energy Goods from Mexico, U.S. Energy Information Administration, “In 2019, the U.S. Imported $13 Billion of Energy Goods from Mexico,
Exported $34 Billion,” November 4, 2020. Exported $34 Billion,” November 4, 2020.
138139 Earl Anthony Wayne and David Shedd, Earl Anthony Wayne and David Shedd,
Assuring Energy Security with a Modern NAFTA, Wilson Center Mexico , Wilson Center Mexico
Institute, May 9, 2018. Institute, May 9, 2018.
139140 Kate Linthicum, “For Mexico’s President, the Future Isn’t Renewable Energy—It’s Coal,” Kate Linthicum, “For Mexico’s President, the Future Isn’t Renewable Energy—It’s Coal,”
Los Angeles Times, April , April
12, 2021. 12, 2021.
140141 Dave Graham, “Analysis: Hints of Compromise Emerge over Mexico’s Contentious Power Bill,” Reuters, February Dave Graham, “Analysis: Hints of Compromise Emerge over Mexico’s Contentious Power Bill,” Reuters, February
15, 2022. 15, 2022.
141142 U.S. Department of Energy, “Statement by U.S. Secretary of Energy Jennifer M. Granholm on Travel to Mexico U.S. Department of Energy, “Statement by U.S. Secretary of Energy Jennifer M. Granholm on Travel to Mexico
City, Mexico,” press release, January 21, 2021, City, Mexico,” press release, January 21, 2021,
142143 U.S. Embassy and Consulates in Mexico, “Special Presidential Envoy for Climate John Kerry Visits Mexico City,” U.S. Embassy and Consulates in Mexico, “Special Presidential Envoy for Climate John Kerry Visits Mexico City,”
press release, February 9, 2022. press release, February 9, 2022.
143144 This section was authored by Elena Humphreys, Analyst in Environmental Policy. This section was authored by Elena Humphreys, Analyst in Environmental Policy.
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sediment flowing into the United States from Mexico has caused health and environmental
sediment flowing into the United States from Mexico has caused health and environmental
problems in the border region that Members of Congress have consistently raised on behalf of problems in the border region that Members of Congress have consistently raised on behalf of
their constituents. Wastewater collection and treatment system capacity has not kept pace with their constituents. Wastewater collection and treatment system capacity has not kept pace with
rapid population growth in the border region. Also, the aging of existing wastewater infrastructure rapid population growth in the border region. Also, the aging of existing wastewater infrastructure
has led to increased maintenance issues, such as pipeline ruptures. To address border sanitation has led to increased maintenance issues, such as pipeline ruptures. To address border sanitation
issues, Congress has appropriated funds for the International Boundary and Water Commission issues, Congress has appropriated funds for the International Boundary and Water Commission
(IBWC), the U.S. Environmental Protection Agency (EPA), and the North American (IBWC), the U.S. Environmental Protection Agency (EPA), and the North American
Development Bank (NADB) to construct or finance wastewater infrastructure on both sides of the Development Bank (NADB) to construct or finance wastewater infrastructure on both sides of the
border. Several sanitation facilities have been constructed, though continued transboundary flows border. Several sanitation facilities have been constructed, though continued transboundary flows
require bilateral cooperation. require bilateral cooperation.
International Boundary and Water Commission
The IBWC, consisting of U.S. and Mexico Sections, implements boundary and water treaties
The IBWC, consisting of U.S. and Mexico Sections, implements boundary and water treaties
between the United States and Mexico.between the United States and Mexico.
144145 IBWC’s activities are conducted through Minutes, IBWC’s activities are conducted through Minutes,
which have the force of law when both the U.S. and Mexican governments provide written which have the force of law when both the U.S. and Mexican governments provide written
approval through their respective sections of the IBWC. To address the issue of transboundary approval through their respective sections of the IBWC. To address the issue of transboundary
effluent flows, the IBWC has taken actions under numerous Minutes.effluent flows, the IBWC has taken actions under numerous Minutes.
145146 Under this authority, Under this authority,
IBWC has constructed and operates three wastewater treatment plants, two of which treat IBWC has constructed and operates three wastewater treatment plants, two of which treat
Mexican wastewater on the U.S. side of the border. These two wastewater treatment plant are the Mexican wastewater on the U.S. side of the border. These two wastewater treatment plant are the
South Bay International Wastewater Treatment Plant in San Ysidro, CA, and the Nogales South Bay International Wastewater Treatment Plant in San Ysidro, CA, and the Nogales
Wastewater Treatment Plant in Nogales, AZ. IBWC also operates the Nuevo Laredo Wastewater Wastewater Treatment Plant in Nogales, AZ. IBWC also operates the Nuevo Laredo Wastewater
Treatment Plant in Nuevo Laredo, Mexico. Treatment Plant in Nuevo Laredo, Mexico.
Congress appropriates funds to the IBWC for construction activities through State Department
Congress appropriates funds to the IBWC for construction activities through State Department
appropriations. The appropriations. The
FY2021 Consolidated Appropriations Act (P.L. 116-260) included an appropriation of $49State Department’s FY2022 budget requested $46.8 million in construction funds for strengthening the Amistad Dam; rehabilitating IBWC wastewater infrastructure in Nogales, AZ; and improving security for USIBWC facilities and critical infrastructure.147 The Consolidated Appropriations Act, 2022 (P.L. 117-103) includes an appropriation of $51.0 million for IBWC construction, .0 million for IBWC construction,
$12.1roughly $2 million above enacted million above enacted
FY2020 FY2021 IBWC construction appropriations. Congressional appropriators have shown interest in increasing IBWC construction appropriations. Congressional appropriators have shown interest in increasing
oversight regarding oversight regarding
transboundary sewage flows. The joint explanatory statement accompanying the Consolidated Appropriations Act, 2022 (P.L. 117-103) expresses concern over the transboundary flow of effluent from Mexico into the United States and includes a requirement for the Department of State and the IBWC to submit a status report reviewing planned and completed actions to address such flows. The FY2021 Consolidated Appropriations Act (P.L. 116-260) included a requirement for the Secretary of State, in coordination with the heads oftransboundary sewage flows. P.L. 116-260 included a requirement for the Secretary of State, in coordination with the heads of other relevant federal agencies, to submit a report to the appropriations committee on the implementation of the interagency plan developed pursuant to the Further Consolidated Appropriations Act, 2020 (P.L. 116-94), within 90 days of enactment. P.L. 116-94 directed the Secretary of State, as well as other relevant federal agencies, other relevant federal agencies,
to develop a planto submit a report to the appropriations committee on the implementation of the interagency plan developed pursuant to the Further Consolidated Appropriations Act, 2020 (P.L. 116-94), within 90
145 to
address the impacts of toxic transboundary flows on U.S. communities, including: (1) an explanation of the sources and impacts of such flows; (2) the delineation of responsibility between each agency and a description of necessary actions and resources for each agency to address such impacts; (3) steps that will be taken to raise the issue of transboundary flows with the Government of Mexico, including by utilizing U.S. assistance for Mexico to obtain improvements to prevent, divert, and/or treat toxic flows on the Mexican side of
144 In 1882, the United States and Mexico created the International Boundary Commission (IBC) as a temporary In 1882, the United States and Mexico created the International Boundary Commission (IBC) as a temporary
boundary-setting body. See 1882 Boundary Convention, Article 3. The United States and Mexico reestablished the IBC boundary-setting body. See 1882 Boundary Convention, Article 3. The United States and Mexico reestablished the IBC
in 1889 and made it permanent in 1900. See Convention Between the United States of America and the United States in 1889 and made it permanent in 1900. See Convention Between the United States of America and the United States
of Mexico, Extending for an Indefinite Period the Treaty of March 1, 1889, Between the Two Governments, Known as of Mexico, Extending for an Indefinite Period the Treaty of March 1, 1889, Between the Two Governments, Known as
the Water Boundary Convention, U.S.-Mex., Nov. 21, 1900, 31 Stat. 1936. Treaty Between the United States of the Water Boundary Convention, U.S.-Mex., Nov. 21, 1900, 31 Stat. 1936. Treaty Between the United States of
America and Mexico Respecting Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande, U.S.-America and Mexico Respecting Utilization of Waters of the Colorado and Tijuana Rivers and of the Rio Grande, U.S.-
Mex., February 3, 1944, 59 Stat. 1219, at https://www.ibwc.gov/Files/1944Treaty.pdf. The 1944 Treaty, Article 3, Mex., February 3, 1944, 59 Stat. 1219, at https://www.ibwc.gov/Files/1944Treaty.pdf. The 1944 Treaty, Article 3,
states that the countries agree to give preferential attention to the solution of all border sanitation problems. states that the countries agree to give preferential attention to the solution of all border sanitation problems.
