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What happens if I am detained by the immigration authority at the airport?

  • In detention you have the right to be interviewed (Regulation of the Immigration Law, article 42, section I).
  • You cannot be detained in “the little room” or “the bubble” for more than 4 hours.
  • A record will be drawn up in which the immigration authority will establish the grounds, motives, and documents taken into account to authorize your entry into Mexico.
  • You may be sent to the immigration station to continue with your asylum procedure (Regulation of the Immigration Law, article 62, section II).
  • The migratory authorities must immediately inform COMAR of your intention to request asylum in Mexico (Regulation of the Immigration Law, Article 64).

  • Remember: Traveling with the help of “coyotes” can be unsafe, since you risk being abandoned or caught by the border police when crossing the borders of different countries. Even worse, you may be a victim of organized crime.

It is important to know that, if you are detained, you have the right to communicate with your family or friends, to whom you should give as many details as possible about your situation. With this information, they will be able to file a complaint with the National Human Rights Commission (CNDH):

You can watch the video at the following link: https://www.cndh.org.mx/video/como-presentar-una-queja-en-linea-ante-la-cndh

The complaint should include as many details as possible, highlighting your general information, flight itinerary, your desire or not to apply for asylum in Mexico, additional situations of vulnerability and if you identify the Migration agents responsible for having violated your rights.

This complaint can be filed

  • Online: https://atencionciudadana.cndh.org.mx/
  • By telephone: (55)56 81 81 25 and 800 715 2000
  • In person: Periférico Sur 3469, Col. San Jerónimo Lídice, Delegación Magdalena Contreras, C.P. 10200, Mexico City.

1  Complaint online:

  • Enter the website: https://www.cndh.org.mx/
  • Registration confirmation. You can also do it without registering your user, just by clicking on REGISTER COMPLAINT (REGISTRAR QUEJA).
  • To make your complaint, you must fill in the fields with the information requested: Description of the facts that occurred, place or locality where the facts occurred (State/municipality/city hall), authorities you consider responsible, public servants you consider responsible, the data of the person filing the complaint such as name, age, occupation, nationality, telephone, email, address.  You may also indicate whether the person filing the complaint is the affected person or a third party.

 

2  Follow-up to the complaint:

The CNDH must assign a person in charge of providing follow-up to the case and the person who filed the complaint has the right to request his/her name and contact to ask for information. You can also follow up on the CNDH’s telephone numbers.

Additionally, you have the right to approach a lawyer from a civil organization such as Sin Fronteras or, in your case, the Public Defender’s Office. There they can advise you on possible legal actions to take.

Keep in mind that each case is different, so filing a complaint is an important legal action, although it does not guarantee that the detained person will be released immediately.

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

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