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TITLE ONE
PRELIMINARY PROVISIONS
SINGLE CHAPTER
PRELIMINARY PROVISIONS
Article 1 . The provisions of this Law are of public order and of general observance throughout the Republic and are intended to regulate the entry and exit of Mexicans and foreigners to the territory of the United Mexican States and the transit and stay of foreigners therein, within a framework of respect, protection and safeguarding of human rights, contribution to national development, as well as the preservation of national sovereignty and security.
Article 2 . The migration policy of the Mexican State is the set of strategic decisions to achieve specific objectives based on the general principles and other precepts contained in the Political Constitution of the United Mexican States, international treaties and conventions to which the Mexican State is a party and this Law, are embodied in the Regulations, secondary rules, various programs and concrete actions to address the migration phenomenon in Mexico in a comprehensive manner, as a country of origin, transit, destination and return of migrants.
Amended paragraph DOF 04-05-2021
The following are the principles on which the Mexican State's immigration policy should be based:
Unrestricted respect for the human rights of migrants, nationals and foreigners, regardless of their origin, nationality, gender, ethnicity, age and migratory status, with special attention to vulnerable groups such as minors, women, indigenous people, adolescents and senior citizens, as well as victims of crime. In no case shall an irregular migratory situation in itself preconfigure the commission of a crime, nor shall the commission of illegal acts by a migrant be prejudged by the fact of being in an undocumented condition.
Congruence so that the Mexican State guarantees the enforcement of the rights it claims for its citizens abroad, in the admission, entry, stay, transit, deportation and assisted return of foreigners in its territory.
Comprehensive approach in accordance with the complexity of the international mobility of people, addressing the various manifestations of migration in Mexico as a country of origin, transit, destination and return of migrants, considering its structural causes and its immediate and future consequences.
Shared responsibility with the governments of the various countries and among national and foreign institutions involved in the migration issue.
Hospitality and international solidarity with people who need a new place of temporary or permanent residence due to extreme conditions in their country of origin that put their lives or coexistence at risk, in accordance with Mexican tradition in this regard, treaties and international law.
Facilitation of the international mobility of people, safeguarding order and security. This principle recognizes the contribution of migrants to societies of origin and destination. At the same time, it strives to strengthen the contribution of the migration authority to public and border security, regional security and the fight against organized crime, especially in combating the smuggling or kidnapping of migrants, and human trafficking in all its forms.
Complementarity of labor markets with other countries in the region, as a basis for an adequate management of labor migration in accordance with national needs.
Equity between nationals and foreigners, as indicated in the Political Constitution of the United Mexican States, especially with respect to the full observance of individual guarantees, both for nationals and foreigners.
Recognition of the acquired rights of immigrants, inasmuch as foreigners with roots or family, work or business ties in Mexico have generated a series of rights and commitments as a result of their daily coexistence in the country, even when they may have incurred in an irregular migratory situation due to administrative aspects and provided that the foreigner has complied with the applicable laws.
Family unity and the best interest of the child and adolescent, as a priority criterion for the internment and stay of foreigners for temporary or permanent residence in Mexico, together with labor needs and humanitarian causes, since family unity is a substantive element for the formation of a healthy and productive social fabric of the communities of foreigners in the country.
Social and cultural integration between nationals and foreigners residing in the country based on multiculturalism and freedom of choice and full respect for the cultures and customs of their communities of origin, as long as they do not contravene the laws of the country.
To facilitate the return to the national territory and the social reintegration of Mexican emigrants and their families, through inter-institutional programs and to strengthen the links between the communities of origin and destination of Mexican emigrants, for the benefit of family welfare and regional and national development.
Best interests of the child or adolescent and the gender perspective.
Paragraph added DOF 04-05-2021
Conventionality, in terms of the provisions of the third paragraph of article 1 of the Political Constitution of the United Mexican States.
Paragraph added DOF 04-05-2021
The Executive Branch will determine the country's migratory policy in its operative part, for which purpose it must gather the demands and positions of the other Powers of the Union, of the governments of the federal entities and of the organized civil society, taking into consideration Mexico's humanitarian tradition and its unwavering commitment to human rights, development and national, public and border security.
Article 3 . For the purposes of this Law, the following definitions shall apply:
I. Immigration authority, the public servant who exercises the legal authority expressly conferred to perform certain functions and acts of authority in immigration matters;
II. Readmission Agreement: the act by which the Secretariat determines to authorize the entry into the country of a foreigner previously deported;
III. Asylee: any foreigner who is recognized as such under the terms of the Law on Refugees, Complementary Protection and Political Asylum;
Section amended DOF 30-10-2014
IV. Stateless person: any person who is not considered as a national by any State, according to its legislation. The law shall grant equal treatment to persons who have a nationality but whose nationality is not effective.
V. Social Assistance Center: The establishment, place or space for alternative care or residential foster care for children and adolescents without parental or family care provided by public and private institutions and associations;
Fraction added DOF 11-11-2020
VI. Evaluation Center: The Evaluation and Confidence Control Center of the National Immigration Institute;
Section moved DOF 11-11-2020
VII. Condition of stay: the regular situation in which a foreigner is placed according to his/her intention of residence and, in some cases, according to the activity he/she will develop in the country, or according to humanitarian or international solidarity criteria.
Section moved DOF 11-11-2020
VIII. Constitution: the Political Constitution of the United Mexican States;
Section moved DOF 11-11-2020
IX. Quota: the maximum number of foreigners to enter the country to work either in general by economic activity or by zone of residence.
Section moved DOF 11-11-2020
X. Human rights defender: any person or civil society organization that individually or collectively promotes or seeks the protection or realization of human rights, fundamental freedoms and individual guarantees at the national or international level.
Section moved DOF 11-11-2020
XI. Migratory Station: the physical facility established by the Institute to temporarily house foreigners who cannot prove their regular migratory status, while their migratory status is being resolved;
Section moved DOF 11-11-2020
XII. Foreigner: a person who does not have the status of Mexican, in accordance with the provisions of Article 30 of the Constitution;
Section moved DOF 11-11-2020
XIII. Migratory review filter: the space located in the place destined for the international transit of persons, where the Institute authorizes or rejects the regular internment of persons into the territory of the United Mexican States;
Section moved DOF 11-11-2020
XIV. Institute: The National Institute of Migration;
Section moved DOF 11-11-2020
XV. Law: the present Law;
Section moved DOF 11-11-2020
XVI. Place for the international transit of persons: the physical space established by the Secretariat for the passage of persons from one country to another;
Section moved DOF 11-11-2020
XVII. Mexican: a person who possesses the qualities determined in Article 30 of the Constitution;
Section moved DOF 11-11-2020
XVIII. Migrant: an individual who leaves, transits or arrives in the territory of a State other than that of his/her residence for any type of motivation.
Section moved DOF 11-11-2020
XIX. Migrant child or adolescent: any migrant person, national or foreign, under eighteen years of age. Children are those under twelve years of age, and adolescents are those between twelve years of age and less than eighteen years of age.
When there is doubt as to whether a person is over eighteen years of age, it shall be presumed that he/she is an adolescent. When there is doubt as to whether it is a person over or under twelve years of age, it shall be presumed to be a child;
Section amended and rewritten DOF 11-11-2020
XX. Unaccompanied migrant child or adolescent: any migrant person under eighteen years of age who is not accompanied by the adult person exercising parental authority, who has custody of him/her, by his/her guardian or adult person under whose care he/she is habitually by custom;
Fraction added DOF 11-11-2020
XXI. Accompanied migrant child or adolescent: any migrant person under eighteen years of age who is accompanied by the adult person who exercises parental authority, has custody or guardianship over him or her or by his or her guardian;
Fraction added DOF 11-11-2020
XXII. Separated migrant child or adolescent: any migrant person under eighteen years of age who is accompanied by an adult person under whose care he/she is usually found by custom and not by virtue of law;
Fraction added DOF 11-11-2020
XXIII. Consular office: representations of the Mexican State before the government of another country in which the following functions are performed on a permanent basis: to protect Mexicans located in its circumscription, to promote commercial, economic, cultural and scientific relations between both countries and to issue documentation to Mexicans and foreigners in terms of the Mexican Foreign Service Law and its Regulations;
Section moved DOF 11-11-2020
XXIV. Presentation: the measure issued by the Institute through which the temporary housing of a foreigner who does not prove his immigration status is agreed upon for the regularization of his stay or assistance for his return.
Section moved DOF 11-11-2020
XXV. Offices of the Attorney General for the Protection of Children and Adolescents: the Federal Office of the Attorney General for the Protection of Children and Adolescents and the offices of the Attorney General for the Protection of Children and Adolescents of each federal entity;
Fraction added DOF 11-11-2020
XXVI. Complementary protection: the protection granted by the Secretariat to a foreigner who has not been recognized as a refugee, consisting of not returning him to the territory of another country where his life would be threatened or he would be in danger of being subjected to torture or other cruel, inhuman or degrading treatment or punishment;
Section moved DOF 11-11-2020
XXVII. Refugee: any foreigner who is in national territory and who is recognized as a refugee by the competent authorities, in accordance with the international treaties and conventions to which the Mexican State is a party and the legislation in force;
Section moved DOF 11-11-2020
XXVIII. Regulations: the Regulations of this Law;
Section moved DOF 11-11-2020
XXIX. Assisted return is the procedure by which the National Immigration Institute makes a foreigner leave the national territory, sending him/her back to his/her country of origin or habitual residence;
Section moved DOF 11-11-2020
XXX. Remuneration: the payments received by persons in the territory of the United Mexican States for the rendering of a subordinated personal service or for the rendering of an independent professional service;
Section moved DOF 11-11-2020
XXXI. Secretariat: The Secretariat of the Interior;
Section moved DOF 11-11-2020
XXXII. Professional Migratory Career Service: the mechanism that guarantees equal opportunities for the entry, permanence and development of the Institute's public servants in positions of trust.
Section added DOF 07-06-2013. Repealed DOF 11-11-2020
XXXIII. Immigration status: the legal hypothesis in which a foreigner is placed according to the compliance or noncompliance with the immigration provisions for his entry and stay in the country. It is considered that the foreigner has a regular migratory situation when he/she has complied with such provisions and that he/she has an irregular migratory situation when he/she has not complied with such provisions;
Section amended DOF 07-06-2013. Amended DOF 12-07-2018. Repealed DOF 11-11-2020
XXXIV. Residence card: the document issued by the Institute with which foreigners accredit their regular migratory situation of temporary or permanent residence;
Section moved DOF 07-06-2013, 11-11-2020
XXXV. Immigration proceedings: Any request or delivery of information made by individuals and legal entities before the immigration authority, in order to comply with an obligation, obtain a benefit or service of an immigration nature so that a resolution may be issued, as well as any other document that such persons are obliged to keep, not including those documents or information that only have to be submitted in case of a requirement of the Institute, and
Section moved DOF 07-06-2013, 11-11-2020
XXXVI. Visa: the authorization granted in a consular office that evidences the accreditation of the requirements to obtain a condition of stay in the country and that is expressed by means of a document that is printed, adhered or attached to a passport or other document. The visa may also be granted through electronic means and records and may be called electronic or virtual visa. The visa authorizes the foreigner to go to a place for the international transit of persons and request, depending on the type of visa, his/her stay, provided that the other requirements for entry are met.
Section moved DOF 07-06-2013, 11-11-2020
Article 4 . The application of this Law corresponds to the Secretariat, for which it may assist and coordinate with other agencies and entities of the Federal Public Administration whose powers are linked to immigration matters.
Article 5 . Exempt from immigration inspection are representatives and officials of foreign governments and international organizations who enter the country on official commission, their family members and service personnel, as well as persons who, in accordance with treaties and agreements to which the Mexican State is a party, international laws and practices recognized by the Mexican State, enjoy immunities with respect to territorial jurisdiction, always taking into account international reciprocity.
Foreigners who conclude their official duties in the United Mexican States and wish to remain in the country, as well as those who enjoy immunity and waive it in order to carry out lucrative activities, must comply with the provisions of this Law and other applicable legal provisions.
TITLE TWO
RIGHTS AND OBLIGATIONS OF MIGRANTS
SINGLE CHAPTER
RIGHTS AND OBLIGATIONS
Article 6 . The Mexican State shall guarantee to all foreigners the exercise of the rights and freedoms recognized in the Constitution, in the international treaties and conventions to which the Mexican State is a party and in the applicable legal provisions, regardless of their immigration status.
In the case of migrant children and adolescents, in addition to the provisions of the preceding paragraph, the rights and principles established in the General Law on the Rights of Children and Adolescents and its Regulations shall be guaranteed, including the right not to be deprived of liberty for migratory reasons.
Article amended DOF 11-11-2020
Article 7 . The freedom of all persons to enter, remain in, transit through and leave the national territory shall be subject to the limitations established in the Constitution, international treaties and conventions to which the Mexican State is a party, this Law and other applicable legal provisions.
Free transit is a right of every person and it is the duty of any authority to promote and respect it. No person shall be required to prove his nationality and immigration status in the national territory, except by the competent authority in the cases and under the circumstances established in this Law.
Article 8 . Migrants shall have access to educational services provided by the public and private sectors, regardless of their migratory status and in accordance with the applicable legal and regulatory provisions.
Migrants shall have the right to receive any type of medical care provided by the public and private sectors, regardless of their migratory status, in accordance with the applicable legal and regulatory provisions.
Migrants, regardless of their immigration status, shall have the right to receive, free of charge and without any restriction whatsoever, any type of urgent medical care necessary to preserve their lives.
In the provision of educational and medical services, no administrative act will establish restrictions for foreigners greater than those established in general for Mexicans.
Article 9 . Judges or officers of the Civil Registry may not deny migrants, regardless of their immigration status, the authorization of civil status acts or the issuance of certificates relating to birth, recognition of children, marriage, divorce and death.
Article 10 . The Mexican State shall guarantee migrants who intend to enter the country in a regular manner or who reside in national territory with a regular migratory situation, as well as those who intend to regularize their migratory situation in the country, the right to the preservation of family unity.
Article 11 . In any case, regardless of their migratory status, migrants shall have the right to the procurement and administration of justice, respecting at all times the right to due process, as well as to file human rights complaints, in accordance with the provisions contained in the Constitution and other applicable laws.
The procedures applicable to migrant children and adolescents shall be governed by the rights and principles established in the Constitution, international treaties, the General Law on the Rights of Children and Adolescents and other applicable regulatory provisions on the subject. Prior to the initiation of such proceedings, immediate notice shall be given to the Office of the Attorney General for Protection. At all times, the principle of not depriving children and adolescents of their liberty for migratory reasons shall be observed.
Article amended DOF 11-11-2020
Article 12 . Migrants, regardless of their immigration status, shall have the right to recognition of their legal personality, in accordance with the provisions of the Constitution and the international treaties and conventions to which the Mexican State is a party.
Article 13 . Migrants and members of their families who are in the territory of the United Mexican States shall have the right to be provided with information about:
I. Your rights and obligations, in accordance with current legislation;
II. The requirements established by the applicable legislation for their admission, stay and departure, and
III. The possibility of requesting recognition of refugee status, the granting of complementary protection or the granting of political asylum and the determination of statelessness, as well as the respective procedures for obtaining such conditions.
The Secretariat shall adopt such measures as it deems appropriate to disclose the aforementioned information, in accordance with applicable legislation.
Article 14 . When the migrant, regardless of his or her migratory status, does not speak or understand Spanish, a translator or interpreter with knowledge of his or her language shall be appointed ex officio to facilitate communication.
When the migrant is deaf and can read and write, he/she shall be questioned in writing or through an interpreter. Otherwise, a person who can understand him/her shall be designated as interpreter.
In the event of a conviction of a migrant, regardless of his or her immigration status, the judicial authorities shall be obliged to inform him or her of the international treaties and agreements signed by the Mexican State regarding the transfer of prisoners, as well as any other that could benefit him or her.
Article 15 . The Mexican State shall promote the access and integration of migrants who obtain the status of temporary residents and permanent residents to the different areas of the economic and social life of the country, guaranteeing respect for their identity and their ethnic and cultural diversity.