145146 These Minutes can be found at https://www.ibwc.gov/Treaties_Minutes/Minutes_ByProject.html. These Minutes can be found at https://www.ibwc.gov/Treaties_Minutes/Minutes_ByProject.html.
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the border; and (4) steps that will be taken to improve the timeliness of warnings to U.S. communities regarding toxic conditions.
Pursuant to the FY2022 Further Extending Government Funding Act (P.L. 117-70), the IBWC, along with other federal agencies, is operating under a continuing resolution at FY2021 funding levels. For FY2022, the State Department’s budget request specified that the $46.8 million, requested in construction funds, be used for strengthening the Amistad Dam; rehabilitating IBWC wastewater infrastructure in Nogales, AZ; and improving security for USIBWC facilities and critical infrastructure.146
As the 117th Congress deliberates on appropriations bills for FY2022, it has continued to pay attention to transboundary pollution issues. The report accompanying the House-passed Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (H.R. 4373) expresses concern over the transboundary flow of effluent from Mexico into the United States and includes a requirement for the Department of State and the IBWC to submit a status report that reviews planned and completed actions to address such flows. The explanatory statement accompanying the Senate-introduced version of the Department of State, Foreign Operations, and Related Programs Appropriations Act, 2022 (S. 3075) directs the U.S. Section of the IBWC to assess the costs, benefits, and feasibility of constructing a screen for debris and drugs in a portion of a pipeline that delivers wastewater across the border to the Nogales Wastewater Treatment Plant. The explanatory statement for S. 3075 further states that should such a screen be effective, then the IBWC should include in its FY2023 request funding to construct a screen. The measure does not specify criteria to assess efficacy147 Department of State, Congressional Budget Justification Department of State, Foreign Operations, and Related Programs, Washington, DC, May 28, 2021, p. 54, at https://www.state.gov/wp-content/uploads/2021/05/FY-2022-State_USAID-Congressional-Budget-Justification.pdf.
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days of enactment. P.L. 116-94 directed the Secretary of State, as well as other relevant federal agencies, to develop a plan to
address the impacts of toxic transboundary flows on U.S. communities, including: (1) an explanation of the sources and impacts of such flows; (2) the delineation of responsibility between each agency and a description of necessary actions and resources for each agency to address such impacts; (3) steps that will be taken to raise the issue of transboundary flows with the Government of Mexico, including by utilizing U.S. assistance for Mexico to obtain improvements to prevent, divert, and/or treat toxic flows on the Mexican side of the border; and (4) steps that will be taken to improve the timeliness of warnings to U.S. communities regarding toxic conditions. .
North American Development Bank
In October 1993, the United States and Mexico adopted an agreement to establish the Border
In October 1993, the United States and Mexico adopted an agreement to establish the Border
Environment Cooperation Commission (BECC) and the NADB to provide financial assistance for Environment Cooperation Commission (BECC) and the NADB to provide financial assistance for
environmental infrastructure projects in the border region. The agreement noted the need for environmental infrastructure projects in the border region. The agreement noted the need for
environmental infrastructure, especially in the areas of water pollution, wastewater treatment, and environmental infrastructure, especially in the areas of water pollution, wastewater treatment, and
municipal solid waste. The BECC is authorized to help border states and communities coordinate, municipal solid waste. The BECC is authorized to help border states and communities coordinate,
design, and mobilize financing for environmental infrastructure projects, and to certify projects design, and mobilize financing for environmental infrastructure projects, and to certify projects
for financing. The NADB evaluates the financial feasibility of BECC-certified projects and for financing. The NADB evaluates the financial feasibility of BECC-certified projects and
provides financing as appropriate. Congress authorized U.S. participation in the BECC and provides financing as appropriate. Congress authorized U.S. participation in the BECC and
NADB in legislation implementing the North America Free Trade Agreement (P.L. 103-182). NADB in legislation implementing the North America Free Trade Agreement (P.L. 103-182).
Enacted in 2004, P.L. 108-215 authorized several operational reforms to the NADB. In 2017, Enacted in 2004, P.L. 108-215 authorized several operational reforms to the NADB. In 2017,
BECC and NADB were integrated into a single institution.BECC and NADB were integrated into a single institution.
147148
The USMCA Implementation Act (P.L. 116-113), Title VIII, Subtitle C, called for U.S. NADB
The USMCA Implementation Act (P.L. 116-113), Title VIII, Subtitle C, called for U.S. NADB
board members to urge NADB to prioritize financing environmental infrastructure projects (over board members to urge NADB to prioritize financing environmental infrastructure projects (over
road or commercial projects), streamline project certification and financing procedures, and road or commercial projects), streamline project certification and financing procedures, and
develop project performance measures. The FY2021 Consolidated Appropriations Act (P.L. 116-develop project performance measures. The FY2021 Consolidated Appropriations Act (P.L. 116-
260), Division O, Title VI, authorized the U.S. Treasury to contribute up to $1.02 billion for U.S. 260), Division O, Title VI, authorized the U.S. Treasury to contribute up to $1.02 billion for U.S.
shares of NADB capital stock. The 2020 NADB annual report states that, in 2020, the United shares of NADB capital stock. The 2020 NADB annual report states that, in 2020, the United
States provided $225 million in paid-in capital to the NADB and that Mexico intends to provide States provided $225 million in paid-in capital to the NADB and that Mexico intends to provide
146 Department of State, Congressional Budget Justification Department of State, Foreign Operations, and Related
Programs, Washington, DC, May 28, 2021, p. 54, at https://www.state.gov/wp-content/uploads/2021/05/FY-2022-State_USAID-Congressional-Budget-Justification.pdf.
147 North American Development Bank (NADB), “NADB and BECC Merge,” press release, November 7, 2017, https://www.nadb.org/news/nadb-and-becc-merge.
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matching payments.148matching payments.149 The report also indicated that $165 million of this amount depends on The report also indicated that $165 million of this amount depends on
payments from Mexico.payments from Mexico.
