GENERAL DIRECTORATE OF IMMIGRATION CONTROL AND VERIFICATION BYLAWS TO THE IMMIGRATION ACT

VERIFICATION VISIT Definition An action implemented by immigration officers with the aim of verifying strict compliance with the Immigration Act by foreign nationals that are in national territory, at home or at work.

BASIS FOR CONDUCTING A VERIFICATION VISIT Article 92. The Institute shall conduct verification visits to verify that foreign nationals that are in national territory comply with the obligations established in this Act and its bylaws. The assumptions causing the Institute to conduct a visit are as follows: I. To confirm the veracity of the data provided during immigration procedures; II. When it is noticed that the approved period of stay of the foreign national in the country has expired; and III. To obtain the necessary elements to implement this Act, its bylaws and other applicable legal provisions, provided that the actions are justified. The authority to conduct verification visits shall be exercised ex officio, since these are matters of public order. The order for the verification visit should be issued by the Institute and should specify who is responsible for the visit and what staff has been designated to conduct the visit, as well as the location or area to visit, the person to be verified, the scope of the action, and applicable legal provisions that justify and cause it.

If possible, information is collected from neighbours of the domicile. Verification Visit It is not possible to conduct the verification visit due to the following: The domicile does not exist. The property does exist but the enterprise does no longer exist or the person to be verified is unknown. A detailed record is not taken. As many references as possible are gathered at the location to confirm that this is in fact the domicile that was sought. If possible, information is collected from neighbours of the domicile. The designated staff shall submit a detailed report specifying the reason why the verification visit was not conducted.

Immigration Control Action Definition An action implemented by immigration officers along the route or at provisional control points other than the established control posts, with the aim of verifying strict compliance with the Immigration Act and its bylaws by foreign nationals that are staying in national territory. Basis for Conducting an Immigration Control Action Article 97. In addition to the established locations for the international transit of persons, the Institute is authorized to conduct immigration control actions within national territory with the aim of verifying the immigration status of foreign nationals. The order for the immigration control shall be justified, shall be issued by the Institute, and shall specify who is responsible for the action and who is the designated staff to conduct the immigration control action; in addition, the duration of the action and the geographic area or location where the immigration control action is to be carried out. Article 98. If a foreign national is identified, through the immigration control action, that does not hold the required documents proving his or her regular migration status in the country, the immigration officer shall proceed in accordance with the terms established under Article 100 of this Act.

THE PROCESS OF PLACING A PERSON AT THE DISPOSAL OF RELEVANT AUTHORITIES Procedure The authority that carries out the process – as part of its duties or to support the Institute – to place the person at the disposal shall submit the relevant medical certificate as well as migration documents that enable identifying the foreign national and shall inform the immigration authority about the legal situation of this person to enable issuing an appropriate resolution.

BRINGING A PERSON BEFORE THE AUTHORITIES Definition and Basis Article 99. Bringing a foreign national before the authorities at a migration station or other authorized location while his/her migration status in national territory is verified is a public order action. Bringing a foreign national before the authorities is an action established by the Institute agreeing to provide temporary shelter to a foreign national that does not prove to have an appropriate immigration status, with the aim of regularizing the stay or provide assistance for the return. Article 100. When a foreign national is placed at the disposal of the Institute as a result of immigration verification or control actions and some of the assumptions established in Article 144 of the Act are present, a corresponding agreement to bring the person before the authorities shall be issued 24 hours after placing the person at the disposal of the Institute.

Differences BRINGING A PERSON BEFORE THE AUTHORITIES PLACING A PERSON AT THE DISPOSAL OF RELEVANT AUTHORITIES Its primary characteristic is to “deliver” a person and his/her belongings, if applicable, to an immigration authority to enable the authority to authorize temporary accommodation and/or resolve the migration status of this person. An act that may be carried out by any authority or staff member of the Institute. Of a double legal nature: “formal” and “material”. The first one is implemented through an official order and the second one through delivering the person and his/her belongings. BRINGING A PERSON BEFORE THE AUTHORITIES Its main characteristic is that it is an “administrative act” through which a pronouncement is made in regard to the migration status of a foreign national. An act that may exclusively be carried out by INM staff. Its legal nature is only formal, expressed through an agreement.

