Assisting Mexican Nationals: Migratory Implications of Criminal Convictions Consulate of Mexico in Kansas City May, 2018
Legal framework and Mexican consular network Vienna Convention on Consular Relations (1963) Art. 5 Consular functions: (a) protecting interests of State and its nationals; (b) issuing passports and documentation (e) helping and assisting nationals (h) safeguarding the interests of minors Art. 36 Communication and contact with nationals: (b) consular notification; (c) right to consular visits in prisons or detention centers. 50 consular representations in the US 35 million people identify themselves as Mexican or Mexican-American 2
Consulate of Mexico in Kansas City Serves a population of about 500,000 Mexicans. Consulate of Mexico in Kansas City Total population 2,885,505 Mexican population: 247,297 Kansas Missouri Total population: 6,021,988 Mexican population: 147,254 Oklahoma Total population: 3,751,351 Mexican population: 267,016 3
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Link between criminal and immigration processes Dismissal or absolution Bond out Plea bargain or conviction Sentence to prison ICE hold Removal proceedings Release from prison Parole 5
Due process of law in immigration processes Even when a person has finished their criminal sentence, they remain deprived of their liberty until immigration authorities make a decision. Can become a longer process if special conditions of vulnerability exist. Reduced opportunity for legal defense. Individuals do not have the opportunity to reasonably defend their stance or even understand their situation. Enhanced sentences for criminal reentry. Deportation orders imply a mandate not only to leave the U.S., but also to refrain from returning for a certain period. If they come back, they will face criminal charges. This greatly impacts the time and margin of action to procure a safe and orderly repatriation. 6
A perspective based on consular practice Principal charges faced by Mexican nationals: DUI Domestic violence Possession of controlled substances with intent to distribute Sexual offenses Fraud and falsification of documents Manslaughter / murder Child neglect / child abuse Specific challenges based on cultural / language barriers: Plea bargains Jury trials Urge to speed process without understanding implications Interpretation services in court Spanish speaking personnel in prisons 7
A perspective based on consular practice Case 1: sexual offender Finished criminal sentence in Kansas, referred to civil commitment program. Will not be able to complete the program, because not a U.S. citizen. Criminal process still pending, thus ICE cannot place a hold. Case 2: vulnerable person Prisoners receiving medical treatment go through a special repatriation process (dialysis, mental illness). Need to locate families responsible for their care in Mexico. No family members more than 3 years in ICE custody after finishing criminal sentence. Case 3: possession of controlled substances Came to US as a tourist, for a brief period of time. Borrowed a vehicle and did not know what they were carrying. Insists on their innocence, due to lack of understanding of American criminal procedures. Involvement of family members driven by confusion and desperation. 8
Consular work: how we can help Right to Consular Notification: Implications for due process of law. Communication with Mexican nationals: Language and cultural barriers. Help them understand their criminal and immigration processes. Contact with family members in the U.S. or Mexico. Information and orientation during the removal process Somos Mexicanos Legal assistance programs and/or referral (PALE). Capital cases MCLAP 9
International prisoner transfer program Treaty between Mexico and the United States (entered into force in November, 1977). Relieves some of the hardships (closeness to family). Consulates work as a channel of communication with American and Mexican authorities, as well as they help fulfill requirements (e.g. obtain birth certificate). The final authorization is granted by the DOJ in the United States and the Ministry of the Interior (SEGOB) in Mexico. 10
Consular work: resources available Center for Information and Assistance for Mexican Nationals (CIAM) 1 (855) 463-6395 Mobile App MiConsulmex. Contact information. Emergency 24/7 line (816) 695-4062 11
THANK YOU! Contact Information Consulate of Mexico in Kansas City 1617 Baltimore Ave. Kansas City, MO 64108 Phone: (816)556-0800 conkansas@sre.gob.mx Head of Consular Protection Department: Desirée Colomé-Menéndez Ext. 720 dcolome@sre.gob.mx Consulado de México en Kansas City @ConsulMexKansas http://consulmex2.sre.gob.mx/kansascity 12