149150
U.S. Environmental Protection Agency
Congress annually provides funding to EPA for high priority water and wastewater infrastructure
Congress annually provides funding to EPA for high priority water and wastewater infrastructure
projects in the U.S.-Mexican border region. In 1997, EPA and NADB entered into an agreement, projects in the U.S.-Mexican border region. In 1997, EPA and NADB entered into an agreement,
under which EPA contributes much of its annual border infrastructure appropriation to NADB for under which EPA contributes much of its annual border infrastructure appropriation to NADB for
grants to construct water infrastructure on both sides of the border. For grants to construct water infrastructure on both sides of the border. For
FY2021FY2022, Congress , Congress
provided $provided $
3032 million for the Border Water Infrastructure Program (BWIP) through an EPA million for the Border Water Infrastructure Program (BWIP) through an EPA
account in the Consolidated Appropriations Act, account in the Consolidated Appropriations Act,
2021.150 EPA in turn provides these funds151 to 2022 (P.L. 117-103). EPA in turn provides these
148 North American Development Bank (NADB), “NADB and BECC Merge,” press release, November 7, 2017, https://www.nadb.org/news/nadb-and-becc-merge.
149 Paid-in capital consists of funds contributed by the two governments to NADB. NADB, North American Development Bank 2020 Annual Report, November 9, 2020, p. 4, at https://www.nadb.org/uploads/files/2020_annual_report_eng_final.pdf.
150 Ibid., p. 33.
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funds151 to two programs: (1) the Project Development Assistance Program (PDAP) and (2) the Border two programs: (1) the Project Development Assistance Program (PDAP) and (2) the Border
Environment Infrastructure Fund (BEIF). The PDAP and BEIF programs are intended to identify Environment Infrastructure Fund (BEIF). The PDAP and BEIF programs are intended to identify
and fund drinking water quality, wastewater management infrastructure projects, or both. Project and fund drinking water quality, wastewater management infrastructure projects, or both. Project
sponsors can apply jointly to the PDAP/BEIF program through NADB, which screens for initial sponsors can apply jointly to the PDAP/BEIF program through NADB, which screens for initial
eligibility and prioritizes projects using EPA’s ranking methodologies.152 To be eligible for BEIF eligibility and prioritizes projects using EPA’s ranking methodologies.152 To be eligible for BEIF
grants, projects located in Mexico must have a U.S. benefit and are required to provide a cost-grants, projects located in Mexico must have a U.S. benefit and are required to provide a cost-
share, as determined by the Mexican national water agency. EPA reports that BWIP has provided share, as determined by the Mexican national water agency. EPA reports that BWIP has provided
funding for 136 projects, 101 of which have been completed.153 funding for 136 projects, 101 of which have been completed.153
The USMCA Implementation Act (P.L. 116-113) includes a supplemental appropriation of $300
The USMCA Implementation Act (P.L. 116-113) includes a supplemental appropriation of $300
million for EPA to support high-priority wastewater facilities, after consultation with the million for EPA to support high-priority wastewater facilities, after consultation with the
appropriate border commission.154 The act directs EPA to carry out design, construction, appropriate border commission.154 The act directs EPA to carry out design, construction,
operation, and maintenance activities of high-priority treatment works in the Tijuana River Valley operation, and maintenance activities of high-priority treatment works in the Tijuana River Valley
to treat wastewater flows originating in Mexico.155 EPA is directed to carry out such activities in to treat wastewater flows originating in Mexico.155 EPA is directed to carry out such activities in
coordination with the U.S. Section of the IBWC; federal agencies, including the Department of coordination with the U.S. Section of the IBWC; federal agencies, including the Department of
State and the U.S. Army Corps of Engineers; and state and local partners. In July 2020, EPA State and the U.S. Army Corps of Engineers; and state and local partners. In July 2020, EPA
convened the USMCA Interagency Consultation Group, composed of the partners identified in convened the USMCA Interagency Consultation Group, composed of the partners identified in
the act, and later announced the selection of two projects to be funded with the USMCA the act, and later announced the selection of two projects to be funded with the USMCA
supplemental appropriation.156 Under a new memorandum of understanding with IBWC, EPA will supplemental appropriation.156 Under a new memorandum of understanding with IBWC, EPA will
design and construct a structure to divert 10 million gallons per day of flows to the South Bay design and construct a structure to divert 10 million gallons per day of flows to the South Bay
International Wastewater Treatment Plant. EPA, working with the City of San Diego, also will International Wastewater Treatment Plant. EPA, working with the City of San Diego, also will
148 Paid-in capital consists of funds contributed by the two governments to NADB. NADB, North American
Development Bank 2020 Annual Report, November 9, 2020, p. 4, at https://www.nadb.org/uploads/files/2020_annual_report_eng_final.pdf.
149 Ibid, p. 33. 150 The Joint Explanatory Statement for the Consolidated Appropriations Act, 2021, Division G, states that combined stormwater runoff and raw sewage abatement projects are eligible for Border Water Infrastructure Program (BWIP).
develop a sediment and trash reduction strategy at the U.S.-Mexican border to mitigate such waste from going into the Pacific Ocean.157
In May 2021, EPA completed a technical evaluation of potential projects to address transboundary pollution in the Tijuana River Valley and identified three alternatives with “the highest potential” to reduce transboundary pollution in the Tijuana River and the coastal areas.158 In November 2021, EPA stated that projects identified in one of the three alternatives are undergoing environmental review.159 These projects range from constructing a new wastewater treatment plant in Tijuana to installing a boom to control trash in the Tijuana River. EPA notes
151 Funds are divided between the Environmental Protection Agency (EPA) Region 6 (for projects in New Mexico, 151 Funds are divided between the Environmental Protection Agency (EPA) Region 6 (for projects in New Mexico,
Texas, Chihuahua, Nueva Leon, Coahuila, and Tamaulipas) and EPA Region 9 (for projects in Arizona, California, Texas, Chihuahua, Nueva Leon, Coahuila, and Tamaulipas) and EPA Region 9 (for projects in Arizona, California,
Baja California, and Sonora). Baja California, and Sonora).
152 Project application documents can be found at https://www.nadb.org/infrastructure-financing/grants/border-
152 Project application documents can be found at https://www.nadb.org/infrastructure-financing/grants/border-
environment-infrastructure-fund-beif-pdap. environment-infrastructure-fund-beif-pdap.
153 EPA,
153 EPA,
Fiscal Year 2022 Justification of Appropriation Estimates for the Committees on Appropriation, 190-R-21-, 190-R-21-
002, May 2021, pp. 686-688, at https://www.epa.gov/system/files/documents/2021-07/fy22-cj-10-stag.pdf. 002, May 2021, pp. 686-688, at https://www.epa.gov/system/files/documents/2021-07/fy22-cj-10-stag.pdf.
154 The supplemental appropriation of $300 million for high priority wastewater facilities in P.L. 116-113 parallels the
154 The supplemental appropriation of $300 million for high priority wastewater facilities in P.L. 116-113 parallels the
FY2020 BWIP appropriation, which is for “the construction of high priority water and wastewater facilities.” FY2020 BWIP appropriation, which is for “the construction of high priority water and wastewater facilities.”
155 P.L. 116-113 §821. 155 P.L. 116-113 §821.
156 EPA, “EPA Announces Two Near-Term, Clean Water Projects in the Tijuana River,” press release, October 2, 156 EPA, “EPA Announces Two Near-Term, Clean Water Projects in the Tijuana River,” press release, October 2,
2020, at https://www.epa.gov/newsreleases/epa-announces-two-near-term-clean-water-projects-tijuana-river. 2020, at https://www.epa.gov/newsreleases/epa-announces-two-near-term-clean-water-projects-tijuana-river.