Article 16 . Migrants shall comply with the following obligations:
I. In the case of foreigners with regular migratory status, to keep and safeguard the documentation that proves their identity and status.
II. Show the documentation that proves their identity or their regular migratory situation, when required by the migratory authorities;
III. Provide the information and personal data requested by the competent authorities, within the scope of their attributions, without prejudice to the provisions of the Federal Law of Transparency and Access to Public Governmental Information and other applicable provisions on the matter; and
IV. Other obligations established in the Constitution, this Law, its Regulations and other applicable provisions.
Article 17 . Only the immigration authorities may withhold the documentation that proves the identity or immigration status of migrants when there are elements to presume that they are apocryphal, in which case they must immediately inform the competent authorities so that they may decide what is appropriate.
TITLE THREE
OF THE AUTHORITIES IN MIGRATORY MATTERS
CHAPTER I
OF THE IMMIGRATION AUTHORITIES
Article 18 . The Secretariat shall have the following powers in immigration matters:
I. Formulate and direct the country's immigration policy, taking into account the opinion of the authorities established for this purpose in the Regulations, as well as the demands and positions of the other Powers of the Union, the Governments of the federal entities and civil society;
II. Establish the quotas, requirements or procedures for the issuance of visas and the authorization of conditions of stay, provided that they imply for their holder the possibility of performing activities in exchange for remuneration; as well as determine the municipalities or federal entities that make up the border regions or those that receive temporary workers and the corresponding validity of the authorizations for the condition of stay issued in such regions, under the terms of this Law. In all these cases the Secretariat must previously obtain the favorable opinion of the Secretariat of Labor and Social Welfare and will take into account the opinion of the other authorities established in the Regulations;
III. Establish or eliminate requirements for the entry of foreigners into the national territory, by means of general provisions published in the Official Gazette of the Federation, taking into account the opinion of the authorities established for such purpose in the Regulations;
IV. Suspend or prohibit the entry of foreigners, in terms of this Law and its Regulations;
V. In coordination with the Ministry of Foreign Affairs, promote and subscribe international instruments in matters of assisted return of both Mexicans and foreigners;
VI. To fix and suppress the places destined for the international transit of persons, in terms of this Law and its Regulations;
VII. To issue readmission Agreements, in the cases provided for in this Law; and
VIII. Any other duties established by the General Population Law, this Law, its Regulations and other applicable legal provisions.
Article 19 . The Institute is a decentralized administrative body of the Secretariat, whose purpose is the implementation, control and supervision of the acts carried out by the immigration authorities in national territory, as well as the implementation of policies on the subject, based on the guidelines issued by the same Secretariat.
Article 20 . The Institute shall have the following powers in migration matters:
I. To implement the policy in migratory matters;
II. Monitor the entry and exit of persons to and from the territory of the United Mexican States and review their documentation;
III. In the cases indicated in this Law, to process and resolve on the internment, stay and exit of foreigners from the country;
IV. To know, resolve and execute the deportation or assisted return of foreign persons, under the terms and conditions established in this Law and its Regulations; unless, in the case of deportation or assisted return of migrant children and adolescents, the plan for the restitution of rights issued by the Office of the Attorney General for Protection determines otherwise;
Reformed fraction DOF 11-11-2020
V. To impose the sanctions provided for in this Law and its Regulations;
VI. To keep and maintain the National Register of Foreigners up to date;
VII. To present in the migratory stations or in the places enabled for such purpose, the foreigners who so require in accordance with the provisions of this Law, respecting their human rights at all times;
Reformed fraction DOF 11-11-2020
VIII. To coordinate the operation of the groups of attention to migrants who are in national territory;
IX. To provide information contained in the databases of the various computer systems it administers to the various national security institutions that request it, in accordance with the applicable legal provisions;
Reformed fraction DOF 11-11-2020
X. To negotiate before the corresponding authority the assignment of the unique code of the population registry for children and adolescents who are granted authorization to stay as a Visitor for Humanitarian Reasons or as a Resident;
Fraction added DOF 11-11-2020
XI. Receive repatriated Mexican children and adolescents and immediately notify the Office of the Attorney General for Protection and channel the child or adolescent to the corresponding DIF System, and
Fraction added DOF 11-11-2020
XII. Any other duties established by this Law, its Regulations and other applicable legal provisions.
Section moved DOF 11-11-2020
Article 21 . The Ministry of Foreign Affairs shall have the following powers in immigration matters:
I. To apply within the scope of its competence the provisions of this Law, its Regulations and other legal provisions;
II. Promote jointly with the Secretariat the subscription of international instruments in matters of assisted return of Mexicans and foreigners;
III. Promote jointly with the Ministry of the Interior, the subscription of bilateral agreements that regulate the migratory flow;
IV. In the cases foreseen in this Law, to process and resolve the issuance of visas, and
V. Any other duties established by this Law, its Regulations and other applicable legal provisions.
CHAPTER II
PROFESSIONALIZATION AND CERTIFICATION OF THE INSTITUTE'S PERSONNEL
Article 22 . The actions of the Institute's public servants shall invariably be subject to the principles of legality, objectivity, efficiency, professionalism, honesty and respect for the human rights recognized in the Constitution and in this Law.
Article 23 . In terms of Article 96 of the General Law of the National Public Security System, public servants of the Institute are required to undergo the certification process that consists of verifying compliance with the personality, ethical, socioeconomic and medical profiles necessary for the exercise of their functions, in the procedures for admission, promotion and permanence, under the terms of the Regulations.
Certification is a prerequisite for admission, permanence and promotion.
For purposes of certification, the Institute will have an Evaluation Center accredited by the National Certification and Accreditation Center, in terms of the General Law of the National Public Security System and other applicable legal provisions.
The Evaluation Center will be integrated with the personnel from the technical and administrative areas necessary for the fulfillment of its functions.
Article 24 . The Evaluation Center shall have the following attributions:
I. To carry out periodic evaluations of the Members of the Institute, in order to verify compliance with the personality, ethical, socioeconomic and medical profiles, in the admission, promotion and permanence procedures necessary for the fulfillment of their functions;
II. Communicate to the competent administrative units the results of the evaluations it performs, for the purposes of admission, promotion or permanence of the Institute's public servants, as appropriate;
III. To issue and update the corresponding certificate to the Institute's personnel that accredits the corresponding evaluations;
IV. Contribute to identify risk factors that impact or jeopardize the performance of migration functions, in order to ensure the proper operation of immigration services;
V. Establish a database containing the files of the certification processes of the persons who have undergone them and implement the necessary security measures for the safekeeping of the information contained in such databases;
VI. Recommend training and the implementation of the measures derived from the results of the evaluations performed, and
VII. Any other duties established by this Law, its Regulations and other applicable legal provisions.
Article 25 . Public servants of the Institute for their entry, development and permanence must complete and pass the training programs, training and professionalization, including regulations on migration and human rights provided through the Professional Immigration Career Service, after having the certification referred to in Article 23 of this Law.
For the efficiency and effectiveness of immigration management, the procedures for the selection, admission, training, education, training, development, updating, retention and promotion of public servants of the Institute, as well as those relating to the organization and operation of the Professional Immigration Career Service, will be established in the Regulations of this Law.
Article amended DOF 07-06-2013
CHAPTER III
OF THE AUXILIARY AUTHORITIES IN MIGRATORY MATTERS
Article 26 . It corresponds to the Secretariat of Tourism:
I. To disseminate official information on immigration procedures and requirements for the entry, transit, regular stay and departure of foreigners who intend to visit the country;
II. To participate in the interinstitutional actions in migratory matter, that contribute in the implementation of programs that foment and promote the tourism in national destinations, for the development and benefit of the country, and
III. Any other provisions set forth in this Law, its Regulations and other applicable legal provisions.
Article 27 . It corresponds to the Secretariat of Health:
I. Promote, in coordination with the health authorities of the different levels of government, that the provision of health services granted to foreigners is provided regardless of their migratory status and in accordance with the applicable legal provisions;
II. Establish sanitary requirements for the internment of persons into the national territory, in accordance with the applicable legal provisions;
III. To exercise the surveillance of health services in places destined for the international transit of persons, in national or foreign, maritime, air and land transportation, by means of inspection visits in accordance with the applicable legal provisions;
IV. Design and disseminate campaigns in places destined for the international transit of persons, for the prevention and control of diseases, in accordance with applicable legal provisions, and
V. Any others indicated in this Law, its Regulations and other applicable legal provisions.
Article 28 . It is the responsibility of the Attorney General's Office of the Republic:
Amended paragraph DOF 20-05-2021
I. Promote the training and specialization of agents of the Federal Ministerial Police, agents of the Public Prosecutor's Office and Ministerial Officers in human rights;
II. To provide migrants with guidance and advice for their effective attention and protection, in accordance with the Law of the Attorney General's Office, its Organic Statute and other applicable regulations;
Section amended DOF 20-05-2021
III. Provide the agencies in charge of statistics with the necessary references on the number of preliminary inquiries, investigation files and criminal proceedings regarding crimes of which migrants are victims;
Section amended DOF 20-05-2021
IV. Enter into cooperation and coordination agreements, as well as carry out, within the scope of its attributions, the necessary actions to achieve an effective investigation and prosecution of crimes of which migrants are victims or offended parties;
Section amended DOF 04-05-2021
V. To hear cases involving the offenses provided for in Articles 159 and 161 of this Law, and
VI. Any others indicated in this Law, its Regulations and other applicable legal provisions.
Article 29 . The National System for the Integral Development of the Family, the State DIF Systems and that of Mexico City are responsible for this:
I. Provide social assistance for the care of migrant children and adolescents who require services for their protection;
II. To grant facilities for the stay and guarantee the protection and rights of migrant children and adolescents, regardless of their nationality and migratory situation, guaranteeing the principle of family unity and compliance with protection measures for the comprehensive restitution of violated rights of children and adolescents in accordance with Articles 122 and 123 of the General Law on the Rights of Children and Adolescents;
III. The National DIF System and the systems of the federal entities, in coordination with the competent institutions, shall identify foreign children and adolescents who require international protection, whether as refugees or otherwise, through an initial assessment with guarantees of security and privacy, in order to provide them with the appropriate and individualized treatment necessary through the adoption of special protection measures;
IV. To cooperate with the Institute in the implementation of actions to provide adequate attention to migrants who, due to different factors or a combination of them, face situations of greater vulnerability;
V. To cooperate with human rights defenders and the National Human Rights Commission to guarantee the comprehensive protection of the rights of children and adolescents;
VI. Establish coordination agreements with agencies and entities of the Federal Public Administration, federal entities, municipalities and territorial districts and with specialized civil society organizations to ensure the comprehensive protection of the rights of children and adolescents, and
VII. Any others indicated in this Law, its Regulations, the General Law on the Rights of Children and Adolescents and its Regulations and other applicable legal provisions.
Article amended DOF 09-11-2017, 11-11-2020
Article 30 . The National Women's Institute is responsible for:
I. To carry out inter-institutional actions, in coordination with the Institute, to address the problem, as well as the prevention of violence against migrant women, and to advance in compliance with international treaties and conventions to which the Mexican State is a party.
Section amended DOF 25-06-2018
II. Promote actions aimed at improving the social condition of the female migrant population and the eradication of all forms of discrimination against them;
III. Provide migration authorities with training on gender equality, with emphasis on the respect and protection of migrant women's human rights; and
IV. Any others indicated in this Law, its Regulations and other applicable legal provisions.
TITLE FOUR
OF THE INTERNATIONAL MOVEMENT OF PERSONS AND THE STAY OF FOREIGNERS IN NATIONAL TERRITORY
CHAPTER I
ENTRY INTO AND EXIT FROM THE NATIONAL TERRITORY
Article 31 . It is the exclusive power of the Secretariat to establish and suppress the places destined for the international transit of persons by land, sea and air, subject to the prior opinion of the Ministries of Finance and Public Credit; Communications and Transportation; Health; Foreign Affairs; Agriculture, Livestock, Rural Development, Fisheries and Food, and, if applicable, the Navy. Likewise, it will consult with such agencies as it deems appropriate.
The above-mentioned agencies are obliged to provide the necessary elements to render the services corresponding to their respective competencies.
Article 32 . The Secretariat may temporarily close places destined for the international transit of persons by land, sea and air, for reasons of public interest.
Article 33 . The concessionaires or permit holders that operate or manage places destined for the international transit of persons by land, sea and air, shall be obliged to make available to the Institute the necessary facilities for the adequate performance of its functions, as well as to comply with the guidelines issued for such purpose.
The characteristics that the Institute's facilities must have in places destined for the international transit of persons by land, sea and air shall be specified in the Regulations.
Article 34 . Mexicans and foreigners may only enter and leave the national territory through places destined for the international transit of persons by land, sea and air.
The regular internment to the country will be carried out at the moment in which the person passes through the migratory revision filters located in the places destined to the international transit of people by land, sea and air, within the schedules established for such effect and with the intervention of the migratory authorities.
Article 35 . In order to enter and leave the country, Mexicans and foreigners must comply with the requirements of this Law, its Regulations and other applicable legal provisions.
It is the exclusive responsibility of the Institute's personnel to monitor the entry and exit of nationals and foreigners and to review their documentation, for which purpose they may use automated technological tools, observing the provisions of Article 16 of this Law.
Article amended DOF 29-04-2022
Article 36 . Mexicans may not be deprived of the right to enter national territory. For this purpose, they must prove their nationality in addition to complying with the other requirements established in this Law, its Regulations and other applicable legal provisions.
Mexicans must prove their nationality with one of the following documents:
I. Passport;
II. Cédula de Identidad Ciudadana or Cédula de Identidad Personal or its equivalent;
III. Certified copy of the Birth Certificate;
IV. Consular registration;
V. Letter of Naturalization, or
VI. Certificate of Mexican Nationality.
If applicable, he/she may identify himself/herself with a photo voting credential issued by the national electoral authority, or any other document issued by the authority in the exercise of its functions.
In the absence of the evidentiary documents mentioned in the preceding sections, for the purposes of the provisions of this article, Mexican nationality may be accredited by any other objective element of conviction that allows the Institute to determine that the requirements for accreditation of Mexican nationality are met.
In cases where the Institute has sufficient elements to presume the lack of authenticity of the documents or veracity of the elements provided to prove Mexican nationality, it will determine the admission or rejection of the person in question, after conducting the respective investigation. This procedure must be rational and in no case exceed 4 hours.
Likewise, upon entering the country, Mexicans will be obliged to provide the information and personal data that, within the scope of their powers, may be requested by the competent authorities and will have the right to be informed about the legal requirements established for their entry and exit from the national territory.
Article 37 . In order to enter the country, foreigners must:
I. Present the following documents at the immigration review filter before the Institute:
a) Passport or identity and travel document that is valid in accordance with current international law, and
b) When so required, a validly issued and valid visa, in terms of article 40 of this Law; or
c) Residence card or authorization in the condition of stay of regional visitor, border worker visitor or humanitarian visitor.
II. Provide the information and personal data requested by the competent authorities within the scope of their attributions.
III. Foreigners who are in any of the following situations do not need a visa:
a) Nationals of countries with which a visa waiver agreement has been signed or which do not require a visa by virtue of a unilateral decision taken by the Mexican State;
b) Applicants for regional visitor and border worker visitor status;
c) Holders of an exit and return permit;
d) Holders of an authorized stay status, in cases previously determined by the Secretariat;
e) Applicants for refugee status, complementary protection and statelessness determination, or for humanitarian reasons or force majeure, and
f) Crew members of commercial vessels or aircraft in accordance with international commitments assumed by Mexico.
Article 38 . The Secretariat, for reasons of public interest and as long as the causes that motivate it persist, may suspend or prohibit the admission of foreigners by issuing general administrative provisions, which must be published in the Official Gazette of the Federation.
Article 39 . Under the terms of this Law and its Regulations, the procedure for processing and issuance of visas and authorization of conditions of stay shall involve:
I. The offices established by the Secretariat in national territory, and
II. Consular offices, in accordance with the Mexican Foreign Service Law and its Regulations.
Article 40 . Foreigners who intend to enter the country must present one of the following types of visas, validly issued and in force:
I. Visitor's visa without permission to perform remunerated activities, which authorizes the foreigner to present himself at any place destined for the international transit of persons and request his entry into national territory, with the purpose of remaining for an uninterrupted period of no more than one hundred and eighty days, counted from the date of entry.
