immigration mexico
Is unlawful entry into Mexico a crime?
<p>In the U.S. there is a federal law making unauthorized entry into the country illegal. Does Mexico have similar law? </p>

<p>If so, does anyone know of English translations?</p>

<h1>Short Answer</h1>
<blockquote>
<p>Is unlawful entry into Mexico a crime?</p>
<p>In the U.S. there is a federal law making unauthorized entry into the
country illegal. Does Mexico have similar law?</p>
</blockquote>
<p>Yes. Illegal entry into Mexico is illegal but, it is not a crime.</p>
<p>The form of the question suggest that the person asking it may not be familiar with the distinction between something being &quot;<a href="https://dictionary.cambridge.org/us/dictionary/english/illegal" rel="noreferrer">illegal</a>&quot; and something being a &quot;<a href="https://www.lectlaw.com/def/c330.htm" rel="noreferrer">crime</a>&quot;. The notion that they are the same is a common misconception.</p>
<blockquote>
<p>If so, does anyone know of English translations?</p>
</blockquote>
<p>An English translation of Mexico's immigration law can be found <a href="https://www.albany.edu/%7Erk289758/documents/Ley_de_Migracion_en_Ingles.pdf" rel="noreferrer">here</a>.</p>
<h1>Long Answer</h1>
<p>Illegal entry into Mexico is illegal and has legally authorized consequences, although it is not a crime.</p>
<h3>Civil Consequences For Immigration Law Violations In Mexico</h3>
<p>Civil detention of unlawful entrants into Mexico is authorized by Articles 99-105 of Mexico's <a href="https://www.albany.edu/%7Erk289758/documents/Ley_de_Migracion_en_Ingles.pdf" rel="noreferrer">Migration Act of 2011</a>.</p>
<p>Deportation is authorized by Articles 114-125.</p>
<p>There are civil fines for violating immigration laws in Mexico based on a multiple of the minimum wage, ranging from 20 days of minimum wage to 10,000 days of minimum wage, depending upon the offense and its severity (one day's minimum wage is <a href="https://tradingeconomics.com/mexico/minimum-wages" rel="noreferrer">88.36 pesos</a>). Articles 143-158. So fines range from 1767.2 pesos to 883,600 pesos for immigration violations. <a href="https://www.currency-calc.com/USD_MXN" rel="noreferrer">Today's exchange rate</a> is 19.4 pesos to $1. So, these fines range from $91 USD to $45,546 USD.</p>
<h3>Immigration Related Crimes In Mexico</h3>
<p>Immigration crimes are found at Articles 159-162. According to the linked translation, these crimes are as follows:</p>
<blockquote>
<p>Article 159. A term of eight to 16 years in prison and a fine ranging
from 5,000 to 15,000 days of the general minimum wage in effect in the
Federal District will be imposed upon an individual who:</p>
<p>I. Traffics one or more individuals in order to enter another country
without the corresponding documentation and for the purpose of
directly or indirectly obtaining a profit;</p>
<p>II. Introduces one or more foreigners into Mexico without the
corresponding documentation and for the purpose of directly or
indirectly obtaining a profit; or</p>
<p>III. Lodges or transports one or more foreigners in or through Mexico
for the purpose of avoiding migratory inspection and in order to
directly or indirectly obtain a profit.</p>
<p>In order to actualize the crime provided for in this article, it will
be necessary to</p>
<p>demonstrate that the offender's intent is to obtain an indisputable,
current, or impending economic benefit in cash or in kind.</p>
<p>Penalties will not be imposed upon individuals of renowned moral
rectitude who, for strictly humanitarian reasons and without seeking
any benefit, assist an individual who has entered the country in an
unlawful manner, even when such individuals [of renowned moral
rectitude] receive donations or resources for continuing their
humanitarian work.</p>
<p>Article 160. The penalties indicated in the foregoing article will be
doubled when the aforementioned conducts are carried out:</p>
<p>I. With respect to children and adolescents, or when a child or
adolescent who is not able to comprehend the significance of the
action is induced to, motivated to, assisted in, or obligated to
conduct any of the behaviors described in the previous article;</p>
<p>II. Under conditions or using means that place or could place health,
integrity, safety, or life at risk or that allow for inhumane or
degrading treatment of the individuals affected by such conduct; or</p>
<p>III. When the perpetrator or orchestrator is a public servant.</p>
<p>Article 161. A public servant who assists, conceals, or prompts any
person to violate the provisions of this Law in order to obtain a
direct or indirect profit in cash or in kind will be sentenced to a
term of four to eight years in prison and a fine ranging from 500 to
1,000 days of the general minimum wage in effect in the Federal
District.</p>
<p>Article 162. In regard to the crimes indicated in this Law, the
Federal Office of the Public Prosecutor will exercise the criminal
action on its own initiative. The Institute is obligated to provide
the Federal Office of the Public Prosecutor with all elements
necessary for prosecuting these crimes.</p>
</blockquote>
<p>So basically, the only immigration crimes in Mexico are human trafficking and immigration related bribery. Illegal entry into Mexico, <em>per se</em>, even if it is intentional, while it is illegal and may justify civil immigration detention, deportation and/or a civil fine, is not a crime.</p>
<p>Of course, one could conceivably commit other crimes in connection with the immigration process (e.g. assaulting a government official, forging official documents), but illegal entry into Mexico, <em>per se</em> is never a crime, unlike the situation in U.S. immigration law, where illegal entry is both illegal and also a crime in many (but not all) circumstances.</p>