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develop a sediment and trash reduction strategy at the U.S.-Mexican border to mitigate such waste from going into the Pacific Ocean.157
In May 2021, EPA completed a technical evaluation of potential projects to address transboundary pollution in the Tijuana River Valley and identified three alternatives with “the highest potential” to reduce transboundary pollution in the Tijuana River and the coastal areas.158 In November 2021, EPA stated that projects identified in one of the three alternatives are undergoing environmental review.159 These projects range from constructing a new wastewater treatment plant in Tijuana to installing a boom to control trash in the Tijuana River. EPA notes 157 EPA, “EPA Announces Two Near-Term, Clean Water Projects in the Tijuana River,” press release, October 2, 2020, at https://www.epa.gov/newsreleases/epa-announces-two-near-term-clean-water-projects-tijuana-river.
158 For a discussion of these alternatives, see PG Environmental, LLC, for EPA, Water Infrastructure Alternatives Analysis, November 9, 2021, at https://www.epa.gov/system/files/documents/2021-11/usmca-water-infrastructure-alternatives-analysis-final-report.pdf.
159 EPA, “EPA Announces Holistic Approach to Address Water Pollution from the Tijuana River Watershed,” press release, November 8, 2021, at https://www.epa.gov/newsreleases/epa-announces-holistic-approach-address-water-pollution-tijuana-river-watershed.
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that the cost to construct all projects included in this alternative would total $627 million, that the cost to construct all projects included in this alternative would total $627 million,
exceeding the supplemental appropriation provided by P.L. 116-113.160 Accordingly, EPA intends exceeding the supplemental appropriation provided by P.L. 116-113.160 Accordingly, EPA intends
to use a phased approach in the design and construction of the projects.161 to use a phased approach in the design and construction of the projects.161
As discussed above, EPA, along with other federal agencies, is operating under a continuing resolution at FY2021 funding levels. The EPA FY2022 request for BWIP The EPA FY2022 request for BWIP
maintainsmaintained the funding the funding
level provided by the FY2021 Consolidated Appropriations Act (P.L. 116-260) of $30 million.162 level provided by the FY2021 Consolidated Appropriations Act (P.L. 116-260) of $30 million.162
The House-passed Labor, Health and Human Services, Education, Agriculture, Rural Development, Energy and Water Development, Financial Services and General Government, Interior, Environment, Military Construction, Veterans Affairs, Transportation, and Housing and Urban Development Appropriations Act, 2022 (H.R. 4502) would increaseAs stated above, the Consolidated Appropriations Act, 2022 (P.L. 117-103) increases the level of the level of
appropriations for BWIP to $appropriations for BWIP to $
35 million for FY2022. The Senate-introduced Department of the Interior, Environment, and Related Agencies Appropriations Act, 2022 (S. 3034), also would provide $35 million for BWIP.32 million.163
Water Resource Issues163Issues164
The United States and Mexico share the waters of the Colorado River and the Rio Grande. These The United States and Mexico share the waters of the Colorado River and the Rio Grande. These
shared rivers have long presented complex issues leading to cooperation and conflict in the U.S.-shared rivers have long presented complex issues leading to cooperation and conflict in the U.S.-
Mexican border region and between the United States and Mexico. Mexican border region and between the United States and Mexico.
157 EPA, “EPA Announces Two Near-Term, Clean Water Projects in the Tijuana River,” press release, October 2, 2020, at https://www.epa.gov/newsreleases/epa-announces-two-near-term-clean-water-projects-tijuana-river.
158 For a discussion of these alternatives, see PG Environmental, LLC, for EPA, Water Infrastructure Alternatives
Analysis, November 9, 2021, at https://www.epa.gov/system/files/documents/2021-11/usmca-water-infrastructure-alternatives-analysis-final-report.pdf.
159 EPA, “EPA Announces Holistic Approach to Address Water Pollution from the Tijuana River Watershed,” press release, November 8, 2021, at https://www.epa.gov/newsreleases/epa-announces-holistic-approach-address-water-pollution-tijuana-river-watershed.
The U.S.-Mexico Water Treaty of 1944 and other binational agreements guide how the two governments share the flows of these rivers.165 The binational IBWC administers these agreements and includes a U.S. Section that operates under foreign policy guidance from the U.S. Department of State. Since 1944, the IBWC has been the principal venue for addressing river-related disputes between the United States and Mexico.
Under the U.S.-Mexico Water Treaty of 1944, the United States is required to provide Mexico annually with 1.5 million acre-feet of Colorado River water.166 U.S. deliveries to Mexico in the Rio Grande basin near El Paso/Ciudad Juárez occur annually under a 1906 binational convention, whereas Mexico’s deliveries downstream of Fort Quitman, TX, are established in the U.S.-Mexico Water Treaty of 1944. The 1944 treaty typically requires Mexico to deliver to the United States a minimum amount during a five-year cycle.
Recent Developments in the Colorado River Basin. The United States continues to meet its Colorado River annual delivery requirements to Mexico pursuant to the U.S.-Mexico Water Treaty of 1944. Recent IBWC actions on the Colorado River have focused on how to manage the Colorado River’s water and infrastructure to improve water availability during drought and to restore and protect riverine ecosystems. The most recent minute governing basin operations,
160 EPA, 160 EPA,
United States-Mexico-Canada Agreement (USMCA) Investments, fact sheet, November 20, 2021, at , fact sheet, November 20, 2021, at
https://www.epa.gov/system/files/documents/2021-11/cis-factsheet-110221.pdf. https://www.epa.gov/system/files/documents/2021-11/cis-factsheet-110221.pdf.
161 EPA, “EPA Announces Holistic Approach to Address Water Pollution from the Tijuana River Watershed,” press
161 EPA, “EPA Announces Holistic Approach to Address Water Pollution from the Tijuana River Watershed,” press
release, November 8, 2021, at https://www.epa.gov/newsreleases/epa-announces-holistic-approach-address-water-release, November 8, 2021, at https://www.epa.gov/newsreleases/epa-announces-holistic-approach-address-water-
pollution-tijuana-river-watershed. pollution-tijuana-river-watershed.
162 EPA,
162 EPA,
Fiscal Year 2022 Justification of Appropriation Estimates for the Committees on Appropriation, 190-R-21-, 190-R-21-
002, Washington, DC, May 2021, pp. 686-688, at https://www.epa.gov/system/files/documents/2021-07/fy22-cj-10-002, Washington, DC, May 2021, pp. 686-688, at https://www.epa.gov/system/files/documents/2021-07/fy22-cj-10-
stag.pdf. stag.pdf.
163
163
The Joint Explanatory statement accompanying the Consolidated Appropriations Act, 2020, encourages EPA to “advance predictive models to assess and evaluate potential infrastructure projects to reduce beach closure days and other related impacts from transboundary untreated sewage pollution events” in the Tijuana River Valley.