II. Visitor's visa with permission to carry out remunerated activities, which authorizes the foreigner to present himself at any place destined for the international transit of persons and request his entry into national territory, with the purpose of remaining for an uninterrupted period of no more than 180 days, counted from the date of entry, and to carry out remunerated activities.
III. Visitor's visa to carry out adoption procedures, which authorizes the foreigner linked to an adoption process in the United Mexican States to present himself at any place destined for the international transit of persons and request his entry into national territory, with the purpose of remaining in the country until the final decision is issued and, if applicable, the new record of the adopted child or adolescent is registered in the Civil Registry, as well as the issuance of the respective passport and all the necessary procedures to guarantee the departure of the child or adolescent from the country. The issuance of this authorization will only proceed with respect to citizens of countries with which the United Mexican States has signed an agreement on the matter.
IV. Temporary residence visa, which authorizes the foreigner to present himself at any place destined for the international transit of persons and request his entry into national territory, with the purpose of remaining for a period of no more than four years.
V. Temporary resident student visa, which authorizes the foreigner to present himself at any place destined for the international transit of persons and request his entry into national territory, in order to remain for the duration of the courses, studies, research or training projects that he certifies will be carried out in educational institutions belonging to the national educational system, and to carry out remunerated activities in accordance with the provisions of section VIII of article 52 of this Law.
VI. Permanent residence visa, which authorizes the foreigner to present himself/herself in any place destined for the international transit of persons and request his/her entry to national territory, with the purpose of staying indefinitely.
The criteria for issuing visas will be established in the Regulations and the guidelines will be determined jointly by the Secretariat and the Secretariat of Foreign Affairs, favoring a consistent migration management that grants facilities in the issuance of visas in order to favor orderly and regular migratory flows, giving priority to the dignity of migrants.
None of the visas grant permission to work in exchange for remuneration, unless explicitly referred to in such document.
The visa accredits requirements for a condition of stay and authorizes the foreigner to present himself at any place intended for the international transit of persons and request entry into the country in such condition of stay, without prejudice to the subsequent obtaining of a residence card.
Article 41 . Foreigners shall apply for visas at consular offices. These shall authorize and issue the visas, in accordance with the applicable legal provisions.
In cases of the right to preserve the family unit, for job offer or humanitarian reasons, the visa application may be made at the offices of the Institute. In these cases, the Institute is responsible for the authorization and the Mexican consular offices abroad for the issuance of the visa as instructed.
The consular office may request the Institute to reconsider the authorization if, in its opinion, the applicant does not comply with the requirements established in this Law, its Regulations and other applicable legal provisions.
The Institute will make the final decision without liability for the consular post.
Article 42 . The Secretariat may authorize the entry of foreigners requesting recognition of refugee status, political asylum, determination of statelessness, or for reasons of force majeure or humanitarian reasons, without complying with any of the requirements established in Article 37 of this Law.
Article 43 . Without prejudice to the provisions of article 42 of this ordinance, the immigration authorities may deny the issuance of the visa, the regular entry to national territory or their stay to foreigners who are located in any of the following cases:
I . When the national security or public safety is compromised as a result of his or her background in Mexico or abroad;
Reformed fraction DOF 07-01-2021
II . When they do not comply with the requirements established in this Law, its Regulations and other applicable legal provisions;
III . When it is verified that the documents or elements provided are not authentic;
Reformed fraction DOF 07-01-2021
IV . Be subject to express prohibitions by a competent authority, or
V . As provided by other legal provisions.
The immigration authorities, within the scope of their powers, will have the necessary means to verify the above assumptions and for this purpose may request from the foreigner the information or data required.
The fact that the foreigner has failed to comply with the provisions of section II of this article, shall not prevent the immigration authority from analyzing his visa application again, provided that he complies with the provisions of this Law, its Regulations and other applicable legal provisions.
In cases in which the judicial authority imposes a final conviction sentence on the foreigner, the Institute will assess his or her immigration status, taking into account the principles of social reintegration, as well as those related to family reunification.
Amended paragraph DOF 07-01-2021
Article 44 . International maritime or air passenger transportation companies are obliged to verify that the foreigners they transport have the valid and current documentation required to enter the national territory or the country of final destination.
Article 45 . Foreign crew members of companies in international transit of air, land or maritime transportation who arrive in the national territory on active duty, may only remain in the country for the time necessary to restart the service in the next departure assigned to them.
Expenses arising from the presentation, deportation or departure from the country of crew members who do not comply with this provision shall be covered by the transportation company for which they work.
Article 46 . Air and maritime companies, as well as private aircraft and ships engaged in the international transportation of passengers must electronically transmit to the Institute information regarding passengers, crew and means of transportation entering or leaving the country.
The information to be requested will be specified in the Regulations, and the terms for its submission will be determined in the general administrative provisions issued by the Institute.
Article 47 . For the exit of persons from the national territory, they must:
I. To do so in places destined for the international transit of persons;
II. Identify themselves by presenting a valid and valid passport or identity or travel document;
III. To submit to the Institute the information required for statistical purposes;
IV. In the case of foreigners, to prove their regular migratory situation in the country, or the permit issued by the migratory authority under the terms of article 137 of this Law; and
V. To be subject to the provisions of other applicable provisions on the matter.
Article 48 . The exit of Mexicans and foreigners from the national territory may be carried out freely, except in the following cases:
I . It has been issued by a judicial authority, a precautionary measure or precautionary measure, provided that its purpose is to restrict the freedom of transit of the person;
II . That he/she is under bail due to the commitment to process;
III . Who enjoys preparatory or conditional liberty, except with the permission of the competent authority;
IV. For reasons of national security, in accordance with the applicable legal provisions;
Section amended DOF 21-04-2016
V. In the case of children and adolescents subject to international restitution proceedings, in accordance with the provisions of international treaties and conventions to which the Mexican State is a party, and
Reformed fraction DOF 21-04-2016
VI. Persons who, in their capacity as maintenance debtors, fail to comply with the obligations imposed by civil legislation in matters of maintenance for a period of more than sixty days, upon request of the competent judicial authority, without prejudice to the exceptions provided by the applicable civil legislation, as well as those conducts considered as crimes by the corresponding criminal laws. For the purposes of this section and in the case of foreigners, the Institute will define their migratory situation and will resolve based on what is established in other ordinances and in the regulations of this Law.
Section added DOF 21-04-2016
The Institute shall have the appropriate means to verify the aforementioned assumptions, in accordance with the provisions of the Regulations.
Article 49 . The departure from the country of children and adolescents or persons under legal guardianship in terms of civil legislation, whether Mexican or foreigners, shall also be subject to the following rules:
I. They must be accompanied by one of the persons exercising parental authority or guardianship over them, and complying with the requirements of the Civil legislation.
II. In the event that they are accompanied by a third person of legal age or are traveling alone, they must present their passport and the document stating the authorization of those exercising parental authority or guardianship, before a notary public or by the authorities empowered to do so.
Article 50 . The Institute shall verify the immigration status of stowaways who are in air, sea or land transportation and shall determine what is appropriate, in accordance with the provisions of the Regulations.
Article 51 . The Secretariat shall be empowered to issue policies and administrative provisions of a general nature, which shall be published in the Official Gazette of the Federation, in order to meet the migration needs of the country, taking into account the opinion of the National Population Council.
CHAPTER II
OF THE STAY OF FOREIGNERS IN THE NATIONAL TERRITORY
Article 52 . Foreigners may remain in the national territory under the conditions of stay of visitor, temporary resident and permanent resident, provided that they comply with the requirements established in this Law, its Regulations and other applicable legal provisions, in accordance with the following:
I. VISITOR WITHOUT PERMISSION TO PERFORM REMUNERATED ACTIVITIES. Authorizes the foreigner to transit or remain in national territory for an uninterrupted period of no more than one hundred and eighty days, counted from the date of entry, without permission to perform activities subject to remuneration in the country.
II. VISITOR WITH PERMISSION TO ENGAGE IN REMUNERATED ACTIVITIES. Authorizes the foreigner who has a job offer, an invitation from an authority or academic, artistic, sports or cultural institution for which he/she receives remuneration in the country, or comes to perform a remunerated activity for a seasonal period by virtue of inter-institutional agreements entered into with foreign entities, to remain in national territory for an uninterrupted period of no more than one hundred and eighty days, counted from the date of entry.
III. REGIONAL VISITOR. Authorizes foreign nationals or residents of neighboring countries to enter the border regions with the right to enter and leave the same as many times as they wish, without their stay exceeding seven days and without permission to receive remuneration in the country.
Amended paragraph DOF 19-05-2017
By means of administrative provisions, the Secretariat will establish the validity of the authorizations and the municipalities and states that make up the border regions, for purposes of granting the status of regional visitor stay.
IV. BORDER WORKER VISITOR. Authorizes the foreigner who is a national of the countries with which the United Mexican States share territorial limits, to remain for up to one year in the states determined by the Secretariat. The border worker visitor will have permission to work in exchange for remuneration in the country, in the activity related to the job offer he/she has and with the right to enter and leave the national territory as many times as he/she wishes.
V. VISITOR FOR HUMANITARIAN REASONS. This condition of stay will be authorized to foreigners who are in any of the following situations:
a) To be an offended party, victim or witness of a crime committed in national territory.
For the purposes of this Law, without prejudice to the provisions of other applicable legal provisions, the person who is the passive subject of the criminal conduct shall be considered the offended party or victim, regardless of whether the perpetrator is identified, apprehended, prosecuted or convicted, and regardless of the family relationship between the perpetrator and the victim.
The offended party, victim or witness of a crime who is authorized the status of Visitor for Humanitarian Reasons, will be authorized to remain in the country until the conclusion of the process, at the end of which they must leave the country or request a new status of stay, with the right to enter and leave the country as many times as they wish and with permission to work in exchange for remuneration in the country. Subsequently, they may apply for permanent resident status;
b) Be a migrant child or adolescent, in terms of Article 74 of this Law.
The authorization of the status of stay for humanitarian reasons must be immediate and may not be denied or conditioned upon the presentation of any documentation or the payment of fees.
This condition of stay will be granted as a temporary measure while the Procuraduría de Protección determines the plan for the restitution of rights under the terms established in the General Law on the Rights of Children and Adolescents.
The issuance of the migratory document with such authorization must contain the CURP assigned by the competent authority and expressly state the humanitarian reason in question.
In the case of accompanied and separated children and adolescents, the authorization of this condition of stay will benefit jointly and severally the adult person in charge of their care.
The Institute may deny the granting of authorization to those adults whom the Procuraduría de Protección has determined to be contrary to the best interests of the child or adolescent in question.
Subsection amended DOF 11-11-2020
c) Be an applicant for political asylum, recognition of refugee status or complementary protection from the Mexican State, until such time as their immigration status is resolved. If the request is positive, they will be granted the status of permanent resident, in terms of article 54 of this Law.
The Secretariat may also authorize the status of visitor for humanitarian reasons to foreigners who are not included in the above cases, when there is a humanitarian cause or of public interest that makes necessary their internment or regularization in the country, in which case they will have permission to work in exchange for remuneration.
VI. VISITOR FOR ADOPTION PURPOSES. It authorizes the foreigner linked to an adoption process in the United Mexican States, to remain in the country until the enforceable resolution is dictated and in its case, the new record of the adopted child or adolescent is registered in the civil registry, as well as the respective passport is issued and all the necessary procedures to guarantee the exit of the child or adolescent from the country. The issuance of this authorization will only proceed with respect to citizens of countries with which the United Mexican States has signed an agreement on the matter.
VII. TEMPORARY RESIDENT. Authorizes the foreigner to remain in the country for a period not exceeding four years, with the possibility of obtaining a permit to work in exchange for remuneration in the country, subject to an offer of employment with the right to enter and leave the national territory as many times as desired and with the right to the preservation of the family unit for which he/she may enter with or subsequently request the internment of the persons indicated below, who may reside regularly in the national territory for the duration of the temporary resident's permit:
a) Children of the temporary resident and children of the spouse, common-law spouse or common-law spouse, as long as they are children and adolescents and have not been married, or are under their guardianship or custody;
b) Spouse;
c) Concubine, concubine or equivalent figure, proving such legal situation in accordance with the assumptions set forth in Mexican law, and
d) Father or mother of the temporary resident.
The persons referred to in the preceding paragraphs shall be authorized to reside regularly in the national territory under the condition of temporary resident status, with the possibility of obtaining a permit to work for remuneration in the country subject to an offer of employment, and with the right to enter and leave the national territory as often as they wish.
In the event that the temporary resident has an offer of employment, he/she will be granted permission to work for remuneration in the country, in the activity related to such offer of employment.
Foreigners who are granted the status of temporary residents may introduce their personal property in the manner and under the terms determined by the applicable legislation.
VIII. TEMPORARY RESIDENT STUDENT. Authorizes the foreigner to remain in the national territory for the duration of the courses, studies, research or training projects that he/she accredits that he/she is going to carry out in educational institutions belonging to the national educational system, until obtaining the corresponding certificate, certificate, diploma, title or academic degree, with the right to enter and leave the national territory as many times as he/she wishes, with permission to carry out remunerated activities in the case of higher level studies, postgraduate studies and research.
The authorization for the stay of students is subject to the presentation by the foreigner of the letter of invitation or acceptance from the corresponding educational institution and must be renewed annually, for which the foreigner must prove that the conditions required for the issuance of the initial authorization still exist. The authorization to perform remunerated activities will be granted by the Institute when there is a letter of conformity from the corresponding educational institution and will be subject to a job offer in activities related to the subject of his/her studies. The temporary resident student will have the right to enter and leave the national territory as many times as he/she wishes and will also have the right to the preservation of the family unit, for which reason he/she may enter with or subsequently request the entry of the persons indicated in the previous section.
IX. PERMANENT RESIDENT. Authorizes the foreigner to remain in the national territory indefinitely, with permission to work in exchange for remuneration in the country.
Article 53 . Visitors, with the exception of those for humanitarian reasons and those who are related to a Mexican or foreigner with regular residence in Mexico, may not change their status of stay and must leave the country at the end of the authorized period of stay.
Article 54 . The status of permanent resident shall be granted to the foreigner who is located in any of the following cases:
I. For reasons of political asylum, recognition of refugee status and complementary protection or for the determination of statelessness, upon compliance with the requirements established in this Law, its Regulations and other applicable legal provisions;
II. For the right to the preservation of the family unit in the cases of Article 55 of this Law;
III. That they are retirees or pensioners who receive from a foreign government or international organizations or private companies for services rendered abroad, an income that allows them to live in the country;
IV. By decision of the Institute, in accordance with the points system established for such purpose, in terms of Article 57 of this Law;
V. Because four years have elapsed since the foreigner has held a temporary residence permit;
VI. For having children of Mexican nationality by birth, and
VII. For being an ascendant or descendant in a straight line up to the second degree of a Mexican citizen by birth.
Foreigners who are granted permanent resident status will have the possibility of obtaining a permit to work for pay in the country subject to an offer of employment, and with the right to enter and leave the national territory as many times as they wish.
Likewise, permanent residents may introduce their personal property, in the manner and terms determined by the applicable legislation.
Matters related to the recognition of refugee status, the granting of complementary protection and the determination of statelessness shall be governed by the provisions of international treaties and conventions to which the Mexican State is a party and other applicable laws.
Article 55 . Permanent residents shall have the right to preserve the family unit, for which reason they may enter with or subsequently request the entry of the following persons, who may reside in the national territory under the same condition of stay and with the prerogatives indicated in the previous article:
I . Parent of the permanent resident;
II . Spouse, who will be granted temporary resident status for two years, after which he/she may obtain permanent resident status, as long as the marital relationship subsists;
III . Concubine, concubine, or equivalent figure who will be granted the status of temporary resident for two years, after which he/she may obtain the status of permanent resident, as long as the concubinage subsists;
IV . Children of the permanent resident and the children of the spouse or common-law spouse, as long as they are children and adolescents and have not been married, or are under their guardianship or custody, and
V . Siblings of the permanent resident, as long as they are children and adolescents and have not married, or are under their legal representation.
