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Updated June 26, 2019
Mexico’s Immigration Control Efforts
Background
more dangerous routes that increased their reliance on
Mexico, along with the United States, is experiencing a
smugglers. These groups expressed concern that Mexico
surge in unauthorized migration from the “Northern
did not adequately address corruption among police and
Triangle” of Central America (El Salvador, Guatemala, and
migration officials or increase its prosecutions for crimes
Honduras). Officials in Mexico and the United States are
against migrants. By 2018, increasing numbers of migrants
struggling to deal with high numbers of family units and
began to travel in groups (caravans) as a way to share
unaccompanied minors, many of whom are seeking asylum.
resources and gain protection.
As the Trump Administration has tightened migrant access
to the asylum system, Mexico has absorbed increasing
In December 2018, President Andrés Manuel López
numbers of Central Americans and others in need of
Obrador took office, promising to offer humanitarian
humanitarian protection (see Figure 1). To avoid U.S.
assistance to Central American migrants in Mexico and
tariffs, the Mexican government agreed on June 7, 2019, to
protect their rights. López Obrador announced a plan to
remove (deport) more migrants and allow more asylum
invest $25 billion in southern Mexico that would create jobs
seekers to await their U.S. asylum proceedings in Mexico
for migrants. He has also pledged $30 million to support a
(See CRS Insight IN11130, President Trump’s Possible
U.N. regional development plan for Central America;
Tariffs on Mexican Goods: Potential Economic Effects).
Mexico and others have long maintained that the best way
to stop illegal immigration from Central America is to
Figure 1. Mexico: Reported Apprehensions of
address the insecurity and lack of opportunities there.
Migrants from Northern Triangle Countries and
Asylum Applications
At the same time, López Obrador endorsed a principle of
government austerity and did not increase funding for INM
or for Mexico’s backlogged Commission for the Aid of
Refugees (COMAR). Under pressure from the United
States to reduce unauthorized migration and with its
detention facilities at well over capacity, the Mexican
government suspended provision of one-year humanitarian
visas in southern Mexico as of February 2019. Mexico’s
apprehensions of migrants from Northern Triangle
countries also have increased (see Figure 2). Similarly,
although many Mexicans provided support to migrant
caravans in 2018, a majority of Mexicans polled in 2019
oppose Central American migration.
Source: CRS. Information from Mexico’s Secretary of the Interior.
Figure 2. Mexico: Recent Trends in Reported
Apprehensions of Central American Migrants
Immigration Control
In 2014, then-President Enrique Peña Nieto implemented a
Southern Border Plan that established naval bases on
Mexico’s rivers, security cordons north of the country’s
borders with Guatemala and Belize, and a drone
surveillance program. Unarmed agents from the National
Migration Institute (INM), the only Mexican agency with
authority to detain migrants, increased operations along
train routes and at bus stations. INM improved the
infrastructure at border crossings and created mobile
highway checkpoints. With U.S. support, INM sought to
professionalize its workforce and improve coordination
Source: CRS. Data from Mexico’s Secretary of the Interior.
with Mexican federal police, navy, army, and customs
agencies.
Humanitarian Protection
The U.N. High Commissioner for Refugees (UNHCR) and
The State Department’s Country Report on Human Rights
other international organizations report that half of all
Practices and Trafficking in Persons report document how
children and a sizable proportion of women fleeing the
migrants in Mexico are vulnerable to human rights abuses
Northern Triangle may need international assistance and
and human trafficking. Human rights groups argued that
protection, even if they do not qualify as refugees under the
Peña Nieto’s Southern Border Plan pushed migrants to take
1951 Refugee Convention. Mexico has a broader definition
of refugee than the United States and the 1951 Refugee
https://crsreports.congress.gov
Mexico’s Immigration Control Efforts
Convention; it recognizes a right to asylum based on
accepted daily for asylum screening at U.S. ports of entry,
“generalized violence; foreign aggression; internal
Mexican border cities, some of which have high rates of
conflicts; massive violations of human rights; and other
violent crime, are now sheltering thousands of migrants
circumstances leading to a serious disturbance of public
with little support from either federal government.
order.” As a result, some of the migrants arriving in Mexico
could qualify as refugees. In the past, activists claimed that
Bilateral Immigration Agreement?
