Prepare my trip to Mexico

Frequently asked questions 馃憠

What happens if I do not have an immigration document?

Your rights are limited and due to this, you may have to confront certain obstacles, such as:

  • Difficulties in receiving medical attention
  • Difficulties in initiating your studies
  • Difficulties in opening a bank account and receiving money from abroad
  • Risk of being deported to your country of origin at any moment
  • Risk of being detained and deprived of your freedom, to then be referred to a detention center for foreigners (immigrant detention center).

What should I do if I need to obtain an immigration document?

You can go to the National Institute of Migration (INM) so that you can be informed on the procedures and requirements that you will need to process your permanent or temporary status in Mexico, however, if you feel more comfortable, you can go to a shelter for migrants, a commission for human rights or a civil society organization like Sin Fronteras that offer support to immigrants.

What can my consulate do for me?

Consular offices are obligated to offer you guidance and assistance, independent of what your immigration status may be- lawful or unlawful- as well as providing you with a consular document to prove your identity, and issue and renew passports.

What should I do if I lose my passport?

You have to go a Public Ministry office (a police station) and make a report regarding the loss of your passport. Then, you should go to your consulate so that they can give you another passport, which will incur a fee. While your passport is being issued, they can give you a consular identity document, which is free.

What should I do if I am detained by a police officer or member of the armed forces?

They should inform you as to why you are being detained.

  • Don鈥檛 give out information until you have been assigned a defense lawyer; the Mexican government provides free defense attorneys.
  • Demand that you be able to contact your consulate; Mexican authorities have the obligation to inform your consulate about the detention of a foreign person as long as this person requests and demands that the consulate be informed.

What rights do I have if I am detained?

  • The right to know the reason for your detention.
  • The right to call a friend of family member.
  • The right to have an interpreter if you don鈥檛 understand or speak Spanish.
  • The right to a lawyer (it could be a public defender, in other words, a lawyer who does not charge a fee. You could also have a private attorney, at your request).
  • Right to medical assistance if you have suffered an injury or illness.
  • Right to not give a statement to the authorities without the presence of a lawyer or someone you trust.
  • Right to not be subjected to violence, physical harm, threats or intimidation by the police, or public or private officials.
  • Right to not self-incriminate, nor be obliged to make a statement that goes against your own best interest or declare your guilt.
  • Right to receive a copy of your statement and read it before signing.

What is the difference between a public defender or attorneys from organizations and an attorney that I pay for myself?

Public defenders are provided by the government. They will be assigned to you if you do not have a private attorney, and their services are free.

It is very important that you know the name and telephone number of your assigned public defender so that you can send him or her documents and also be in continuous communication with that person.

It is very important that you tell your lawyer the following:

  • If you are requesting asylum or you are afraid to return to your country and why you are afraid.
  • Your arrival date in Mexico and how you entered the country.
  • If you have family in Mexico.
  • What kind of work you are currently doing or have done in the past.

  • Attorneys from organizations that focus on immigration law and human rights usually offer their services for free.聽However, it is important for you to contact an organization, such as Sin Fronteras, so that they can follow up on your case.
  • Attorneys from civil society organizations have an ample knowledge of human rights law.
  • If you choose a private attorney, you will have to pay him or her. Try to go to an attorney that can be trusted.
聽

If I am an immigrant worker, what rights do I have?

You have the right to receive fair payment and that the person that hired you respects what he or she agreed to pay you; preferably this should be recorded in some type of written document. You have the right to one day off per week, the right to receive vacation hours, to receive fair treatment from your boss and your colleagues and to not be fired for unjustifiable reasons or due to discrimination. You have the right to work a maximum amount of 8 hours per day and receive payment for any overtime that you work.

*Sin Fronteras IAP does not represent any public or government agency. For more information, please visit the following web site:

https://www.cndh.org.mx/sites/all/doc/cartillas/2015-2016/37-Migrantes-DH.pdf

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