For the exercise of the right enshrined in this article of persons who are granted political asylum or obtain recognition of refugee status, the provisions of international treaties to which the Mexican State is a party and other applicable legislation shall be complied with.
Amended paragraph DOF 30-10-2014
Article 56 . Mexicans shall have the right to the preservation of the family unit for which they may enter with or subsequently request the entry of the following foreign persons:
I. Parent;
II. Spouse, who will be granted temporary resident status for two years, after which he/she may obtain permanent resident status, as long as the marital relationship subsists;
III. Cohabitant or common-law spouse, proving such legal situation in accordance with the assumptions set forth in Mexican civil legislation, who will be granted the status of temporary resident for two years, after which time he/she may obtain the status of permanent resident, provided that the cohabitation subsists;
IV. Children born abroad, when in accordance with Article 30 of the Constitution they are not Mexican;
V. Children of the foreign spouse, concubine or concubine, as long as they are children and adolescents and have not been married, or are under their legal representation, and
VI. Siblings, as long as they are children and adolescents and have not married, or are under their legal representation.
Article 57 . The Secretariat may establish by means of general administrative provisions to be published in the Official Gazette of the Federation, a system of points so that foreigners may acquire permanent residence without complying with the four years of previous residence. Foreigners who enter the national territory through the points system will have a work permit and will be entitled to the preservation of the family unit, for which reason they may enter with or subsequently request the entry of the persons indicated in Article 55 of this Law.
The Secretariat, through the Points System, will allow foreigners to acquire permanent residence in the country. Such system must consider at least the following:
I. The criteria for entry through the points system, taking into account the provisions of Article 18, Section II of this Law for the establishment of quotas for the entry of foreigners into the national territory;
II. The applicant's capabilities, taking into account, among other aspects, educational level; work experience; aptitudes in areas related to the development of science and technology; international recognitions, as well as the aptitudes to develop activities required by the country, and
III. The procedure to apply for admission by such means.
Article 58 . Foreigners have the right to have the immigration authorities issue the documentation that proves their regular immigration status once the requirements established in this Law and its Regulations have been met. When the documentation issued by the immigration authorities does not contain a photograph, the foreigner must additionally show his passport or valid identity and travel document.
Article 59 . Temporary and permanent residents, with the exception of those who request political asylum, recognition of refugee status or statelessness, will have a period of thirty calendar days from their entry into national territory to apply to the Institute for the corresponding residence card, which will remain in force for the time that the stay has been authorized. With this card they will accredit their regular migratory situation in national territory while it is in force.
Applicants for political asylum, recognition of refugee status, who are determined to be stateless or who are granted complementary protection, will obtain their permanent residence card at the conclusion of the corresponding procedure.
Once the residence card is obtained, temporary and permanent residents will have the right to obtain the Clave Única de Registro de Población (Unique Population Registry Code) from the Secretariat.
The requirements and procedures for obtaining the corresponding residence card will be established in the Regulations.
Article 60 . Foreigners, regardless of their status of stay, by themselves or by proxy, may, without requiring permission from the Institute, acquire fixed or variable income securities and make bank deposits, as well as acquire urban real estate and rights in rem thereon, subject to the restrictions set forth in Article 27 of the Constitution and other applicable provisions.
Article 61 . No foreigner may have two conditions of stay simultaneously.
Article 62 . Foreigners who are authorized to stay as temporary residents may request the Institute to authorize the change of their status of stay, subject to compliance with the requirements established in the Regulations.
Article 63 . The National Register of Foreigners is made up of information on all those foreigners who acquire the status of temporary resident or permanent resident.
Foreigners will have the obligation to inform the Institute of any change of marital status, change of nationality to a nationality other than the one they entered, domicile or place of work within ninety days after such change occurs.
Article 64 . The Institute shall cancel the status of temporary or permanent resident, for the following causes:
I. Manifestation of the foreigner that his departure is definitive;
II. Authorization to the foreigner of another condition of stay;
III. Providing false information or exhibiting before the Institute official documentation that is apocryphal or legitimate but has been fraudulently obtained;
IV. The foreigner loses his status of stay for the other causes established in this Law;
V. The foreigner loses the recognition of his refugee status or complementary protection, in accordance with the applicable legal provisions, and
VI. When his or her background in Mexico or abroad compromises national security or public safety.
Reformed fraction DOF 07-01-2021
Article 65 . Foreigners must prove their regular immigration status in the country, in legal acts in which the intervention of notaries public, those who replace them or take their place, in matters related to real estate, and commercial brokers, is required.
In accordance with the provisions of Article 27 of the Constitution, the Foreign Investment Law and other applicable laws and regulations, foreigners must formulate the corresponding waivers.
TITLE FIVE
PROTECTION OF MIGRANTS TRANSITING THROUGH NATIONAL TERRITORY
SINGLE CHAPTER
GENERAL PROVISIONS
Article 66 . The migratory status of a migrant shall not prevent the exercise of his or her rights and freedoms recognized in the Constitution, in the international treaties and conventions to which the Mexican State is a party, as well as in this Law.
The Mexican State shall guarantee the right to personal security of migrants, regardless of their immigration status.
Article 67 . All migrants in an irregular migratory situation have the right to be treated without discrimination and with due respect for their human rights.
Article 68 . The presentation of migrants in an irregular migratory situation may only be carried out by the Institute in the cases provided for in this Law; it must be recorded in minutes and may not exceed the term of 36 hours counted from the time they are placed at the Institute's disposal.
During the migratory administrative procedure that includes the presentation, accommodation in the migratory stations or in the Social Assistance Centers in the case of migrant children and adolescents, assisted return and deportation, the public servants of the Institute must respect the rights recognized to migrants in an irregular migratory situation established in Title Six of this Law.
Amended paragraph DOF 11-11-2020
Article 69 . Migrants who are in an irregular migratory situation in the country shall have the right that the migratory authorities, at the time of their presentation, provide them with information about:
I. Their rights and guarantees in accordance with the provisions of the applicable legislation and international treaties and conventions to which the Mexican State is a party;
II. The reason for its presentation;
III. The requirements established for admission, their rights and obligations in accordance with the provisions of the applicable legislation;
IV. The immediate notification of his presentation by the immigration authority to the consulate of the country of which he claims to be a national, except in the case that the foreigner could access political asylum or recognition of refugee status;
V. The possibility of regularizing their migratory situation, in terms of the provisions of Articles 132, 133 and 134 of this Law, and
VI. The possibility of constituting a guarantee under the terms of Article 102 of this Law.
Article 70 . Every migrant has the right to be assisted or legally represented by the person he/she designates during the administrative migration procedure. The Institute may enter into such collaboration agreements as may be required and shall establish facilities for civil society organizations to offer legal advice and representation services to migrants in an irregular migratory situation to whom an administrative migratory procedure has been initiated.
During the administrative immigration procedure, migrants will have the right to due process, which consists of having the procedure conducted by a competent authority; the right to offer evidence and plead their case, to have access to the records of the administrative immigration file; to have a translator or interpreter to facilitate communication, in case they do not speak or understand Spanish; and to have the authority's resolutions duly grounded and motivated.
Article 71 . The Secretariat shall create groups for the protection of migrants who are in national territory, whose purpose shall be the promotion, protection and defense of their rights, regardless of their nationality or migratory situation.
The Secretariat will enter into collaboration and coordination agreements with the agencies and entities of the Federal Public Administration, of the federal entities or municipalities, with civil society organizations or with individuals, so that they may participate in the installation and operation of migrant protection groups.
In the case of migrant children and adolescents, the agreements shall be governed by the provisions of this Law, the General Law on the Rights of Children and Adolescents and other applicable provisions.
Article amended DOF 11-11-2020
Article 72 . The Secretariat shall enter into agreements with agencies and entities of the Federal Government, of the federal entities and of the municipalities to implement actions aimed at cooperating with humanitarian acts, assistance or protection of migrants carried out by legally constituted civil society organizations.
Article 73 . The Secretariat shall implement actions to provide adequate attention to migrants who, due to different factors or a combination of them, face situations of vulnerability, such as children and adolescents, women, victims of crimes, persons with disabilities and the elderly.
For this purpose, the Secretariat may establish coordination agreements with agencies and entities of the Federal Public Administration, of the federal entities, municipalities or territorial districts and with civil society organizations specialized in the care of people in vulnerable situations.
In the case of migrant children and adolescents, differentiated care shall be provided regardless of their immigration status, and may not be conditioned or restricted to the initiation, suspension or continuity of any administrative or judicial proceedings. Such care shall be provided in accordance with the provisions of the General Law on the Rights of Children and Adolescents, its Regulations and other applicable provisions.
Article amended DOF 11-11-2020
Article 74 . While the Office of the Attorney General for Protection determines the best interests of the child or adolescent and submits the Rights Restitution Plan to the Institute, any child or adolescent shall be documented as a Visitor for Humanitarian Reasons, in terms of Article 52, section V, of this Law, and shall receive protection in accordance with the provisions of the General Law on the Rights of Children and Adolescents, its regulations and other applicable provisions.
The validity of this authorization will be extended until the administrative migratory act that dictates the special protection measures is finalized.
In no case may the immigration authority return, expel, deport, return, reject at the border or not admit a child or adolescent without the competent authority first assessing whether his or her life, liberty or safety is in danger. For this purpose, the immigration authority in contact with the child or adolescent must notify the Office of the Attorney General for Protection immediately.
Article amended DOF 11-11-2020
Article 75 . The Secretariat shall enter into collaboration agreements with agencies and entities of the Federal Government, of the federal entities and of the municipalities for the purpose of establishing coordination actions in matters of prevention, prosecution, combat and attention to migrants who are victims of crime.
Article 76 . The Institute may not conduct migration verification visits in places where migrants are sheltered by civil society organizations or persons carrying out humanitarian acts, assistance or protection of migrants.
SIXTH TITLE
OF THE MIGRATORY ADMINISTRATIVE PROCEDURE
CHAPTER I
COMMON PROVISIONS IN THE FIELD OF MIGRATION VERIFICATION AND REGULATION
Article 77 . The administrative immigration procedure shall be governed by the provisions contained in this Title, in the Regulations and in the general administrative provisions issued by the Secretariat, and in supplementary form by the Federal Law of Administrative Procedure. During its substantiation, the human rights of migrants shall be fully respected.
Article 78 . The interested parties may request a certified copy of the promotions and documents that have been submitted in the migratory administrative procedure and of the resolutions that may result therefrom, which shall be delivered within a term not exceeding fifteen working days.
The foregoing is without prejudice to the provisions of the Federal Law of Transparency and Access to Public Governmental Information regarding reserved and confidential information.
Article 79 . The Institute may obtain the means of proof it deems necessary for a better provision, with no other limitations than those established in this Law.
In the case of proceedings in which a child or adolescent is directly or indirectly involved, the Institute shall implement the corresponding migratory measures to assist in the compliance and implementation of the plan for the restitution of rights issued by the Office of the Attorney General for Protection.
Article amended DOF 11-11-2020
Article 80 . In exercising its powers of control, verification and immigration review, the Institute shall consult and inform the authorities responsible for National Security on the presentation or identification of subjects who have links with terrorism or organized crime, or any other activity that puts National Security at risk and shall, in addition, cooperate in the investigations required by such authorities.
CHAPTER II
OF MIGRATION CONTROL
Article 81 . Immigration control actions are the review of documentation of persons who intend to enter or leave the country, as well as the inspection of the means of transportation used for such purposes. In such actions, the Federal Police will act in assistance and coordination with the Institute.
The Institute may carry out its immigration control functions in places other than those destined for the international transit of persons by sea and air, at the express, duly founded and motivated request of the Ministry of Communications and Transportation.
Article 82 . The personnel of the Institute has priority, with the exception of the health service, to inspect the entry or exit of persons in whatever form they do so, whether in national or foreign, maritime, air or land means of transportation, at ports, borders and airports.
Article 83 . No maritime transport passenger or crew member may disembark before the Institute carries out the corresponding inspection.
Article 84 . No air or maritime transport in international transit may leave airports or ports before the departure inspection is carried out by the Institute and the authorization for its dispatch has been received from them.
Article 85 . Official aircraft of foreign governments and those of international organizations entering the country on official business, as well as the officials of such governments or organizations, their families and employees, and those persons on board such aircraft who, in accordance with the laws, treaties and international agreements to which the Mexican State is a party, enjoy immunities, are exempt from inspection.
In accordance with international custom, officials of foreign governments and international organizations on official business will be granted the necessary facilities to enter the country, complying with immigration control requirements.
Article 86 . The foreigner whose internment is rejected by the Institute for not complying with the requirements established in Article 37 of this Law, shall leave the country at the expense of the company that transported him, without prejudice to the corresponding sanctions in accordance with this Law.
The rejection referred to in the preceding paragraph, is the determination adopted by the Institute in the immigration review filters located in the places destined for the international transit of persons by land, sea and air, by which the regular internment of a person to national territory is denied for not complying with the requirements established in this Law, its Regulations and other applicable legal provisions.
In the case of maritime transport, when it is determined that the foreigner has been rejected, his disembarkation will not be authorized. When it is materially impossible for the vessel to leave the national territory, the foreigner shall be presented and shall proceed to his immediate departure from the country at the expense of the shipping company.
Article 87 . When the immigration authorities notice any irregularity in the documentation presented by a person who intends to enter the national territory, or does not meet the requirements of this Law or has any legal impediment, a second review shall be carried out.
Article 88 . In the event that the Institute determines the rejection of the foreigner, a written record shall be drawn up stating the grounds for inadmissibility to the country of the person in question.
Article 89 . The places destined for the international transit of persons by land, sea and air shall have adequate spaces for the temporary stay of such persons while their entry is authorized, or while any rejection is resolved, in accordance with the applicable legal provisions.
Article 90 . No international transit maritime transport shall be allowed to be visited without the prior authorization of the sanitary authorities and the Institute's personnel.
Article 91 . Transportation companies shall be financially liable for the violations of this Law and its Regulations committed by their employees, agents or representatives, without prejudice to the direct liability incurred by them.
CHAPTER III
OF IMMIGRATION VERIFICATION
Article 92 . The Institute will conduct verification visits to verify that foreigners who are in national territory comply with the obligations set forth in this Law and its Regulations.
The circumstances for the Institute to carry out a verification visit are as follows:
I. Confirm the veracity of the data provided in immigration proceedings;
II. When it is noticed that the validity of the stay of foreigners in the country has expired, and
III. To obtain the necessary elements for the application of this Law, its Regulations and other applicable legal provisions, provided that he/she substantiates and gives reasons for his/her actions.
The power to conduct verification visits will be exercised ex officio because it is a matter of public order.
The order ordering the immigration verification shall be issued by the Institute and shall specify the person in charge of the procedure and the personnel assigned to carry it out, the place or area to be verified, the purpose of the verification, the scope it should have and the applicable legal provisions on which it is based and the reasons for it.
Article 93 . The Institute shall request information from the Public Prosecutor's Office on the complaints filed against foreigners for the alleged commission of crimes, only for the purposes of immigration control, verification or review.
When individuals file complaints before it, it shall inform the individuals that it is not the competent authority to know and shall immediately send the individual to the competent authority to file the corresponding complaint.
Article amended DOF 13-04-2020
Article 94 . Foreigners, when required by the Institute, must prove their regular immigration status in the country, under the terms set forth in this Law and its Regulations.
Article 95 . If during the verification visit it is detected that a foreigner does not have documents proving his regular immigration status in the country, the foreigner shall be placed at the disposal of the Institute to resolve his immigration status, in accordance with the terms set forth in Chapter V of this Title.
Apart from the cases referred to in the preceding paragraph, the record drawn up for this purpose shall contain the information necessary for the alien to be summoned to continue the procedure in question.
In the event of detecting migrant children or adolescents, the immigration authority shall, in cooperation, immediately notify the Office of the Attorney General for Protection and channel them to the corresponding DIF System. In no case shall the presentation of a child or adolescent be carried out, nor shall the Administrative Migration Procedure be initiated prior to such notification. The Institute will issue a referral report stating the notification to the Office of the Attorney General for Protection and the referral of the child or adolescent to the DIF System.