164 This section is drawn from CRS Report R45430, This section is drawn from CRS Report R45430,
Sharing the Colorado River and the Rio Grande: Cooperation and
Conflict with Mexico, by Nicole T. Carter, Stephen P. Mulligan, and Charles V. Stern. See also Alexandra Helfgott, , by Nicole T. Carter, Stephen P. Mulligan, and Charles V. Stern. See also Alexandra Helfgott,
Bilateral Water Management: Water Sharing between the US and Mexico along the Border,,
Woodrow Wilson Center’s Woodrow Wilson Center’s
Mexico Institute, January 4, 2021. Mexico Institute, January 4, 2021.
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The U.S.-Mexico Water Treaty of 1944 and other binational agreements guide how the two governments share the flows of these rivers.164 The binational IBWC administers these agreements and includes a U.S. Section that operates under foreign policy guidance from the U.S. Department of State. Since 1944, the IBWC has been the principal venue for addressing river-related disputes between the United States and Mexico.
Under the U.S.-Mexico Water Treaty of 1944, the United States is required to provide Mexico annually with 1.5 million acre-feet of Colorado River water.165 U.S. deliveries to Mexico in the Rio Grande basin near El Paso/Ciudad Juárez occur annually under a 1906 binational convention, whereas Mexico’s deliveries downstream of Fort Quitman, TX, are established in the U.S.-Mexico Water Treaty of 1944. The 1944 treaty typically requires Mexico to deliver to the United States a minimum amount during a five-year cycle.
Recent Developments in the Colorado River Basin. The United States continues to meet its Colorado River annual delivery requirements to Mexico pursuant to the U.S.-Mexico Water Treaty of 1944. Recent IBWC actions on the Colorado River have focused on how to manage the Colorado River’s water and infrastructure to improve water availability during drought and to restore and protect riverine ecosystems. The most recent minute governing basin operations, 165 Another example of a water resource related treaty provision is Article IV of the 1970 Treaty to Resolve Pending Boundary Differences and Maintain the Rio Grande and Colorado River as the International Boundary, U.S.-Mex.
166 Under the treaty, the United States must supply an additional 200,000 acre-feet when surplus is declared. During drought, the United States may reduce deliveries to Mexico in similar proportion to reductions of U.S. uses.
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Minute 323 (signed in September 2017), is a set of binational measures that provides for Minute 323 (signed in September 2017), is a set of binational measures that provides for
cooperative basin water management, including environmental flows to restore riverine habitat. cooperative basin water management, including environmental flows to restore riverine habitat.
Minute 323 also provides for Mexico to share in cutbacks during shortage conditions in the U.S. Minute 323 also provides for Mexico to share in cutbacks during shortage conditions in the U.S.
portion of the basin, including delivery reductions under drought contingency plans authorized by portion of the basin, including delivery reductions under drought contingency plans authorized by
Congress in April 2019.Congress in April 2019.
166167 In addition, Minute 323 designates a “Mexican Water Reserve” In addition, Minute 323 designates a “Mexican Water Reserve”
through which Mexico can delay its water deliveries from the United States and store its delayed through which Mexico can delay its water deliveries from the United States and store its delayed
deliveries upstream at Lake Mead, thereby increasing the lake’s elevation.deliveries upstream at Lake Mead, thereby increasing the lake’s elevation.
167168 For the Colorado For the Colorado
River basin, issues before Congress may be largely related to oversight of Minute 323 River basin, issues before Congress may be largely related to oversight of Minute 323
implementation and water management associated with potential shortage conditions. Congress implementation and water management associated with potential shortage conditions. Congress
also may be interested in the upcoming 2026 expiration of Minute 323 and the negotiation of any also may be interested in the upcoming 2026 expiration of Minute 323 and the negotiation of any
extensions or replacement agreements in the interim. extensions or replacement agreements in the interim.
Recent Development in the Rio Grande Basin. On multiple occasions since 1994, Mexico has On multiple occasions since 1994, Mexico has
not met its Rio Grande delivery obligations of 1,750,000 acre-feet within the five-year cycle not met its Rio Grande delivery obligations of 1,750,000 acre-feet within the five-year cycle
established by the U.S.-Mexico Water Treaty of 1944, most recently during the five-year cycle established by the U.S.-Mexico Water Treaty of 1944, most recently during the five-year cycle
from 2010 to 2015.from 2010 to 2015.
168169 Mexico avoided ending the October 2015 to October 2020 cycle with a Mexico avoided ending the October 2015 to October 2020 cycle with a
water delivery deficit as the result of a transfer to the United States of Mexican water stored at water delivery deficit as the result of a transfer to the United States of Mexican water stored at
binational IBWC dams. The October 2020 Minute 325 provided that a shortfall would be avoided binational IBWC dams. The October 2020 Minute 325 provided that a shortfall would be avoided
through the transfer of water stored at two IBWC dams from Mexican to U.S. ownership. Minute through the transfer of water stored at two IBWC dams from Mexican to U.S. ownership. Minute
325 resulted in the transfer of ownership of 144,728 acre-feet of water.325 resulted in the transfer of ownership of 144,728 acre-feet of water.
169170 Minute 325 also allowed for negotiation of an agreement for the potential temporary use of U.S. water for minimum municipal needs in Mexico below the Amistad Dam. In addition, Minute 325 indicated that two Rio Grande working groups would be established as part of the efforts to reach a goal of developing a minute on increased reliability and predictability of Rio Grande deliveries to water users in the United States and Mexico by December 2023. To date, Congress has been primarily involved in conducting oversight through reporting requirements for the U.S. Department of State, such as those included in P.L. 116-6 (S.Rept. 115-282). Pursuant to the various reporting requirements, reports have been delivered to various committees of Congress. As of early January 2022, Mexico’s deliveries for the first 14 months of the current five-year cycle (2020-2025) are lower than the first 14 months of delivery cycles since 1992.
U.S.-Mexican Health Cooperation As with neighboring Canada, robust trade and migration through an extensive shared border have made health cooperation a critical part of the U.S.-Mexican bilateral relationship.171 Collaboration on health matters has been particularly strong since 2001—when Anthrax attacks in the United States prompted Mexico to join the Global Health Security Initiative—and was reinforced in
167 Minute 325 also
164 Another example of a water resource related treaty provision is Article IV of the 1970 Treaty to Resolve Pending Boundary Differences and Maintain the Rio Grande and Colorado River as the International Boundary, U.S.-Mex.
165 Under the treaty, the United States must supply an additional 200,000 acre-feet when surplus is declared. During drought, the United States may reduce deliveries to Mexico in similar proportion to reductions of U.S. uses.
166 Drought Contingency Plans for the Upper and Lower Colorado River Basin were enacted in April 2019 in P.L. 116- Drought Contingency Plans for the Upper and Lower Colorado River Basin were enacted in April 2019 in P.L. 116-
14. For more information, see CRS Report R45546, 14. For more information, see CRS Report R45546,
Management of the Colorado River: Water Allocations, Drought,
and the Federal Role, by Charles V. Stern and Pervaze A. Sheikh. , by Charles V. Stern and Pervaze A. Sheikh.
167168 Lake Mead elevation is the baseline used by the United States for determining shortage conditions and associated Lake Mead elevation is the baseline used by the United States for determining shortage conditions and associated
water delivery cutbacks for the Lower Colorado River Basin states of Arizona, California, and Nevada. water delivery cutbacks for the Lower Colorado River Basin states of Arizona, California, and Nevada.
168169 Mexico made up for those shortfalls in subsequent five-year cycles, as authorized under the U.S.-Mexico Water Mexico made up for those shortfalls in subsequent five-year cycles, as authorized under the U.S.-Mexico Water
Treaty of 1944. Treaty of 1944.