Issues Addressed by the Directorate of Immigration Resolutions Regularizing foreign nationals that have been brought before the authorities in accordance with the provisions of Paragraph 2, Article 136, Immigration Act Assisted Return Central American nationals vs. Repatriation (C4 Memorandum) Deportation of foreign nationals sentenced by jurisdictional authorities or subject to proceedings Regional visiting foreign nationals and border workers located outside the approved corresponding jurisdiction Issues Addressed by the Directorate of Immigration Resolutions

Article 136 Article 133 Article 134 That the foreign national is at an immigration station That he/she is placed under the assumptions established in Articles 133 & 134 of the Act Showing requirements Article 133 Linked to a Mexican national or foreign national with resident status; Parent or child, or with legal representation or custody by a Mexican national or resident foreign national; A victim or witness of a serious crime that has been committed in national territory; The degree of vulnerability renders deportation or assisted return difficult or impossible; A boy, girl, or adolescent with a removal and international restitution process Article 134 Have been authorized to enter the country in a regular manner but have exceeded the initially approved period of stay, provided that they submit their application within 60 days after the expiration date of the approved period of stay; Have engaged in activities other than those allowed under their approved stay.

Art. 222 In all cases, the immigration authority should initiate the administrative migration procedure. The process should be substantiated by relevant authorities The right to submit evidence and assert their rights Access to the documents contained in the administrative migration record Access to a translator or interpreter to facilitate communication The resolutions issued by relevant authorities should be duly justified

In accordance with Article 43, Paragraph I of the Act, a person that is subject to a proceeding or has been sentenced for a serious crime may be denied admission. In addition, in accordance with Article 144, Paragraph IV, under that assumption a person is subject to being deported. In accordance with Article 48, Paragraphs I, II, & III of the Immigration Act, if a legal authority has issued a precautionary measure for a foreign national, this person may not leave the country freely, provided that the objective of the ruling is to restrict the freedom of movement of the person, that this person is on probation due to being subject to a proceeding, or that this person enjoys preparatory or conditional freedom, unless authorized by relevant authorities. In every case, the intention of deporting a foreign national should be notified to the relevant authority that knows about the case during the legal procedure. When a relevant authority expressly prohibits a foreign national to leave the country due to the confirmation of any of the hypotheses described under Paragraph I, II or III, Article 48 of the Act, immigration authorities may regularize the immigration status of this person.

PROCEDURE OF INM TO DETECT, IDENTIFY, AND ASSIST VICTIMS OF A CRIME Receiving the foreign national and initiating an administrative immigration procedure. An interview is conducted and the questionnaire is used, with the aim of identifying if the person is a potential victim of a crime (recorded in the presence of the person). The person is informed about his/her rights and a delivery agreement is issued if the immigration status of the person is irregular. Referral for health care and counselling (if appropriate), protecting the information about the identity of the person. An official document for the Attorney General’s Office (for crimes that are prosecuted ex officio). If the foreign national wishes to report the crime, referral to relevant authorities to ensure access to justice. Searching and, if appropriate, referring the person to a shelter (mandatory for victims of trafficking). Authorizing the shelter as a temporary place of residence. An agreement through which the person is recognized as a victim of a crime. Official document submitted to the consular representatives informing them that the foreign national has been brought before the authorities and requesting an identity document and/or safe-conduct. Resolution of the administrative immigration procedure. 1) Assisted return 2) Regularization or change of status 3) Granting refugee status or complementary protection Notifying the foreign national of the resolution. [Boys, girls, and adolescents shall be assisted by a Child Protection Officer during every procedure.]