Paragraph added DOF 11-11-2020
The presentation of the foreign person in whose care the children or adolescents are present during the verification will be postponed until such time as the Office of the Attorney General for the Protection of Children and Adolescents is present and the corresponding official letter of referral of the case of the children or adolescents in question to the Office of the Attorney General is issued.
Paragraph added DOF 11-11-2020
If the verification visit determines the presentation of a foreigner and he/she declares the existence of children or adolescents in his/her care, who as a result of the presentation of the person before the Institute, could be left in distress, the immigration authorities must take all the relevant information and immediately notify the Office of the Attorney General for Protection so that it may proceed in accordance with the General Law on the Rights of Children and Adolescents.
Paragraph added DOF 11-11-2020
Article 96 . The authorities shall collaborate with the Institute for the exercise of its functions, when so requested by the latter, without this implying that they may independently perform immigration control, verification and review functions.
CHAPTER IV
OF THE IMMIGRATION REVIEW
Article 97 . In addition to the established places for the international transit of persons, the Institute may carry out immigration checks within the national territory in order to verify the immigration status of foreigners.
The order ordering the immigration review must be founded and motivated; be issued by the Institute and specify the person in charge of the procedure and the personnel assigned to carry it out; the duration of the review and the geographic area or place where it will be carried out.
Article 98 . If on the occasion of the immigration review it is detected that a foreigner does not have documents proving his regular immigration status in the country, it shall proceed in accordance with the terms of Article 100 of this Law.
In the event of detecting migrant children or adolescents, the immigration authority shall, in cooperation, immediately notify the Office of the Attorney General for Protection and channel them to the corresponding DIF System. In no case shall the presentation of a child or adolescent be carried out, nor shall the Administrative Migration Procedure be initiated prior to such notification. The Institute will issue a referral report stating the notification to the Office of the Attorney General for Protection and the referral of the child or adolescent to the DIF System.
The presentation of the foreign person in whose care children or adolescents are present during the immigration review, will be postponed until such time as the Office of the Attorney General for Protection is present and the corresponding official letter of referral of the case of the children or adolescents in question to the Office of the Attorney General is issued.
If the immigration review determines the presentation of a foreigner and he/she declares the existence of children or adolescents in his/her care, who as a result of the presentation of the person before the Institute, could be left in distress, the immigration authorities must take all the relevant information and immediately notify the Office of the Attorney General for Protection so that it may proceed in accordance with the General Law on the Rights of Children and Adolescents.
Article amended DOF 11-11-2020
CHAPTER V
OF THE PRESENTATION OF FOREIGNERS
Article 99 . It is of public order the presentation of adult foreigners in migratory stations or in places authorized for this purpose, while their migratory situation in the national territory is being determined.
The presentation of foreigners is the measure issued by the Institute by means of which the temporary accommodation of an adult foreigner who does not prove his immigration status is agreed upon for the regularization of his stay or assistance for his return.
In no case shall the Institute present or house migrant children or adolescents in migrant stations or in places authorized for this purpose.
The presentation of adults under the care of migrant children or adolescents should be avoided, taking into account the principle of family unity and the best interests of children and adolescents.
Article amended DOF 11-11-2020
Article 100 . When a foreigner is placed at the disposal of the Institute, as a result of verification or immigration review proceedings, and any of the circumstances set forth in Article 144 of this Law are met, the corresponding submission agreement shall be issued within twenty-four hours following the placement at the disposal of the foreigner.
Article 101 . Once the presentation agreement has been issued, and until a decision is issued regarding the immigration status of the foreigner, in the cases and in accordance with the requirements set forth in the Regulations, the foreigner may be delivered in custody to the diplomatic representation of the country of which he is a national, or to a moral person or institution of recognized solvency whose purpose is linked to the protection of human rights, with the obligation of the foreigner to remain in a domicile located in the territorial circumscription where the immigration station is located, in order to give due follow-up to the immigration administrative procedure.
Article 102 . The foreigner subject to an administrative procedure, in order to achieve his regular stay in the country, while a final resolution is issued, may:
a) To grant sufficient guarantee and to the satisfaction of the authority;
b) Establish domicile or place of residence;
c) Not to be absent from the same without prior authorization from the authority, and
d) Submit an application with a responsiva signed by a Mexican citizen or social organization.
The guarantee may be constituted in the form of a surety bond, deposit ticket or by any other means permitted by law.
Article 103 . The judicial authorities must inform the Institute of the affiliation of the foreigner who is subject to precautionary measures or precautionary measures, or who is subject to a production order, arrest warrant or committal order, at the time they are issued, informing of the crime for which they are allegedly responsible.
In the case of an indictment and a final judgment of conviction or acquittal, the Institute must be notified within twenty-four hours after it is issued.
Article 104 . Once the sentence referred to in the preceding article has been complied with, the competent judicial or administrative authority shall immediately place the foreigner with the medical certificate stating his physical condition, at the disposal of the Institute for the resolution of his immigration status, under the terms provided in Chapter V of this Title.
Article 105 . In the transfer of foreigners presented or in the process of voluntary return, the Institute may request the support of the Federal Police in accordance with Article 96 of this Law and other applicable legal provisions.
CHAPTER VI
OF THE RIGHTS OF THOSE HOUSED IN IMMIGRATION STATIONS
Article 106 . For the presentation of migrants, the Institute shall establish migratory stations or set up temporary stays in such places of the Republic as it deems appropriate.
A number of migrants that exceeds the physical capacity of the assigned migratory station shall not be accommodated. In no case may incarceration, preventive detention or execution of sentences centers, or any other property that does not comply with the characteristics, or provide the services described in the following article, be enabled as migrant stations.
Article 107 . Migratory stations shall comply with at least the following requirements:
I. Provide medical, psychological and legal assistance services;
II. Attend to the food requirements of the foreigner presented, offering three meals a day. The Institute shall supervise that the quality of the food is adequate. Persons with special nutritional needs, such as senior citizens and pregnant women, will receive an adequate diet, so that their health is not affected while their immigration status is being defined.
Amended paragraph DOF 11-11-2020
Likewise, when required by the medical treatment prescribed for the patient, special diets will be authorized. The same will be done with those persons who, for religious reasons, request it;
III. To keep men and women in separate places and with measures that ensure the physical integrity of foreigners;
Reformed fraction DOF 11-11-2020
IV. Promote the right to the preservation of the family unit;
V. To guarantee respect for the human rights of the foreigner presented;
VI. Maintain adequate facilities to avoid overcrowding;
VII. To have spaces for sports and cultural recreation;
VIII. Allow access to legal representatives, or person of their trust and consular assistance;
IX. Allow the visit of persons who comply with the requirements established in the applicable legal provisions. In case of denial of access, this must be delivered in writing, duly grounded and motivated, and
X. Any others established in the Regulations.
The Institute shall facilitate the verification by the National Human Rights Commission of compliance with the requirements set forth in this article, and the access of civil society organizations, in accordance with the provisions of the applicable legal provisions.
Article 108 . In order to achieve harmonious coexistence and preserve the safety of foreigners housed in immigration stations, order and discipline shall be maintained in accordance with the administrative provisions issued by the Secretariat and respecting their human rights at all times.
Article 109 . Every person presented, if applicable, shall have the following rights from the moment he/she enters the immigration station:
I. To know the location of the immigration station where he/she is housed, the applicable rules and the services to which he/she will have access;
II. Be informed of the reason for their admission to the immigration station; of the immigration procedure; of their right to request recognition of refugee status or determination of statelessness; of the right to regularize their stay in terms of Articles 132, 133 and 134 of this law, if applicable, of the possibility of voluntarily requesting assisted return to their country of origin; as well as of the right to file an effective appeal against the resolutions of the Institute;
III. Receive protection from and communicate with his consular representation. In the event that the foreigner wishes to receive the protection of his consular representation, he shall be provided with the means to communicate with it as soon as possible;
IV. Receive in writing their rights and obligations, as well as the instances where they can present their complaints and grievances;
V. That the procedure be conducted by a competent authority and the right to receive legal advice, offer evidence and plead what is convenient to their rights, as well as to have access to the records of the migratory administrative file;
VI. Have a translator or interpreter to facilitate communication, in case you do not speak or understand Spanish;
VII. Access to telephone communication;
VIII. To receive during their stay a dignified space, food, basic personal hygiene items and medical attention if necessary;
IX. To be visited by his relatives and by his legal representative;
X. Participate in recreational, educational and cultural activities organized within the facilities;
XI. Not to be discriminated against by the authorities because of ethnic or national origin, sex, gender, age, disability, social or economic condition, health status, pregnancy, language, religion, opinions, sexual preferences, marital status or any other circumstance that is intended to prevent or nullify the recognition or exercise of rights and real equality of opportunity of persons;
XII . Receive dignified and humane treatment throughout their stay at the Migration Station;
XIII. That the Migration Stations have separate areas of stay for women and men, guaranteeing at all times the right to the preservation of family unity, and
Reformed fraction DOF 11-11-2020
XIV. Others established in general provisions issued by the Secretariat.
Section amended DOF 03-07-2019. Amended and amended DOF 11-11-2020.
Reform DOF 11-11-2020: Deleted from the article the then section XIV.
Article 110 . The security, surveillance and custody personnel performing their duties in the women's dormitories shall be exclusively female.
Article 111 . The Institute shall resolve the immigration status of the foreigners presented within a term no longer than 15 working days, counted as of their presentation.
Amended paragraph DOF 12-07-2018
Lodging in the migrant stations may only exceed the 15 working days referred to in the preceding paragraph when any of the following events occur:
I . That there is no reliable information on their identity and/or nationality, or there is difficulty in obtaining identity and travel documents;
II . That the consulates or consular sections of the country of origin or residence require more time for the issuance of identity and travel documents;
III . That there is an impediment to transit through third countries or an obstacle to establish the travel itinerary to the final destination;
IV . If there is a medically accredited physical or mental illness or disability that makes it impossible for the migrant to travel, and
V . That an administrative or judicial appeal has been filed claiming issues inherent to their migratory situation in national territory; or that an amparo trial has been filed and there is an express prohibition by the competent authority for the foreigner to be transferred or to leave the country.
In the cases of sections I, II, III and IV of this article, the lodging of foreigners in the immigration stations may not exceed 60 working days.
Once this period has elapsed, the Institute will grant them the status of visitor with permission to receive remuneration in the country, as long as the circumstance for which they were granted such status of stay subsists. Once this period has expired, the Institute must determine the immigration status of the foreigner.
CHAPTER VII
OF THE PROCEDURE FOR THE CARE OF PERSONS IN A SITUATION OF VULNERABILITY
Article 112 . When a child or adolescent is placed at the disposal of the Institute, he/she will remain under its full responsibility until the immediate notification to the Office of the Attorney General for Protection and the channeling to the corresponding DIF System, and respect for his/her human rights must be guaranteed, particularly subject to the following:
I. Regarding the safety and care of children and adolescents, the Institute shall immediately place them at the disposal of the National DIF System or its equivalent in the different states, municipalities or territorial districts and notify the case to the Office of the Attorney General for Protection, in order to proceed with their management in accordance with the provisions of the General Law on the Rights of Children and Adolescents.
As a precautionary measure, the Institute shall recognize all migrant children and adolescents as Visitors for Humanitarian Reasons, under the terms established in this Law and its Regulations.
The Institute will issue a record of the referral of the child or adolescent stating the notification to the Office of the Attorney General for Protection and the referral of the child or adolescent to the corresponding DIF System;
II. Regarding the determination and resolution of the administrative migratory situation of children and adolescents, the Institute shall initiate the administrative migratory procedure prior notification to the Office of the Attorney General for Protection for its timely intervention;
III. The Institute shall determine and resolve the corresponding administrative procedure, taking into account the determinations provided in the plan for the restitution of rights issued by the Office of the Attorney General for Protection.
In the event that the plan for the restitution of rights issued by the Office of the Attorney General for Protection recommends the permanence of the child or adolescent, the Institute may regularize him/her under the assumptions established in Articles 132, 133 and 134 of this Law, and he/she will have the right to the preservation of the family unit.
In the event that the rights restitution plan issued by the Office of the Attorney General for Protection stipulates the possibility of the child or adolescent leaving the country, the Institute will proceed with the assisted return and the corresponding Consulate will be notified of this situation, with sufficient time for the reception of the child or adolescent in his or her country of nationality or residence.
The assisted return of the migrant child or adolescent to his or her country of nationality or residence shall be carried out taking into account the best interests of the child or adolescent and his or her situation of vulnerability, with full respect for his or her human rights and with the intervention of the competent authority of the country of nationality or residence.
All transfers and assisted returns must be accompanied by personnel specialized in children's issues.
In the case of an unaccompanied national child or adolescent, the National System for the Integral Development of the Family, in coordination and cooperation with the corresponding State DIF and Mexico City systems, shall be responsible for ensuring the effective assisted return of the child or adolescent to his or her adult relatives or adults under whose care he or she is usually found, whether by law or by custom, taking into account at all times the best interests of the child or adolescent and his or her situation of vulnerability, considering the causes of his or her migration: family reunification, in search of employment, domestic violence, violence and social insecurity, among others;
IV. The child or adolescent shall be informed in clear language and in accordance with their age and maturity of the implications of the referral to the DIF System, the notification of their case to the Office of the Attorney General for Protection, the administrative process of migration, their rights and the process of return to their country or community of origin, in the case of repatriated national children and adolescents;
V. The child or adolescent will be put in contact with the consulate of his or her country, unless in the opinion of the Institute or at the request of the child or adolescent he or she could be granted political asylum, recognition of refugee status, or indications of need for international protection are identified, in which case the consular representation will not be contacted.
In these cases, in addition to the Procuraduría de Protección, the Institute must notify the Mexican Commission for Refugee Assistance immediately.
In appropriate cases, the consulate of the country of nationality or residence of the child or adolescent will be notified of the referral to the DIF System and the notification to the Office of the Attorney General for Protection, including the contact information for both cases;
VI. Personnel of the Institute, specialized in child protection, trained in the rights of children and adolescents, may interview them for the sole purpose of knowing their identity, their country of nationality or residence, their migratory situation, the whereabouts of their relatives and their particular needs for protection, medical and psychological care. Such information will be shared with the DIF Systems and the Federal Attorney General's Office under the terms established by the General Law on the Rights of Children and Adolescents and its Regulations.
A representative of the National Human Rights Commission may be present at these interviews, without prejudice to the powers that correspond to the legal representative or trusted person of the child or adolescent.
Article reformed DOF 04-06-2013, 09-11-2017, 11-11-2020
Article 113 . In the case of foreigners who are pregnant women, elderly adults, persons with disabilities, and indigenous persons. Or, victims or witnesses of serious crimes committed in national territory whose emotional state does not allow them to make a decision as to whether they wish to return to their country of origin or remain in national territory, the Institute will take the appropriate measures so that if they so require, their stay in specialized public or private institutions that can provide them with the care they require will be privileged.
In the event that the foreign victims of crime have a regular migratory situation in the country or have been regularized by the Institute in terms of the provisions of this Law, the Institute may channel them to the specialized agencies for their due attention.
The procedure to be followed by the Institute for the detection, identification and care of foreigners who are victims of crime shall be regulated in the Regulations.
CHAPTER VIII
THE ASSISTED RETURN AND DEPORTATION OF FOREIGNERS WHO ARE IRREGULARLY PRESENT IN THE NATIONAL TERRITORY.
Article 114 . It is the exclusive responsibility of the head of the Federal Executive Power to expel from the national territory any foreigner whose stay is deemed undesirable, in accordance with the provisions of Article 33 of the Political Constitution of the United Mexican States.
Article 115 . The Institute shall have the mechanisms of assisted return and deportation to make the foreigner leave the national territory who did not observe the provisions contained in this Law and its Regulations.
Article 116 . The Secretariat in coordination with the Secretariat of Foreign Affairs may sign international instruments with agencies or bodies of other countries and with international organizations, in matters of assisted, safe, dignified, orderly and humane return of foreigners who are irregularly present in national territory, in accordance with the applicable legal provisions.