169170 Amount of the transfer is described in Letter from Jayne Harkins, Commissioner, U.S. IBWC, to Greg Abbott, Amount of the transfer is described in Letter from Jayne Harkins, Commissioner, U.S. IBWC, to Greg Abbott,
Governor of Texas, November 3, 2020. Governor of Texas, November 3, 2020.
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allowed for negotiation of an agreement for the potential temporary use of U.S. water for minimum municipal needs in Mexico below the Amistad Dam. In addition, Minute 325 indicated that two Rio Grande working groups would be established as part of the efforts to reach a goal of developing a minute on increased reliability and predictability of Rio Grande deliveries to water users in the United States and Mexico by December 2023. To date, Congress has been primarily involved in conducting oversight through reporting requirements for the U.S. Department of State, such as those included in P.L. 116-6 (S.Rept. 115-282). Pursuant to the various reporting requirements, reports have been delivered to various committees of Congress. As of early January 2022, Mexico’s deliveries for the first 14 months of the current five-year cycle (2020-2025) are lower than the first 14 months of delivery cycles since 1992.
U.S.-Mexican Health Cooperation
As with neighboring Canada, robust trade and migration and an extensive shared border have made health cooperation an important part of the United States’ bilateral relationship with Mexico.170 New challenges to border heath have arisen during the COVID-19 pandemic, including how to coordinate cross-border pandemic restrictions, vaccine distribution, and protections for workers deemed essential. These and other challenges have prompted some Members of Congress to introduce legislation that would revitalize the U.S.-Mexico Border Health Commission, first authorized in 1994 but not established until 2000.
U.S.-Mexican cooperation on public health efforts developed in response to the outbreaks of SARS (2002-2004) and H1N1 (2009). Trilateral efforts intensified in 2005 and proved important for preventing the spread of H1N1 from Mexico in 2009. The United States and Mexico increased health surveillance measures through robust information-sharing, and in 2012, the countries expanded focus from avian influenza to all influenzas. The current trilateral health architecture is led by the North American Health Security Working Group (NAHSWG) under the health systems strengthening and preparedness activities laid out in the 2012 North American Plan for Animal and Pandemic Influenza.171 These activities include
detecting, monitoring and controlling an outbreak; facilitating communication among entities in each country that need to respond to
the outbreak;
sustaining infrastructure and mitigating human, economic, and social impacts of
an outbreak; and
preventing the entry and spread of such outbreaks.
The U.S. government is represented on the NAHSWG by permanent attachés from the U.S. Department of Health and Human Services (HHS) and the CDC, among others. Mexico is one of five countries that has a permanent HHS representative tasked with leading health diplomacy, encouraging collaborative research, and serving as a key point of contact for the U.S. government in the event of an infectious disease outbreak.172 There is also a U.S.-Mexican technical working
170 This paragraph draws from Andrew I. Rudman and Duncan Wood, Pandemics and Beyond: The Potential for U.S.-
Mexican Cooperation in Public Health, Woodrow Wilson Center’s Mexico Institute, March 2020.
171 Embassy of Mexico in the United States, “U.S.-Mexico Cooperation Framework on Health Issues,” May 4, 2020. 172 The other countries with HHS health attachés are Brazil, China, India, and South Africa. HHS,171 This paragraph draws from Andrew I. Rudman and Duncan Wood, Pandemics and Beyond: The Potential for U.S.-Mexican Cooperation in Public Health, Woodrow Wilson Center’s Mexico Institute, March 2020.
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response to the outbreaks of SARS-CoV (2002-2004). As an example, the countries jointly developed an electronic early warning surveillance system for infectious diseases.
Based on lessons learned from the H1N1 (2009) Influenza pandemic, Mexico, Canada, and the United States launched the 2012 North American Plan for Animal and Pandemic Influenza (NAPAPI).172 The NAPAPI, led by the North American Health Security Working Group (NAHSWG), created a flexible platform to facilitate a coordinated response to any potential or actual health security threat to North America. The NAHSWG has hosted multiple tabletop exercises on emergency communications and deployments of medical countermeasures, medical personnel, and laboratory samples.173
In January 2020, the NAHSWG convened at the onset of the COVID-19 pandemic and served as the sole communication forum on public health preparedness and response actions in North America. The group has enabled the sharing of best practices on issues such as epidemiological surveillance, laboratory diagnostics regulation, testing policies, supply chains, workers’ safety, virus variants, and vaccine confidence. The NAHSWG is led by the U.S. Department of Health and Human Services (HHS) and has U.S. government representation from several HHS offices, such as the CDC, the U.S. Food and Drug Administration (FDA), and the National Institutes of Health (NIH), and from other agencies (e.g., DHS and the State Department).
In addition to this trilateral collaboration on health security, Mexico is one of five countries that has a permanent HHS Health Attaché representing the Office of the Secretary and overseeing the work of HHS agencies, such as CDC and FDA, operating within the U.S. Embassy in Mexico City. The Health Attaché leads health diplomacy efforts; fosters collaborative biomedical research; supports capacity-building efforts on public health, health systems, and border health; and serves as a key point of contact for the U.S. government in the event of an infectious disease outbreak.
There is a U.S.-Mexican binational technical working group led by the CDC office in Mexico that regularly meets to share information on laboratory capacity, epidemiological surveillance, outbreak investigation, and training.174 Through the HHS Health Attaché and this office, Mexico has received funding support to strengthen the COVID-19 response in the areas of epidemiological and laboratory surveillance, risk communication, personnel training, and studying the impact of border mobility and the virus.175 HHS also supported Mexico with diagnostics test kits, facilitated the acquisition of ventilators, hosted bilateral dialogues on vaccine and therapeutics development, and provided expertise on vaccine deployment matters. Mexico received nearly 17 million doses of the COVID-19 vaccine from the U.S. government.176
Another important binational collaboration body is the U.S.-Mexico Border Health Commission created in July 2000 with the signing of an agreement by U.S. Secretary of HHS and the Secretary of Health of México to provide international leadership to improve health and quality of life along the U.S.-Mexico border.177 Since 2018, the U.S. section of the commission has provided funding and technical advice through the CDC’s Binational Border Infection Disease
172 Embassy of Mexico in the United States, “U.S.-Mexico Cooperation Framework on Health Issues,” May 4, 2020. 173 CRS interview with the HHS Office of Global Office of Global
Affairs, Affairs,
accessed April 27, 2020.
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group led by the CDC that shares information on laboratory capacity, investigative findings, and training, among other issues.173
The COVID-19 pandemic demonstrated the need for closer communication and cooperation during a future pandemic or other similar emergency. On March 20, 2020, the U.S. Department of Homeland Security issued a joint statement with Mexico announcing the suspension of nonessential travel between the two countries; the suspension lasted through November 8, 2021.174 Early in the pandemic, the United States and Mexico had difficulty maintaining U.S. supply chain continuity (including for DOD) with differences in essential business determinations between countries and the need to keep Mexican workers safe despite a shortage of personal protective equipment.175 Later, U.S. hospitals struggled to serve legal permanent residents residing in Mexico and Mexicans who sought treatment for COVID-19, while Mexican cities received deportees and immigrants expelled under Title 42, some infected with the virus.176 The U.S. provision of 11 million vaccines to Mexico, which the Mexican government first distributed along the northern border, enabled the eventual border reopening to nonessential travel.177
The difficult experiences in both Mexico and the United States with managing the COVID-19 pandemic have led some health experts to call for the reinstatement of the U.S.-March 16, 2022. 174 DHS, “Joint Statement on U.S.-Mexico Joint Initiative to Combat the COVID-19 Pandemic,” March 20, 2020. 175 CRS interview with the HHS Office of Global Affairs, March 16, 2022. 176 U.S. Mission to Mexico, “Almost 4 Million Vaccines Arrive from the United States to Mexico,” March 9, 2022. 177 HHS, “U.S.-Mexico Border Health Commission,” at https://www.hhs.gov/about/agencies/oga/about-oga/what-we-do/international-relations-division/americas/border-health-commission/index.html.