INM agents did not inform migrants of the right to request
In recent months, President Trump has vowed to close the
asylum. Recently, asylum requests have surged. The
U.S.-Mexico border if Mexico does not stop U.S.-bound
numbers have grown from 15,650 in 2013-2016 to 14,619
unauthorized migration. In late May 2019, the President
in 2017 and 29,647 in 2018. According to COMAR,
threatened to impose escalating tariffs on Mexican motor
Mexico is projected to receive 60,000 asylum requests in
vehicle exports if the Mexican government did not
2019.
significantly increase its efforts to stop U.S.-bound
migrants. On June 7, 2019, the governments reached an
Despite UNHCR support, COMAR reportedly does not
agreement to avert the tariffs for at least the next 90 days.
have sufficient budget or staff to process pending asylum
claims. COMAR granted refugee status to 1,014 individuals
According to the U.S.-Mexico Joint Declaration, Mexico
from Northern Triangle countries in 2018. It granted
agreed to deploy its newly created National Guard to the
“complementary protection” (relief from deportation but
southern border, dismantle human smuggling networks, and
not permanent residency) to 1,155 individuals who failed to
accept the expansion of the MPP across the entire border.
qualify for asylum. On average, in 2018, COMAR granted
Mexico also agreed to provide jobs and social services to
asylum or complementary protection to 50.1% of applicants
asylum seekers returned from the United States. Both
from Northern Triangle countries.
countries reiterated their commitment to a December 18,
2018, joint announcement in support of economic
U.S. Foreign Assistance
development in Mexico and the Northern Triangle. The
Since FY2014, the State Department has allocated over
June statement also states that both governments will
$100 million in Mérida Initiative funding to support
continue discussing other measures to reduce migration. On
Mexico’s immigration control efforts. U.S. funds have
June 10, 2019, Mexican Foreign Minister Marcelo Ebrard
provided nonintrusive inspection equipment, mobile kiosks,
said those discussions have involved establishing a “safe
canine teams, and vehicles, as well as training in
third-country agreement” that could require certain
immigration enforcement. U.S. support helped build a
migrants who transit Mexico to apply for asylum in Mexico
secure communications network for Mexican agencies in
rather than in the United States.
the southern border area and are helping Mexico collect
biometric information that interfaces with U.S. databases.
While many business groups praised the agreement for
The State Department also has provided funding through
averting U.S. tariffs, human rights groups criticized it for
the Migration and Refugee Assistance (MRA) account to
lack of clarity on how it will be funded and implemented
UNHCR and others to improve access to asylum in Mexico,
effectively and fairly. Critics fear that using a militarized
provide legal assistance and alternatives to detention for
force such as Mexico’s National Guard for migration
asylum seekers, and increase COMAR’s asylum processing
management may lead to additional human rights abuses.
capacity. CRS has requested but not yet received recent
Humanitarian experts have warned about the agreement’s
MRA funding levels for Mexico from the State Department.
impact on Mexico’s overcrowded detention facilities in the
south and on shelters in the north.
U.S. Migrant Protection Protocols
In December 2018, President López Obrador decided to
Congressional Action
allow Central American asylum seekers to be returned to
The 116th Congress continues to fund and oversee U.S.
Mexico under the U.S. Migrant Protection Protocols (MPP)
migration-related assistance to Mexico provided through
announced in December 2018 by the U.S. Department of
the Mérida Initiative and the MRA account. The amount of
Homeland Security (DHS). DHS implemented the new
such funding the State Department may provide to Mexico
policy (“Remain in Mexico”) under Section 235(b)(2)(C) of
for FY2019 is unclear, since P.L. 116-6 did not specify how
the Immigration and Nationality Act, which allows the
much Mérida Initiative or MRA funds to allocate for
United States to return some non-Mexican asylum seekers
migration management in Mexico. The House-passed
(excluding unaccompanied minors) to Mexico to await their
FY2020 minibus, H.R. 2740 (Division D covers foreign
immigration court decisions. The policy is facing legal
operations appropriations and references H.Rept. 116-78 to
challenges, but court orders currently in effect allow DHS
H.R. 2839) would provide $126.8 million for the Mérida
to continue implementing it. INM asserts that 15,000
Initiative overall (not just migration) and an unspecified
migrants had been returned to Mexico as of June 24, 2019.
amount of MRA funding to support COMAR. The House-
(See CRS Legal Sidebar LSB10251, “Migrant Protection
passed version of the FY2020 border supplemental measure
Protocols”: Legal Issues Related to DHS’s Plan to Require
(H.R. 3401) would require the DHS Secretary to establish
Arriving Asylum Seekers to Wait in Mexico.)
policies related to the MPP; the Senate border supplemental
bill does not mention MPP (S. 1900). Legislation also has
López Obrador’s decision to allow Central American
been introduced to prohibit funding for the MPP (H.R.
migrants to be returned to Mexico has put pressure on local
2662).
governments and aid organizations assisting migrants. With
Clare Ribando Seelke, Specialist in Latin American
U.S. border officials limiting the number of migrants
Affairs
https://crsreports.congress.gov
Mexico’s Immigration Control Efforts
IF10215
Disclaimer
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