Article 117 . The Regulations shall establish the guidelines to be contained in the inter-institutional instruments referred to in the preceding article, as well as the provisions necessary for the regulation of this Chapter.
Article 118 . The benefit of assisted return may be requested, without prejudice to what is established in the inter-institutional instruments, by foreigners who are located in the following cases:
I. Are irregularly present in the national territory, at the disposition of the Institute, and
II. There is no legal restriction issued by a competent authority for them to leave the country.
In the event that the foreigner decides not to request the benefit of assisted return, he/she will proceed to his/her presentation, in accordance with the provisions of this Law.
Article 119 . The assisted return of persons over eighteen years of age who are irregularly present in national territory shall be carried out at the express request of the foreigner, and during the procedure, full respect for their human rights shall be guaranteed. Prior to the assisted return, the foreigner shall have the right to:
I. To be informed of his right to receive protection from his consular representation and to communicate with it. In the event that the foreigner wishes to receive the protection of his consular representation, he shall be provided with the means to communicate with it as soon as possible;
II. Receive information about the possibility of remaining in the country in a regular manner, as well as the assisted return procedure, including information about available legal remedies;
III. To notify their relatives, legal representative or person of their trust, whether in national territory or outside of it, for such purpose, they will be provided with the means to communicate with them as soon as possible;
IV. Have a translator or interpreter to facilitate communication, in case you do not speak or understand Spanish;
V. That the procedure be conducted by a competent authority and the right to receive legal advice, offer evidence and plead what is convenient to their rights, as well as to have access to the records of the migratory administrative file;
VI. That the Institute ascertains that the foreigner possesses the nationality or regular residence of the receiving country;
VII. To be transferred together with his personal effects; and
VIII. That in the event that the foreigner is rejected by the country of destination, he/she will be returned to the territory of the United Mexican States so that the Institute may define his/her immigration status.
Article 120 . In the assisted return procedure, the principles of preservation of family unity and special attention to persons in vulnerable situations shall be prioritized, ensuring that members of the same family travel together.
In the case of children and adolescents, pregnant women, victims or witnesses of crimes committed in national territory, persons with disabilities and the elderly, the assisted return procedure will be applied with the intervention of consular or immigration officials of the receiving country. Likewise, the following must be taken into consideration:
I. The best interest of children and adolescents to ensure their best protection, and
II. Their situation of vulnerability to establish the form and terms in which they will be transferred to their country of origin.
In the case of children and adolescents and victims or witnesses of crimes committed in Mexican territory, they will not be deported and, in accordance with their wishes or best interests to ensure their greater protection, they may be subject to the assisted return procedure or regularization of their immigration status.
Article amended DOF 11-11-2020
Article 121 . The foreigner who is subject to an administrative migration procedure of assisted return or deportation, shall remain presented at the immigration station, observing the provisions of Article 111 of this Law.
Assisted return and deportation may only be carried out to the country of origin or residence of the foreigner, except in the case of those who have requested political asylum or recognition of refugee status, in which case the principle of non-refoulement shall be observed.
Article 122 . In deportation proceedings, foreigners shall have the right to:
I. Be notified of the initiation of the immigration administrative procedure;
II. Receive protection from their consular representation and communicate with it, except in the case that they have requested political asylum or recognition of refugee status. In the event that the foreigner wishes to receive the protection of his consular representation, he shall be provided with the means to communicate with it as soon as possible;
III. To notify their relatives or a person of trust, whether in the national territory or outside of it, for such purpose the means to communicate with them as soon as possible will be provided;
IV. Receive information about the deportation procedure, as well as the right to file an effective appeal against the Institute's decisions;
V. To have a translator or interpreter to facilitate communication, in the event that he/she does not speak or understand Spanish, and
VI. Receive legal advice.
Article 123 . In any case, the Institute shall provide the necessary means of transportation for the transfer of foreigners to their country of origin or residence. Likewise, provision shall be made, if applicable, for the supply of drinking water and the necessary food during the journey, in accordance with the applicable legal provisions.
In the mechanisms contained in this chapter, foreigners must be accompanied by the Mexican immigration authorities, which must at all times respect the human rights of foreigners.
Article 124 . Foreigners who, as a result of the administrative migration procedure of assisted return, return to their country of origin or residence, shall be placed at the disposal of the competent authority in the receiving country, in the manner and terms agreed upon in the inter-institutional instruments entered into with the countries of origin.
Article 125 . Only in the event of an act of God or force majeure may the removal of foreigners requesting assisted return be temporarily suspended, and shall be resumed once the cause for the suspension has been overcome.
CHAPTER IX
OF THE MIGRATORY ADMINISTRATIVE PROCEDURE IN MIGRATORY REGULATION MATTERS
Article 126 . Applications for immigration procedures shall contain the data and requirements specified in the Law, the Regulations and other general administrative provisions.
Article 127 . The visa application must be submitted personally by the foreigner concerned at the consular offices, with the exception of cases of the right to preserve the family unit, offer of employment or humanitarian reasons, which may be processed in national territory, under the terms established in Article 41 of this Law.
Article 128 . The immigration authority shall issue a resolution on immigration procedures within a period not exceeding twenty working days from the date on which the applicant complies with all the formal requirements of this Law, its Regulations and other applicable administrative provisions. Once said term has elapsed without the resolution being issued, it will be understood that it is in a negative sense.
If the individual so requires, the authority will issue a certificate of such fact within two business days following the presentation of the request for the issuance of such certificate.
Article 129 . Applications for the issuance of visas submitted to consular offices shall be resolved within ten working days.
Article 130 . If the interested party does not comply with the requirements applicable to the immigration procedure requested, the immigration authority shall warn him in accordance with the provisions of the Federal Law of Administrative Procedure and shall grant him a period of ten working days from the date of notification of such prevention in order to correct the omitted requirements. In case the requirements are not corrected, the procedure will be rejected.
Article 131 . The reports or opinions necessary for the resolution of any immigration proceedings that are requested from other authorities must be issued within a period not exceeding ten calendar days. If the report or opinion is not received within such term, the Institute shall understand that there is no objection to the claims of the interested party.
Article 132 . Foreigners shall have the right to request the regularization of their immigration status, when they are in any of the following situations:
I. Lacking the necessary documentation to prove their regular immigration status;
II. That the documentation with which they prove their immigration status is expired, or
III. Who have ceased to satisfy the requirements by virtue of which they were granted a certain condition of stay.
Article 133 . The Institute may regularize the immigration status of foreigners who are located in national territory and express their interest to reside temporarily or permanently in national territory, provided they comply with the requirements of this Law, its Regulations and other applicable legal provisions. The regularization may be granted by granting the foreigner the corresponding condition of stay in accordance with this Law.
Regardless of the foregoing, foreigners who are located in Mexican territory and are in any of the following situations are entitled to regularization of their immigration status:
I. Proof of being the spouse, concubine or common-law spouse of a Mexican person or of a foreign person with resident status;
II. Proof of being a father, mother or child, or having the legal representation or custody of a Mexican or foreign person with resident status;
III. That the foreigner is identified by the Institute or by a competent authority as a victim or witness of a serious crime committed in national territory;
IV. In the case of persons whose degree of vulnerability makes it difficult or impossible to deport or return them with assistance, and
V. In the case of children and adolescents who are subject to the procedure of international abduction and return of children or adolescents.
Article 134 . Foreigners may also request regularization of their immigration status, except as provided in Article 43 of this Law, when:
I. Having obtained authorization to enter the country on a regular basis, have exceeded the period of stay initially granted, provided that they submit their request within sixty calendar days following the expiration of the authorized period of stay, or
II. Engage in activities other than those permitted by their status of stay.
For this purpose, they must comply with the requirements established in this Law, its Regulations and other applicable legal provisions.
Article 135 . In order to carry out the procedure for the regularization of the immigration status, the foreigner must comply with the following:
I. Submit to the Institute a written request for the regularization of their immigration status, specifying the irregularity in which they incurred;
II. Present an official document that proves their identity;
III. In the event that they are related to a Mexican or foreigner with regular residence in Mexican territory, they must show the documents that prove it;
IV. In the event that the initially granted period of stay has been exceeded, the expired migratory document must be presented;
V. Proof of payment of the fine determined in this Law, and
VI. Those provided for in this Law and its Regulations for the status of stay you wish to acquire.
Article 136 . The Institute may not present the foreigner who comes before it to request the regularization of his immigration status.
In the event that the foreigner is in a migratory station and is located in the cases provided for in Articles 133 and 134 of this Law, they will be issued within the following twenty-four hours, counted from the time the foreigner proves that he/she complies with the requirements established in this Law and its Regulations, the official notice to leave the station for the purpose of going to the offices of the Institute to regularize his/her migratory situation, except as provided in Article 113 in which the reflection period for the victims or witnesses of a crime must be respected.
The Institute will have a term of thirty calendar days, counted as of the date of receipt of the corresponding procedure, to decide on the request for regularization of the immigration status.
Article 137 . The Institute may issue exit and return permits for a determined period to foreigners who have a pending procedure that has not caused status.
The Institute will issue a departure order to foreigners when:
I. Desist from their immigration proceedings;
II. The immigration process is denied, and
III. At the request of the foreigner.
In these cases, the foreigner must leave the national territory within the term granted by the Institute and may re-enter immediately, upon compliance with the requirements established by this Law.
TITLE SEVEN
OF PENALTIES
CHAPTER I
GENERAL PROVISIONS CONCERNING PENALTIES
Article 138 . The Institute shall impose the sanctions referred to in this Law, within the limits indicated for each infraction, based on the seriousness of the infraction and the degree of responsibility of the offender, taking into account:
I. The socioeconomic circumstances of the offender;
II. The external conditions, the offender's background and the means of execution;
III. Recidivism in the non-fulfillment of obligations;
IV. The amount of the benefit, profit or damage or harm derived from the breach of obligations, and
V. The hierarchical level of the offender and his/her seniority in the service, in the case of authorities other than the Institute.
Article 139 . The income that the Federation effectively obtains from fines for infringement of this Law, will be destined to the Institute to improve the services it provides in migratory matters.
CHAPTER II
OF THE CAUSES FOR SANCTIONING PUBLIC SERVANTS OF THE INSTITUTE
Article 140 . Public servants of the Institute shall be sanctioned for the following conducts:
I . Without being authorized, disclose any confidential or reserved information;
II . Deliberately or negligently delay the normal processing of immigration matters;
III . By themselves or through intermediaries intervene in any way in the management of the matters referred to in this Law or its Regulations or sponsor or advise the way to evade the immigration provisions or procedures to the interested parties or their representatives;
IV . They fraudulently misuse or provide immigration documents to third parties;
V . Facilitate to foreigners subject to immigration control the means to evade compliance with this Law and its Regulations;
VI . For violation of the human rights of migrants, accredited by the competent authority, and
VII . Any others established by other applicable legal provisions.
The conduct set forth in sections IV and VI of this article shall be considered a serious infraction and shall be sanctioned with dismissal and disqualification, in accordance with the provisions of the General Law of Administrative Responsibilities and without prejudice to the provisions of other applicable legal provisions.
Amended paragraph DOF 03-07-2019
Article 141 . Sanctions to public servants of the Institute shall be applied under the terms of the Federal Law of Administrative Responsibilities of Public Servants.
Article 142 . A fine of one hundred to one thousand days of the general minimum wage in force in the Federal District shall be imposed on anyone who, without the Institute's permission, authorizes or orders the dispatch of a transport that is to leave the national territory.
CHAPTER III
PENALTIES FOR INDIVIDUALS AND LEGAL ENTITIES
Article 143 . The application of sanctions to natural and legal persons shall be governed by the provisions contained in this chapter and in supplementary form by the Federal Law of Administrative Procedure. The human rights of migrants shall be fully respected in their substantiation.
For all legal purposes, the deportation of foreigners and the measures dictated by the Secretariat in accordance with the present Law are of public order.
Deportation is the measure issued by the Institute through which the departure from the national territory of a foreigner is ordered and the period during which he/she may not re-enter the national territory is determined, when he/she incurs in the assumptions set forth in Article 144 of this Law.
Article 144 . A foreigner shall be deported from the national territory if he/she is presented:
I . Has entered the country without the required documentation or through a place not authorized for the international transit of persons;
II . Having been deported, he/she re-enters the national territory without having obtained the readmission agreement, even if he/she has obtained a condition of stay;
III . He/she is a Mexican before the Institute when he/she is not a Mexican;
IV . When his or her background in Mexico or abroad compromises national security or public safety;
Reformed fraction DOF 07-01-2021
V . Provides false information or exhibits before the Institute apocryphal, altered or legitimate documentation, but which has been fraudulently obtained, and
VI . Has failed to comply with an order to leave the national territory issued by the Institute.
In all these cases, the Institute will determine the period during which the deported foreigner must not re-enter the country, in accordance with the provisions of the Regulations. During such period, he/she may only be readmitted by express agreement of the Secretariat.
In the event that the foreigner, due to his or her background in the United Mexican States or abroad, could compromise national sovereignty, national security or public safety, the deportation will be definitive.
Article 145 . Foreigners who request the regularization of their immigration status under the terms provided in Sections I and II of Article 133 of this Law, shall be fined from twenty to forty days of the general minimum wage in force in the Federal District.
Foreigners who are in the cases of fractions III, IV and V of Article 133 of this Law shall not be subject to any fine.
Article 146 . Foreigners who are authorized to regularize their immigration status under the terms provided in Article 134 of this Law, shall be fined from twenty to one hundred days of the general minimum wage in force in the Federal District.
Article 147 . Except in the case of a competent authority who, without the authorization of its holder, retains the documentation that proves the identity or immigration status of a foreigner in the country, a fine of one thousand to ten thousand days of the general minimum wage in force in the Federal District shall be imposed.
Article 148 . Any public servant who, without just cause or force majeure, denies migrants the provision of services or the exercise of the rights provided for in this Law, as well as those who request additional requirements to those provided for in the applicable legal and regulatory provisions, shall be liable to a fine of twenty to one thousand days of the general minimum wage in force in the Federal District, regardless of the administrative responsibilities incurred.
This sanction will be applied in terms of the Federal Law of Administrative Responsibilities of Public Servants, or the corresponding law, according to the nature of the public servant responsible.
Article 149 . Any private individual who receives a foreigner in custody and allows him to escape from the control of the Institute, shall be sanctioned with a fine of five hundred to two thousand days of general minimum wage in force in the Federal District, without prejudice to the responsibilities incurred when this constitutes a crime and to the enforcement of the guarantee provided for in Article 102 of this Law.
Article 150 . A fine of one hundred to five hundred days of the general minimum wage in force in the Federal District shall be imposed on a Mexican citizen who marries a foreigner only for the purpose of allowing the latter to reside in the country, taking advantage of the benefits established by this Law for such cases.
The same penalty shall be imposed on a foreigner who marries a Mexican under the terms of the preceding paragraph.
Article 151 . A fine of one thousand to ten thousand days of the general minimum wage in force in the Federal District shall be imposed on maritime transportation companies, when they allow passengers or crew members to go ashore before the Institute grants the corresponding permit.
Article 152 . The disembarkation of persons from transports coming from abroad, carried out in places other than those intended for the international transit of persons, shall be punished with a fine of one thousand to ten thousand days of general minimum wage in force in the Federal District, which shall be imposed on individuals or legal entities with commercial activities dedicated to the international transport of persons, without prejudice to the penalties provided for in other laws.
Article 153 . Companies engaged in international land, sea or air transportation that transport foreigners into the country without valid immigration documentation shall be sanctioned with a fine of one thousand to ten thousand days of the general minimum wage in force in the Federal District, without prejudice to the rejection of the foreigner in question and the company's return, at its own expense, to the place of origin.
Article 154 . The owner company, its representatives, its consignees, as well as the captains or those in command of maritime transports, who disobey the order to carry foreign passengers who have been rejected or deported by the competent authority from national territory, shall be jointly and severally liable and shall be sanctioned with a fine of one thousand to ten thousand days of the general minimum wage in force in the Federal District.