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Surveillance (BIDS) program, which in turn funds the four U.S. states on the U.S.-Mexico border to improve the detection, reporting, and prevention of infectious diseases of binational importance.178 Under the Biden Administration, the U.S. section of the commission is tasked with conducting health needs assessments on the U.S.-Mexico border. The U.S. section also serves as a key advisory body on border health matters to the HHS Secretary in alignment with larger bilateral collaboration frameworks and its public law mandate.179
Currently, the United States and Mexico have different travel requirements related to vaccination and testing, which are affecting travel between the two countries. Based on these policy discrepancies and other issues that have arisen during the pandemic, the NAHSWG and the U.S.-Mexico Border Mexico Border
Health CommissionHealth Commission
.178 Some health experts also have called for a renewal of the U.S.-Mexico Border Health Commission.179 Established in 2000, this binational commission received funding from HHS to finance state and local projects that address binational objectives, including infectious diseases.180 Funds reportedly lapsed for the commission in 2017; the Biden Administration’s plan for the U.S. Section are unclear.181
Legislation has been introduced, H.R. 1538, the Binational Health Strategies Act of 2021, that would amend the U.S.-Mexico Border Health Commission Act to authorize are in the process of launching a review of lessons learned from COVID-19 at the federal and border level, as called for during the 2021 North American Leaders’ Summit.180 Lessons learned from the pandemic may touch on the areas of emergency communications, joint outbreak investigation, laboratory capacity, medical countermeasures development and access, supply chains, health systems (hospital and personnel) capacity and interoperability, and workers’ protections.
Legislation has been introduced—H.R. 1538, the Binational Health Strategies Act of 2021—that would amend the U.S.-Mexico Border Health Commission Act and ask the commission to the commission to
undertake an assessment of COVID-19 impact and response along the border and undertake an assessment of COVID-19 impact and response along the border and
to mandate a mandate a
binational plan on how that response could be bolstered. Related legislation, S. 2570, would binational plan on how that response could be bolstered. Related legislation, S. 2570, would
require the U.S.-Mexico Border Health Commission and a similar entity with Canada to develop require the U.S.-Mexico Border Health Commission and a similar entity with Canada to develop
strategic plans to address border health issues and strategic plans to address border health issues and
would authorize a total of $20 million annually authorize a total of $20 million annually
for those entities to award grants to eligible entities in border areas to carry out those plans. for those entities to award grants to eligible entities in border areas to carry out those plans.
Other Legislative Action
Congress has appropriated foreign assistance for Mexico and has overseen bilateral efforts to Congress has appropriated foreign assistance for Mexico and has overseen bilateral efforts to
address U.S.-bound unauthorized migration, illegal drug flows, the COVID-19 pandemic, address U.S.-bound unauthorized migration, illegal drug flows, the COVID-19 pandemic,
173 DHS, “Joint Statement on U.S.-Mexico Joint Initiative to Combat the COVID-19 Pandemic,” March 20, 2020. 174 DHS, “Starting Today Fully Vaccinated Travelers Permitted to Enter U.S. via Land and Ferry Border Crossings,” November 8, 2021.
175 Adam Behsudi, “Mexico’s Covid-19 Response Threatening North American Supply Chains,” Politico, April 24, 2020.
176 Miriam Jordan, “Coronavirus Jumps the Border, Overwhelming Hospitals in California,” New York Times, June 7, 2020; Julian Resendiz, “Juarez Shelter Grappling with Migrants Expelled from U.S. Infected with COVID-19,” Border
Report, September 3, 2021.
177 Chase Harrison, “Tracker: U.S. Vaccine Donations to Latin America,” updated February 1, 2022. 178 Francisco Lara-Valencia and Hilda García-Pérez, “The Borders of the Pandemic: Lessons on Governance and Cooperation in United States-Mexico Border Cities,” Estudios Fronterizos, vol. 22, October 4, 2021.
179 Eva Moya, Irasema Coronado, and Stephen Mumme, “A Call to Action: Reestablishment of the US-Mexico Border Health Commission,” Health Affairs, July 30, 2021. 180 HHS, Office of Global Health Affairs, “U.S.-Mexico Border Health Commission Activities.” 181 Moya et. al., op. cit.
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USMCA implementation, and border environmental issues, among others. Although several pieces of legislation have been introduced that would influence the issues in bilateral relations discussed in this report, appropriations legislation has been the primary vehicle through which laws and policies affecting Mexico have been enacted thus far.
Congress is considering the Biden Administration’s FY2022 foreign assistance request for Mexico of $116.5 million, which is nearly 27% lower than the estimated FY2021 appropriation of $158.9 million. The House-passed version of the FY2022 foreign aid appropriations bill (H.R. 4373, H.Rept. 117-84) would provide $158.9 million for assistance to Mexico, with several reporting requirements. The FY2022 foreign aid bill introduced in the Senate (S. 3075) would not stipulate a total funding level for Mexico. Other legislation that would affect U.S. relations with Mexico includes H.R. 3524, reported by the House Committee on Foreign Affairs in July 2021, which would require a report on how the United States, Mexico, and Canada could work together to reduce methane and other emissions and implement Article 23.6 of the USMCA, which prohibits importation of goods produced by forced labor. S. 1201, introduced in the Senate in April 2021, contains similar provisions.USMCA implementation, and border environmental issues, among others. Although several pieces of legislation have been introduced that would influence the issues in bilateral relations discussed in this report, appropriations legislation has been the primary vehicle through which laws and policies affecting Mexico have been enacted thus far.
Other legislation that would affect U.S. relations with Mexico includes H.R. 3524, reported by the House Committee on Foreign Affairs in July 2021, which would require a report on how the United States, Mexico, and Canada could work together to reduce methane and other emissions and implement Article 23.6 of the USMCA, which prohibits importation of goods produced by forced labor. S. 1201, introduced in the Senate in April 2021, contains similar provisions.
178 The funding is used to enhance information systems; facilitate communicable disease case reporting; follow up on outbreaks and notifications to Mexican health authorities; refine local, state, and international public health communication protocols; and develop assessments to better describe mobile border populations as well as to enhance COVID-19 vaccination activities targeting hard to reach populations.
179 CRS interview with the HHS Office of Global Affairs, March 16, 2022. 180 The White House, “FACT SHEET: Key Deliverables for the 2021 North American Leaders’ Summit,” November 18, 2021.
