(Feb. 26, 2021) On January 11, 2021, Mexico enacted an amendment to its Migration Law requiring that undocumented migrant minors be placed in shelters instead of immigration detention centers (as was the previous practice) while their legal status is determined by Mexican immigration authorities.
Accordingly, Mexico’s Migration Law now provides that immigration authorities must refer undocumented migrant minors to the National System for the Full Development of the Family (known as DIF, which coordinates national policy for children’s welfare) in order to be placed in an alternative public or private institution.
Furthermore, these minors must receive the temporary immigration status of “visitor for humanitarian reasons” while the Mexican government determines the most appropriate course of action applicable to them based on the specifics of their respective cases and their best interests.
This temporary status must be granted immediately and may not be denied or subject to presenting documentation or paying a fee.
Options for processing the cases of these minors include granting them temporary or permanent residency if appropriate, provided that pertinent requirements are met, or returning them to their countries of origin in coordination with relevant foreign authorities. Immigration authorities must not deport these children from Mexico until their situation is properly assessed and their status is determined.
The Mexican government has stated that the amendment makes the Migration Law consistent with certain children’s rights provided by another Mexican statute, the General Law on the Rights of Children and Adolescents, which provides that migrant children must receive age-appropriate services from welfare authorities while their immigration status is determined.
Mexico’s National Institute of Migration (the country’s immigration authority) has reported that it is holding meetings with a number of welfare agencies in order to coordinate efforts to properly implement this amendment.