The same sanction shall be imposed on companies owning air transport. In both cases, a detailed report shall be drawn up stating the particulars of the case.
Article 155 . A fine of one thousand to ten thousand days of the general minimum wage in force in the Federal District shall be imposed on the owner company, its representatives or its consignees when the vessel leaves national ports in deep sea traffic before the departure inspection is carried out by the Institute and the authorization to make the voyage has been received from them.
Article 156 . The person who visits a foreign maritime transport, without permission from the immigration authorities, shall be punished with a fine of ten to one hundred days of the general minimum wage in force in the Federal District or arrest for up to thirty-six hours.
The same penalty shall be imposed on the person who, without the authority to do so, authorizes the visit referred to in the preceding paragraph.
Article 157 . A fine of one thousand to ten thousand days of the general minimum wage in force in the Federal District shall be imposed on the international air or maritime transportation company that fails to comply with the obligation to electronically transmit the information indicated in Article 46 of this Law.
The same penalty may be imposed in the event that the electronic transmission is late, incomplete or contains incorrect information.
Article 158 . A fine of twenty to one hundred days of the general minimum wage in force in the Federal District shall be imposed on temporary and permanent residents who refrain from informing the Institute of their change of marital status, domicile, nationality or place of work, or who do so out of time.
TITLE EIGHT
OF IMMIGRATION OFFENSES
SINGLE CHAPTER
OF CRIMES
Article 159 . A penalty of eight to sixteen years of imprisonment and a fine of five thousand to fifteen thousand days of the general minimum wage in force in the Federal District shall be imposed on anyone:
I. With the purpose of trafficking leads one or more persons to enter another country without the corresponding documentation, with the purpose of directly or indirectly obtaining a profit;
II. Introduce, without the corresponding documentation, one or more foreigners into Mexican territory, with the purpose of obtaining, directly or indirectly, a profit, or
III. Harboring or transporting through the national territory, with the purpose of directly or indirectly obtaining a profit, one or several foreigners with the purpose of evading the migratory revision.
In order for the offense provided for in this article to be committed, it will be necessary to demonstrate the intent of the perpetrator to obtain an economic benefit in money or in kind, certain, actual or imminent.
No penalty shall be imposed on persons of recognized moral solvency, who for strictly humanitarian reasons and without seeking any benefit, provide assistance to a person who has entered the country in an irregular manner, even if they receive donations or resources for the continuation of their humanitarian work.
Article 160 . The penalties provided for in the preceding article shall be increased by up to one half when the conducts described therein are carried out:
I. With respect to children and adolescents or when a child or adolescent or a person who does not have the capacity to understand the meaning of the act is induced, procured, facilitated or forced to carry out any of the conducts described in the preceding article;
II. Under conditions or by means that endanger or are likely to endanger the health, integrity, safety or life or result in inhuman or degrading treatment of the persons to whom the conduct relates, or
III. When the material or intellectual author is a public servant.
Article 161 . Any public servant who aids, conceals or induces any person to violate the provisions contained in this Law, with the purpose of directly or indirectly obtaining a profit in money or in kind, shall be sentenced to four to eight years in prison and fined from five hundred to one thousand days of the general minimum wage in force in the Federal District.
Article 162 . In the cases of the crimes referred to in this Law, the exercise of the criminal action by the Federal Public Prosecutor's Office will be carried out ex officio. The Institute shall be obliged to provide the Federal Public Prosecutor's Office with all the elements necessary for the prosecution of these crimes.
TRANSITIONS
FIRST . The Immigration Law shall enter into force on the day following its publication in the Official Gazette of the Federation, except for the provisions that are subject to the vacancy provided for in the Second Transitory Article.
SECOND . Article 10; Sections I, II, III and VI of Article 18; Article 21; Chapters I and II of Title Four; the last paragraph of Article 74; Articles 101 and 102; Article 117; the last paragraph of Article 112; Articles 126 and 127, and Articles 149, 157 and 158 of the Immigration Law, shall enter into force until the Regulations of the same Law are in force.
THIRD . Within one hundred and eighty days after the entry into force of this Law, the Federal Executive shall issue the Regulations of the Immigration Law, in the meantime, the Regulations of the General Population Law shall continue to apply insofar as they do not oppose it.
FOURTH . The general administrative provisions on immigration matters issued prior to the entry into force of the Immigration Law, shall remain in force in all matters that do not oppose it, until such time as the provisions that replace them are issued in accordance therewith.
FIFTH . The expenditures that the agencies and entities of the Federal Public Administration, as well as the Office of the Attorney General of the Republic, must make to comply with the actions established in the Immigration Law, will be subject to their budgetary availability approved for that purpose by the Chamber of Deputies in the Decree of the Federal Expenditure Budget.
SIXTH . For the purposes of the application of the Immigration Law, the following shall be taken into account:
I. Foreigners who have obtained the migratory quality of Non-immigrant, within the characteristics of tourist, transmigrant, visitor in all its modalities except foreigners who have obtained the migratory quality of Non-immigrant within the characteristic of Local Visitor, granted to the nationals of neighboring countries for their visit to the border populations of the United Mexican States, minister of worship, distinguished visitor, provisional visitor and correspondent, will be equated to the Visitor without permission to carry out remunerated activities;
II. The foreigners that have obtained the migratory quality of Non-immigrant within the characteristic of Local Visitor, granted to the nationals of the neighboring countries for their visit to the border populations of the United Mexican States, will be equated to the Regional Visitor;
III. The foreigners who have obtained the migratory quality of Non-immigrant, within the characteristic of student, will be equated to the Temporary Resident Student;
IV. The foreigners who have obtained the migratory quality of Non-immigrant, within the characteristics of political asylum and refugee, will be equated to the Permanent Resident;
V. The foreigners who have obtained the migratory quality of Immigrant, within the characteristics of rentier, investor, professional, position of trust, scientist, technician, family, artist and sportsman or assimilated, will be equated to the Temporary Resident, and
VI. The foreigners who have obtained the migratory quality of immigrant, will be equated to the Permanent Resident.
SEVENTH . The references made in the Migration Law to the order of committal to trial, will be understood to mean the current term of formal imprisonment, since with this Decree Article 19 of the Constitution does not enter into force subject to the vacancy provided for in the Second Transitory Article of the Decree reforming and adding various provisions of the Political Constitution of the United Mexican States, published in the Official Gazette of the Federation on June 18, 2008.
EIGHTH . The Ministry of the Interior shall publish in the Official Gazette of the Federation, the rules relating to the System of Points provided for in the Immigration Law, within a period of one hundred and eighty days from its entry into force.
NINTH . The immigration procedures that are in process or pending resolution at the date of entry into force of the Immigration Law, shall be concluded in accordance with the provisions in force at the time they were initiated.
TENTH . Criminal proceedings initiated prior to the entry into force of the Immigration Law, for the crime provided for in Article 138 of the General Population Law, shall continue to be processed until their conclusion in accordance with the provisions in force at the time of the commission of the facts that gave rise to them. The same will be observed with respect to the execution of the corresponding penalties.
ARTICLES TWO TO NINE. ..........
TRANSITIONAL PROVISIONS OF THE DECREE ISSUING THE MIGRATION LAW AND AMENDING, REPEALING AND ADDING VARIOUS PROVISIONS OF THE GENERAL POPULATION LAW, THE FEDERAL CRIMINAL CODE, THE FEDERAL CODE OF CRIMINAL PROCEDURE, THE FEDERAL LAW AGAINST ORGANIZED CRIME, THE FEDERAL POLICE LAW, THE LAW ON RELIGIOUS ASSOCIATIONS AND PUBLIC WORSHIP, THE FOREIGN INVESTMENT LAW AND THE GENERAL TOURISM LAW.
FIRST . This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
SECOND . The amendments to the General Population Law will enter into force on the day following their publication in the Official Gazette of the Federation, except for the repeal of Sections VII and VIII of Article 3 and Articles 7 to 75, which will enter into force until the Regulations of the Immigration Law are in force.
The amendments to the Law of Religious Associations and Public Worship, the Foreign Investment Law and the General Law of Tourism will enter into force until the Regulations of the Immigration Law are in force.
THIRD . References made in other laws and other legal provisions to the General Population Law with respect to migratory matters shall be understood to refer to the Immigration Law.
FOURTH . The resolutions issued by the immigration authority during the validity of the provisions of the General Population Law that are repealed, shall have full legal effect.
Mexico City, April 29, 2011.- Sen. Manlio Fabio Beltrones Rivera , Chairman.- Deputy Jorge Carlos Ramírez Marín , Chairman.- Sen. Renan Cleominio Zoreda Novelo , Secretary.- Deputy María Dolores Del Río Sánchez , Secretary.- Rubrics ".
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I hereby issue this Decree in the Residence of the Federal Executive Power, in Mexico City, Federal District, on May twenty-fourth, two thousand eleven.- Felipe de Jesús Calderón Hinojosa .- Rubric.- The Secretary of the Interior, José Francisco Blake Mora .- Rubric.
TRANSITORY ARTICLES OF REFORM DECREES
DECREE amending and adding Article 112 of the Immigration Law.
Published in the Official Gazette of the Federation on June 4, 2013.
ARTICLE ONE.- The first paragraph, section I and the third paragraph of section VI of Article 112 of the Immigration Law are amended to read as follows:
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TRANSITORY
This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Mexico City, April 24, 2013.- Dip. Francisco Arroyo Vieyra , Chairman. Ernesto Cordero Arroyo , Chairman.- Deputy Angel Cedillo Hernandez , Secretary.- Sen. Lilia Guadalupe Merodio Reza , Secretary.- Rubrics. "
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I hereby issue this Decree in the Residence of the Federal Executive Power, in Mexico City, Federal District, on the thirty-first day of May of the year two thousand thirteen.
DECREE amending Articles 3 and 25 of the Immigration Law.
Published in the Official Gazette of the Federation on June 7, 2013.
Sole Article. A section XXVII is hereby added to Article 3 and Article 25 of the Immigration Law is amended to read as follows:
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Transitory
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second. Within ninety calendar days from the effective date of this Decree, the Federal Executive will publish the necessary amendments.
Mexico City, April 29, 2013. Ernesto Cordero Arroyo , Chairman.- Dip. Francisco Arroyo Vieyra , Chairman.- Sen. Rosa Adriana Díaz Lizama , Secretary.- Dip. Tanya Rellstab Carreto , Secretary.- Rubrics. "
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I hereby issue this Decree in the Residence of the Federal Executive Power, in Mexico City, Federal District, on the fifth day of June of the year two thousand thirteen, Enrique Peña Nieto .
DECREE amending and adding various provisions, as well as the name of the Law on Refugees and Complementary Protection; and amending and adding various articles of the Immigration Law.
Published in the Official Gazette of the Federation on October 30, 2014.
Article Two.- Articles 3, section III; and 55, second paragraph of the Immigration Law are amended to read as follows:
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Transitory
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second. The asylum seekers recognized prior to the entry into force of this Decree may request the issuance of the migratory document that accredits their status of stay in the country in accordance with the provisions of the Immigration Law.
Third. The Ministry of the Interior and the Ministry of Foreign Affairs shall carry out the necessary actions so that the implementation of the present amendments may be carried out with the resources approved in their budgets; therefore, they shall not require additional resources for such purposes and shall not increase their regularizable budgets for the present and subsequent fiscal years.
Fourth. The respective regulations shall establish the procedure by means of which the Mexican Commission for Refugee Assistance shall attend and process the cases referred to in Articles 35 Bis and 70 of this Law.
Mexico City, September 25, 2014.- Sen. Miguel Barbosa Huerta , Chairman.- Deputy Silvano Aureoles Conejo , Chairman.- Sen. María Elena Barrera Tapia , Secretary.- Deputy Javier Orozco Gómez , Secretary.- Rubrics. "
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I hereby issue this Decree in the Residence of the Federal Executive Power, in Mexico City, Federal District, on October twenty-seventh, two thousand fourteen.- Enrique Peña Nieto .- Rubric.- The Secretary of the Interior, Miguel Ángel Osorio Chong .- Rubric.
DECREE adding a section VI to Article 48 of the Immigration Law.
Published in the Official Gazette of the Federation on April 21, 2016.
Sole Article.- A section VI is added to Article 48 of the Immigration Law, to read as follows:
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TRANSITORY
This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Mexico City, March 16, 2016.- Deputy José de Jesús Zambrano Grijalva , Chairman.- Senator Roberto Gil Zuarth , Chairman.- Deputy Verónica Delgadillo García , Secretary.- Senator César Octavio Pedroza Gaitán , Secretary.- Rubrics."
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I hereby issue this Decree in the Residence of the Federal Executive Power, in Mexico City, on April eighteenth, two thousand sixteen.
DECREE amending Section III of Article 52 of the Immigration Law.
Published in the Official Gazette of the Federation on May 19, 2017.
Section III of Article 52 of the Immigration Law is amended to read as follows:
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Transitory
This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Mexico City, April 6, 2017.- Dip. María Guadalupe Murguía Gutiérrez , President.- Sen. Pablo Escudero Morales , President.- Dip. María Eugenia Ocampo Bedolla , Secretary.- Sen. Lorena Cuéllar Cisneros , Secretary.- Rubrics. "
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I hereby issue this Decree in the Residence of the Federal Executive Power, in Mexico City, on May seventeenth, two thousand and seventeen.- Enrique Peña Nieto .- Rubric.- The Secretary of the Interior, Miguel Ángel Osorio Chong .- Rubric.
DECREE amending Articles 29 and 112 of the Immigration Law.
Published in the Official Journal of the Federation on November 9, 2017.
Sole Article: Articles 29, first paragraph, and 112, sections I and VI, third paragraph of the Immigration Law are amended to read as follows:
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Transitory
Sole Paragraph. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Mexico City, September 26, 2017.- Dip. Jorge Carlos Ramírez Marín , Chairman.- Sen. Ernesto Cordero Arroyo , Chairman.- Dip. Alejandra Noemi Reynoso Sánchez , Secretary.- Sen. Itzel S. Ríos de la Mora , Secretary.- Rubrics. "
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I hereby issue this Decree in the Residence of the Federal Executive Power, in Mexico City, on November eighth, two thousand seventeen.- Enrique Peña Nieto .- Rubric.- The Secretary of the Interior, Miguel Ángel Osorio Chong .- Rubric.
DECREE amending Section I of Article 30 of the Immigration Law.
Published in the Official Journal of the Federation on June 25, 2018.
Section I of Article 30 of the Immigration Law is amended to read as follows:
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Transitory
Sole Paragraph: This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Mexico City, April 26, 2018.- Dip. Edgar Romo García , Chairman.- Sen. Ernesto Cordero Arroyo , Chairman.- Dip. Sofía Del Sagrario De León Maza , Secretary.- Sen. Juan G. Flores Ramírez , Secretary.- Rubrics. "
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I hereby issue this Decree in the Residence of the Federal Executive Power, in Mexico City, on the twentieth day of June of the year two thousand eighteen.- Enrique Peña Nieto .- Rubric.- The Secretary of the Interior, Dr. Jesús Alfonso Navarrete Prida .- Rubric.
DECREE amending Articles 3 and 111 of the Immigration Law.
Published in the Official Journal of the Federation on July 12, 2018.
Section XXVIII of Article 3 and the first paragraph of Article 111 of the Immigration Law are amended to read as follows:
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Transitory
Sole Paragraph. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Mexico City, April 26, 2018.- Deputy Edgar Romo García , Chairman.- Senator Ernesto Cordero Arroyo, Chairman.- Deputy Ana Guadalupe Perea Santos, Secretary.- Senator Juan G. Flores Ramírez, Secretary. Ernesto Cordero Arroyo , Chairman.- Dip. Ana Guadalupe Perea Santos , Secretary.- Sen. Juan G. Flores Ramírez , Secretary.- Rubrics. "
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I hereby issue this Decree in the Residence of the Federal Executive Power, in Mexico City, on the sixth day of July, two thousand eighteen.- Enrique Peña Nieto .- Rubric.- The Secretary of the Interior, Dr. Jesús Alfonso Navarrete Prida .- Rubric.