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Outlook
U.S.-Mexican relations are likely to be tested in 2022 by ongoing tension in security and energy U.S.-Mexican relations are likely to be tested in 2022 by ongoing tension in security and energy
relations, lingering economic and health challenges caused by the COVID-19 pandemic, and relations, lingering economic and health challenges caused by the COVID-19 pandemic, and
elevated levels of irregular migration. Most experts maintain the best way for both countries to elevated levels of irregular migration. Most experts maintain the best way for both countries to
address these challenges is to continue working together and with Canada to ensure the best address these challenges is to continue working together and with Canada to ensure the best
possible outcomes for North America. A series of high-level meetings in autumn 2021 seemed to possible outcomes for North America. A series of high-level meetings in autumn 2021 seemed to
smooth over initial tensions between the Biden and López Obrador administrations. Nevertheless, smooth over initial tensions between the Biden and López Obrador administrations. Nevertheless,
recent U.S. criticism of Mexico’s inability to protect journalists and Mexican criticism of U.S. recent U.S. criticism of Mexico’s inability to protect journalists and Mexican criticism of U.S.
support for nongovernmental organizations investigating corruption and abuses against journalists support for nongovernmental organizations investigating corruption and abuses against journalists
in Mexico have caused some renewed tension. Congress is likely to maintain significant interest in Mexico have caused some renewed tension. Congress is likely to maintain significant interest
in Mexico, with trade, security, drug policy, migration, health, and environmental issues as in Mexico, with trade, security, drug policy, migration, health, and environmental issues as
probable areas of funding and oversight efforts. probable areas of funding and oversight efforts.
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link to page 40 Mexico: Background and U.S. Relations
Appendix. Mérida Initiative Funding
Table A-1. Estimated Mérida Initiative/Bicentennial Framework Funding: FY2008-FY2022
$ (in millions in millions
of dollars)
Account
ESF
INCLE
FMF
Total
FY2008
FY2008
20.0
20.0
263.5
263.5
116.5
116.5
400.0
FY2009
FY2009
15.0
15.0
406.0
406.0
39.0
39.0
460.0
FY2010
FY2010
9.0
9.0
365.0
365.0
265.2
265.2
639.2
FY2011
FY2011
18.0
18.0
117.0
117.0
8.0
8.0
143.0
FY2012
FY2012
33.3
33.3
248.5
248.5
Not app.
Not app.
281.8
FY2013
FY2013
32.1
32.1
190.1
190.1
Not app.
Not app.
222.2
FY2014
FY2014
35.0
35.0
143.1
143.1
Not app.
Not app.
178.1
FY2015
FY2015
33.6
33.6
110.0
110.0
Not app.
Not app.
143.6
FY2016
FY2016
39.0
39.0
100.0
100.0
Not app.
Not app.
139.0
FY2017
FY2017
40.
40.
9a
90.0
90.0
Not app.
Not app.
130.9
FY2018
FY2018
39.
39.
0b
100.0
100.0
Not app.
Not app.
139.0
FY2019
FY2019
39.
39.
0c
110.0
110.0
Not app.
Not app.
149.0
FY2020
FY2020
33.
33.
0d
100.0
100.0
Not app.
Not app.
133.0
FY2021
FY2021
50.
50.
0e
100.0
100.0
Not app.
Not app.
150.0
TotalFY2022
50.0f
100.0
Not app.
150.0
Total
486.9
2,543.2
428.7
3,458.8
436.9
2,443.2
428.7
3,308.8
FY2022
50,0 64.0
Not app.
Sources: U.S. Agency for International Development (USAID) budget office, November 3, 2016; U.S. U.S. Agency for International Development (USAID) budget office, November 3, 2016; U.S.
Department of State, November 18, 2016; P.L. 115-141; P.L. 116-6;Department of State, November 18, 2016; P.L. 115-141; P.L. 116-6;
P.L. 117-103; U.S. Department of State, U.S. Department of State,
Congressional
Budget Justification for Foreign Operations, FY2022; Explanatory statement accompanying P.L. 116-94; Explanatory Explanatory statement accompanying P.L. 116-94; Explanatory
statement accompanying P.L. 116-260statement accompanying P.L. 116-260
; and Explanatory statement accompanying P.L. 117-103. .
Notes: ESF = Economic Support Fund; INCLE = International Narcotics Control and Law Enforcement; FMF = ESF = Economic Support Fund; INCLE = International Narcotics Control and Law Enforcement; FMF =
Foreign Military Financing. FY2008-FY2010 included supplemental funding. Foreign Military Financing. FY2008-FY2010 included supplemental funding.
a. For FY2017, Mérida programs administered by the U.S. Agency for International Development (USAID) a. For FY2017, Mérida programs administered by the U.S. Agency for International Development (USAID)
were funded through the Development Assistance account rather than ESF.
were funded through the Development Assistance account rather than ESF.
b. Of the $45 mil ion in funds appropriated for ESF, some $6 mil ion supported non-Mérida Initiative programs.
b. Of the $45 mil ion in funds appropriated for ESF, some $6 mil ion supported non-Mérida Initiative programs.
c. Of the $45 mil ion in funds appropriated for ESF, some $6 mil ion supported non-Mérida Initiative programs. c. Of the $45 mil ion in funds appropriated for ESF, some $6 mil ion supported non-Mérida Initiative programs.
d. Of the $50 mil ion in funds appropriated for ESF, an estimated $13 mil ion wil be used to support non-d. Of the $50 mil ion in funds appropriated for ESF, an estimated $13 mil ion wil be used to support non-
Mérida Initiative programs focused on clean energy and sustainable landscapes. USAID, CN #71, December
Mérida Initiative programs focused on clean energy and sustainable landscapes. USAID, CN #71, December
16, 2020. 16, 2020.
e. Congress appropriated $50 mil ion in ESF for Mexico in
e. Congress appropriated $50 mil ion in ESF for Mexico in
FINDP.L. 116-6, but USAID has yet to notify Congress , but USAID has yet to notify Congress
on
on how much of those funds wil support Mérida Initiative programs.
f.
Congress appropriated $50 mil ion in ESF for Mexico in P.L. 117-103, but USAID has yet to notify Congress on how much of those funds wil support Mérida Initiative programs. how much of those funds wil support Mérida Initiative programs.
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Author Information
Clare Ribando Seelke Clare Ribando Seelke
Joshua Klein
Joshua Klein
Specialist in Latin American Affairs
Specialist in Latin American Affairs
Presidential Management Fellow
Presidential Management Fellow
Acknowledgments
This report contains significant contributions from Nicole T. Carter, Specialist in Natural Resources Policy;
This report contains significant contributions from Nicole T. Carter, Specialist in Natural Resources Policy;
Stephen P. Mulligan, Legislative Attorney; Charles V. Stern, Specialist in Natural Resources Policy; and Stephen P. Mulligan, Legislative Attorney; Charles V. Stern, Specialist in Natural Resources Policy; and
Elena H. Humphreys, Analyst in Environmental Policy. Elena H. Humphreys, Analyst in Environmental Policy.
Disclaimer
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
This document was prepared by the Congressional Research Service (CRS). CRS serves as nonpartisan
shared staff to congressional committees and Members of Congress. It operates solely at the behest of and shared staff to congressional committees and Members of Congress. It operates solely at the behest of and
under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other under the direction of Congress. Information in a CRS Report should not be relied upon for purposes other
than public understanding of information that has been provided by CRS to Members of Congress in than public understanding of information that has been provided by CRS to Members of Congress in
connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not connection with CRS’s institutional role. CRS Reports, as a work of the United States Government, are not
subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in subject to copyright protection in the United States. Any CRS Report may be reproduced and distributed in
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