DECREE amending Articles 109 and 140 of the Immigration Law.
Published in the Diario Oficial de la Federación on July 3, 2019.
Section XV of article 109 and the second paragraph of article 140 of the Immigration Law are amended to read as follows:
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Transitory
Sole Paragraph. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Mexico City, April 3, 2019.- Sen. Martí Batres Guadarrama , Chairman.- Dip. Porfirio Muñoz Ledo , Chairman.- Sen. Antares G. Vázquez Alatorre , Secretary.- Dip. Julieta Macías Rábago , Secretary.- Rubrics. "
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I hereby issue this Decree in the Residence of the Federal Executive Power, in Mexico City, on July 2, 2019.- Andrés Manuel López Obrador .- Rubric.- The Secretary of the Interior, Dr. Olga María del Carmen Sánchez Cordero Dávila .- Rubric.- The Secretary of the Interior, Dr. Olga María del Carmen Sánchez Cordero Dávila .- Rubric.
DECREE amending Article 93 of the Immigration Law.
Published in the Official Gazette of the Federation on April 13, 2020.
Sole Article.- Article 93 of the Immigration Law is amended to read as follows:
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Transitory
Sole Paragraph. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Laura Angélica Rojas Hernández , President - Mónica Fernández Balboa , President - Lizbeth Mata Lozano , Secretary - Primo Dothé Mata , Secretary - Rubrics ".
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I hereby issue this Decree in the Residence of the Federal Executive Power, in Mexico City, on April 7, 2020.- Andrés Manuel López Obrador .- Rubric.- The Secretary of the Interior, Dr. Olga María del Carmen Sánchez Cordero Dávila .- Rubric.- The Secretary of the Interior, Dr. Olga María del Carmen Sánchez Cordero Dávila .- Rubric.
DECREE amending various articles of the Migration Law and the Law on Refugees, Complementary Protection and Political Asylum, regarding Migrant Children.
Published in the Official Gazette of the Federation on November 11, 2020.
Article One.- Sections V, XX, XXI, XXI, XXII and XXV are hereby added. Sections V, XX, XXI, XXI, XXII and XXV are hereby added to article 3; a second paragraph to article 6; sections X and XI are hereby added to article 20; a third paragraph to article 71; a second paragraph to article 79; the third, fourth and fifth paragraphs to article 95; the second, third and fourth paragraphs to article 98; the following are amended: section XIX of article 3; the first paragraph of article 6; the second paragraph of article 11; Sections IV, VII and IX of article 20; article 29; paragraph b) of section V of article 52; the second paragraph of article 68; the first paragraph of article 71; articles 73 and 74; article 99; sections II and III of article 107; Section XIII of Article 109; Article 112; the second paragraph and Sections I and II and the third paragraph of Article 120; Section XIV is deleted and the subsequent sections of Article 109 are deleted ; of the Immigration Law, to read as follows:
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Transitory
First. This Decree shall enter into force 60 days after its publication in the Official Gazette of the Federation.
Second. The Federal Executive, at the latest within six months from the publication of this Decree, will issue the corresponding regulatory reforms.
Third. The Congress of the Union shall allocate the necessary resources for the operation of the Social Assistance Centers, as well as for the operation of the Offices of the Attorney General for Protection, in accordance with the General Law on the Rights of Children and Adolescents and its Regulations. The budget items shall be indicated in the budget immediately following the entry into force of this Decree and in the successive budgets.
Mexico City, September 29, 2020. Eduardo Ramírez Aguilar , Chairman.- Dip. Dulce María Sauri Riancho , Chairman.- Sen. Lilia Margarita Valdez Martínez , Secretary.- Deputy Martha Hortencia Garay Cadena , Secretary.- Signatures. "
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I hereby issue this Decree in the Residence of the Federal Executive Power, in Mexico City, on November 6, 2020.- Andrés Manuel López Obrador .- Rubric.- The Secretary of the Interior, Dr. Olga María del Carmen Sánchez Cordero Dávila .- Rubric.- The Secretary of the Interior, Dr. Olga María del Carmen Sánchez Cordero Dávila .- Rubric.
DECREE amending Articles 43, 64 and 144 of the Immigration Law.
Published in the Official Gazette of the Federation on January 7, 2021.
Sole Article.- Articles 43, Sections I and III and the fourth paragraph; 64, Section VI, and 144, Section IV of the Immigration Law are amended to read as follows:
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Transitory
First.- This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Second: All legal and regulatory provisions contrary to the provisions of this Decree are hereby repealed.
Mexico City, November 26, 2020. Eduardo Ramírez Aguilar , Chairman.- Dip. Dulce María Sauri Riancho , Chairman.- Sen. Lilia Margarita Valdez Martínez , Secretary.- Dip. Martha Hortencia Garay Cadena , Secretary.- Rubricatures ".
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I hereby issue this Decree in the Residence of the Federal Executive Power, in Mexico City, on January 4, 2021.- Andrés Manuel López Obrador .- Rubric.- The Secretary of the Interior, Dr. Olga María del Carmen Sánchez Cordero Dávila .- Rubric.- The Secretary of the Interior, Dr. Olga María del Carmen Sánchez Cordero Dávila .- Rubric.
DECREE amending and adding Articles 2 and 28 of the Immigration Law.
Published in the Official Gazette of the Federation on May 4, 2021.
Sole Article.- Articles 2, first paragraph; 28, section IV and paragraphs fifteen and sixteen are amended, and the current paragraph fifteen becomes seventeen of Article 2 of the Immigration Law, to read as follows:
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Transitory
Sole Paragraph: This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation.
Mexico City, March 25, 2021.- Sen. Oscar Eduardo Ramírez Aguilar , Chairman.- Deputy Dulce María Sauri Riancho , Chairman.- Senator Lilia Margarita Valdez Martínez, Secretary.- Deputy María Guadalupe Díaz Avilez, Secretary.- Signatures. Lilia Margarita Valdez Martínez , Secretary.- Dip. María Guadalupe Díaz Avilez , Secretary.- Rubricatures ".
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I hereby issue this Decree in the Residence of the Federal Executive Power, in Mexico City, on April 28, 2021.- Andrés Manuel López Obrador .- Rubric.- The Secretary of the Interior, Dr. Olga María del Carmen Sánchez Cordero Dávila .- Rubric.- The Secretary of the Interior, Dr. Olga María del Carmen Sánchez Cordero Dávila .- Rubric.
DECREE enacting the Law of the Office of the Attorney General of the Republic, repealing the Organic Law of the Office of the Attorney General of the Republic and amending, adding and repealing various provisions of different laws.
Published in the Official Gazette of the Federation on May 20, 2021.
Article Thirty-Fourth.- The first paragraph and sections II and III of Article 28 of the Immigration Law are amended to read as follows:
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Transitory
First. This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation and is issued in compliance with the Thirteenth Transitory Article of the Decree by which the Organic Law of the Attorney General's Office was issued.
Second. The Organic Law of the Office of the Attorney General of the Republic is hereby repealed.
All regulatory references to the Office of the Attorney General of the Republic or the Attorney General of the Republic shall be understood to refer to the Office of the Attorney General of the Republic or its head, respectively, under the terms of their current constitutional functions.
Third. The designations, appointments and processes in progress for designation, made in accordance with the constitutional and legal provisions, regarding the head of the Office of the Attorney General of the Republic, the Specialized Prosecutor's Offices, the Internal Control Organ and the other persons in charge of the administrative units, deconcentrated bodies and bodies within the scope of the Attorney General's Office of the Republic, as well as the members of the Citizen Council of the Attorney General's Office of the Republic, shall continue in force for the period for which they were appointed or until the conclusion of the exercise of the function or, as the case may be, until the termination of the pending process.
Fourth. The head of the Office of the Attorney General of the Republic shall have a term of ninety calendar days following the entry into force of this Decree to issue the Organic Statute of the Office of the Attorney General of the Republic and one hundred and eighty calendar days, counted as of the issuance thereof, to issue the Statute of the Professional Career Service.
Pending the issuance of the Bylaws and regulations, the rules and legal acts that have been in force shall continue to apply, insofar as they do not conflict with this Decree.
The legal instruments, agreements, inter-institutional agreements, contracts or equivalent acts entered into or issued by the Attorney General's Office of the Republic or the Attorney General's Office of the Republic shall be deemed to be in force and shall bind the Institution in their terms, insofar as they do not oppose this Decree, without prejudice to the right of the parties to ratify, modify or terminate them subsequently or, as the case may be, to be repealed or abrogated.
Fifth. As of the entry into force of this Decree, the decentralized agency called the National Institute of Criminal Sciences will be disincorporated from the Federal Public Administration and will become a body with legal personality and its own assets, which will enjoy technical and managerial autonomy, within the scope of the Office of the Attorney General of the Republic.
Public servants who at that moment are rendering their services for the National Institute of Criminal Sciences will have the right to participate in the evaluation process to transition to the professional career service.
To gain access to the professional career service, personnel who wish to continue providing their services to the National Institute of Criminal Sciences must undergo the evaluation process as provided for in the Statute of the Professional Career Service, terminating that relationship with those public servants who do not submit or do not accredit the evaluation process.
The National Institute of Criminal Sciences shall terminate its labor relations with its employees once the professional career service is installed, in accordance with the personnel liquidation program authorized by the Board of Governors; until this does not happen, the labor relations shall subsist.
Upon the entry into force of this Decree, the members of the Governing Board of the National Institute of Criminal Sciences belonging to the Federal Public Administration will leave office, and their places will be occupied by the persons determined by the head of the Office of the Attorney General of the Republic.
Within sixty calendar days following the entry into force of this Decree, the Board of Governors shall issue a new Organic Statute and shall establish a professional career service, as well as a liquidation program for personnel who, for any reason, do not transition to the professional career service to be installed.
The material, financial and budgetary resources, including movable property, which the Institute has upon the entry into force of this Decree, will be transferred to the National Institute of Criminal Sciences of the Office of the Attorney General of the Republic pursuant to the Eleventh Transitory Eleventh of this Decree.
Sixth. The knowledge and resolution of the matters that are in process at the entry into force of this Decree or that are initiated after its entry into force, will correspond to the competent units, in terms of the applicable regulations or to those that in accordance with the powers granted to them by this Decree, assume their knowledge, until such time as the Bylaws and other regulations derived from this Decree are issued.
Seventh. The personnel who at the date of entry into force of this Decree have an appointment or Single Personnel Form issued by the then Attorney General's Office of the Republic, will retain the rights they have acquired by virtue of their status as public servants, regardless of the denomination corresponding to their activities or the nature of the position they occupy. In order to gain access to the professional career service, personnel who wish to continue rendering their services with the Attorney General's Office of the Republic shall be subject to the evaluation process as provided for in the Statute of the professional career service. The relationship with those public servants who do not submit or do not accredit the evaluation process will be terminated.
The personnel hired by the Office of the Attorney General of the Republic will be subject to the term of their appointment, in accordance with Guidelines L/001/19 and L/003/19, which regulate the hiring of transitional personnel, as well as personnel assigned to the then Office of the Attorney General of the Republic who continue in the Office of the Attorney General of the Republic, as well as for transitional personnel.
Eighth. Public servants who have an appointment or Single Personnel Form issued by the then Attorney General's Office of the Republic as of the date of entry into force of this Decree and who, for any reason, do not transition to the professional career service must adhere to the settlement programs issued for such purposes.
Ninth. The head of the Office of the Chief Justice shall have a period of ninety calendar days to establish the Trust Fund called "Fund for the Improvement of the Procuration of Justice" or to modify the purpose of any existing legal instrument of the same, similar or analogous nature.
Tenth. The person in charge of the Office of the Chief of Staff will issue the guidelines for the transfer of human, material, financial or budgetary resources, including furniture, which the Office of the Attorney General of the Republic has at the time of the entry into force of this Decree, as well as for the liquidation of liabilities and other obligations that are pending with respect to the extinction of the Office of the Attorney General of the Republic.
The Strategic Transition Plan established in the Ninth Transitory Article of the Organic Law of the Office of the Attorney General of the Republic, which is repealed by this Decree, is hereby repealed.
Eleventh. The real property owned by the Office of the Attorney General of the Republic, or by the bodies within its scope or by the Federation that, as of the date of entry into force of this Decree, are assigned or destined to the Office of the Attorney General of the Republic, will become part of its patrimony.
The personal property and other material, financial or budgetary resources that have been assigned or destined to the Office of the Attorney General of the Republic will become part of its patrimony upon the entry into force of this Decree.
Twelfth. The head of the Office of the Attorney General of the Republic shall have a period of one year as of the publication of this Decree to issue the Strategic Plan for the Prosecution of Justice of the Office of the Attorney General of the Republic, with which the substantive work of the Institution will be conducted in accordance with the obligation referred to in Article 88 of this Decree. The same shall be submitted by the head of the Office of the Attorney General of the Republic in terms of the third paragraph of Article 88 of this Decree.
The Strategic Plan for the Procurement of Justice shall be submitted to the Senate of the Republic during the second ordinary period of sessions, if applicable, six months after the entry into force of this Decree.
For the issuance of the Strategic Plan for the Prosecution of Justice, the Attorney General's Office will have the opinion of the Citizen Council. The lack of installation of said Citizen Council will not prevent the presentation of the Strategic Plan for the Procuration of Justice.
Thirteenth. The administrative units of the Office of the Attorney General of the Republic which, as of the date of entry into force of this Decree, are in charge of the procedures related to the administrative responsibilities of the public servants of the Office of the Attorney General of the Republic, will have a period of ninety calendar days to refer them to the Internal Control Organ, so that it may be in charge of their knowledge and resolution, in accordance with the competence provided for in this Decree.
Fourteenth. As regards the auditing of the National Institute of Criminal Sciences, it will correspond to the Internal Control Organ of the Attorney General's Office of the Republic, upon the entry into force of this Decree, without prejudice to the powers that correspond to the Superior Audit Office of the Federation.
The cases initiated and pending processing at the date of entry into force of this Decree shall be resolved by the Ministry of Public Administration.
As for the organizational structure, as well as the material, financial and budgetary resources of the Internal Control Organ of the National Institute of Criminal Sciences, they will be transferred to the Internal Control Organ of the Attorney General's Office of the Republic.
Fifteenth. The assets that have been secured by the Attorney General's Office of the Republic or Attorney General's Office of the Republic, prior to the entry into force of this Decree, which are subject to administration or whose legal destination is determined, will be placed at the disposal of the Institute to Return to the People what has been Stolen, in accordance with the applicable legislation.
Sixteenth. All provisions that oppose this Decree are hereby repealed.
Dulce María Sauri Riancho , President.- Sen. Oscar Eduardo Ramírez Aguilar , President.- Sen. Lizbeth Mata Lozano , Secretary.- Sen. María Merced González González , Secretary.- Rubrics ".
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I hereby issue this Decree in the Residence of the Federal Executive Power, in Mexico City, on May 18, 2021, by Andrés Manuel López Obrador - Rubric - The Secretary of the Interior, Olga María del Carmen Sánchez Cordero Dávila - Rubric.
DECREE amending the second paragraph of Article 35 of the Immigration Law.
Published in the Official Gazette of the Federation on April 29, 2022.
Sole Article.- The second paragraph of article 35 of the Immigration Law is amended to read as follows:
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Transitory
Sole: This Decree shall enter into force on the day following its publication in the Official Gazette of the Federation, so that the personnel of the National Immigration Institute may use automated technological tools for the surveillance of the entry and exit of nationals and foreigners.
Mexico City, March 24, 2022 .- Deputy Sergio Carlos Gutiérrez Luna , Chairman.- Senator Olga Sánchez Cordero Dávila , Chairman.- Deputy Jessica María Guadalupe Ortega De la Cruz , Secretary.- Senator Verónica Delgadillo García , Secretary.- Rubrics ".
In compliance with the provisions of Section I of Article 89 of the Political Constitution of the United Mexican States, and for its due publication and observance, I hereby issue this Decree in the Residence of the Federal Executive Power, in Mexico City, on April 21, 2022.- Andrés Manuel López Obrador .- Rubric.- The Secretary of the Interior, Mr. Adán Augusto López Hernández .- Rubric.
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