Ernesto Rodríguez Chávez Migration Policy Unit Secretariat of the Interior, Mexico

1. Trends in the Irregular Migration of African and Asian Nationals in Transit through Mexico toward the United States Dialogue meeting between Member States of RCM and some countries of origin on the topic of irregular extra-continental migration flows Mexico City, September 20-21, 2012 Ernesto Rodríguez Chávez Migration Policy Unit Secretariat of the Interior, Mexico

2. Objectives: • To present some trends in irregular migration flows from Africa and Asia to Mexico seeking to cross the border to the United States. • To discuss, in a regional context, the current difficulties faced by Government of Mexico to appropriately address these extra-continental irregular migration flows. 1

3. Context: Mexico, a Transit Country for Irregular Migrants • Mexico is one of the countries with the highest numbers of irregular migrants in transit worldwide. • Due to its geographic proximity to the United States, sharing more than 3,000 km of borders and with the current strict air control actions,Mexican territory is the primary point of entry of irregular migrants to the US. • The majority of irregular migrants that arrive in the US by land travel through Mexico. Most migrants come from the region – Central America and, to a lesser degree, South America and the Caribbean. 2

4. Context: Mexico, a Transit Country for Irregular Migrants • These flows are associated to the dynamics of labour markets in the region and the economic, social, and political situations in the countries of origin of migrants, as well as the strengthening of social networks that permanently connect countries of origin and destination of migrants. • Irregular migration flows in the region occur beyond migration policies shaping the routes and characteristics of the movements of migrants. • The primary achievements in terms of policies to address irregular migration have been based on cooperation and agreements between involved countries, as shown by the improved management for the dignified, orderly, and safe return of migrants; appropriate assistance for the most vulnerable groups; and actions to combat migrant smuggling and trafficking. 3

5. Irregular Migration in Mexico Irregular foreign nationals sheltered in migration stations in Mexico, by region Central America historically accounts for 92-95% of the total number of migrants detained in Mexico 2011 January-July 2012 4 Source: Boletín de estadísticas migratorias, Centro de Estudios Migratorios, UPM, SEGOB, INM.

6. Irregular Migration in Mexico Irregular foreign nationals sheltered in migration stations in Mexico, 2000 - 2011 January-July 2012 55,623 An increase compared to 2011 34 % A decrease in 2011-2005 - 72 % Source: Boletín de estadísticas migratorias, Centro de Estudios Migratorios, UPM, SEGOB, INM. Shows a decrease in irregular migration flows of Central American nationals in transit to the US, with an increase in 2012. 5

7. Irregular Asian and African migrants in Mexico Contrary to the general trend of a significant decrease that can be observed in irregular migration of Central American nationals in transit through Mexico in 2006 - 2011, a sustained increase can be observed of African irregular migrants in 2003 - 2010 and Asian irregular migrants in 2009 - 2010. Both flows show a decrease in 2011 -2012. African and Asian irregular migrants sheltered in migration stations in Mexico, 2000 – July 2012 2010-2000 An increase of: 14 times for Africans 2 times for Asians January-July 2012 181 Africa 173 Asia Compared to 2011 - 13% Africa -74 % Asia 6 Source: Boletín de estadísticas migratorias, Centro de Estudios Migratorios, UPM, SEGOB, INM.

8. African and Asian irregular migrants detained by INM and the Border Patrol in the border region with Mexico, 2004 - 2011 6000 INM-Asia INM-África CBP-Asia 5000 CBP-África 4000 3000 Total Total Asia 2000 Total África 1000 0 CBP CBP CBP CBP CBP CBP CBP CBP INM INM INM INM INM INM INM INM 2004 2005 2006 2007 2008 2009 2010 2011 7 Source: Developed based on information from INM and U.S. Border Patrol, Southwest Apprehensions, according to citizenship.

9. Origin and destination of African irregular migrants Sheltered in migration stations in Mexico, by country Returned to their country 11 of 287 4 % 2011 Total 287 Refugees Applicants 74 of 287 26% Granted 29 of 74 39% Source: Boletín de estadísticas migratorias, Centro de Estudios Migratorios, UPM, SEGOB, INM. 76% of the total number of migrants are from Eritrea and Somalia, countries affected by difficult situations of internal conflict. 8

10. Primary African countries of origin of irregular migrants in Mexico A significant increase in nationals from Eritrea and Somalia can be observed for 2004 - 2010. In general, the irregular arrival of Africans decreased 78% in 2011 compared to 2010. Sheltered in migration stations in Mexico, by country and year January-July 2012 40 Eritrea 93 Somalia 4 Ethiopia Total 181 Compared to 2011 Eritrea - 63% Somalia + 60% Total - 13% Source: Boletín de estadísticas migratorias, Centro de Estudios Migratorios, UPM, SEGOB, INM. 9

11. Migration routes of African irregular migrants to Mexico/USA Various routes from Africa to Europe, Dubai, or South Africa, then to the Caribbean islands or South America, according to the visa requirements in different countries, seeking points of entry to the continent. Then continue their journey by land or another way, hiring migrant smugglers or on their own, to reach Guatemala or Belize and then cross over to Mexico by land (on foot) or by boat, and then on to the US. Many arrive as refuge seekers, but with the US or Canada as their real final destination. 9

12. Origin and destination of Asian irregular migrants Sheltered in migration stations in Mexico, by country 2011 Total 830 Returned to their country 149 of 830 18 % Refugees Applicants 97 de 830 12% Granted 52 de 97 54% Source: Boletín de estadísticas migratorias, Centro de Estudios Migratorios, UPM, SEGOB, INM. 11

13. Primary countries of origin of Asian irregular migrants in Mexico A significant increase can be observed in the number of nationals from China for 2001 - 2005 and from India in 2009 -2010. In general, the arrival of Asian irregular migrants decreased 21% in 2011, compared to 2010. Asian irregular migrants sheltered in migration stations in Mexico, by country and year January-July 2012 67 India 35 China Total 830 Compared to 2011 India – 91% China – 52% Total – 74% Source: Boletín de estadísticas migratorias, Centro de Estudios Migratorios, UPM, SEGOB, INM. 12

14. Routes of Asian irregular migrants to Mexico/USA Chinese nationals travel via Moscow or another European country to the Caribbean islands, then Cancún, Guatemala, or Belize; or China-Dubai-Brazil or Ecuador to Central America, cross over to Mexico by land (on foot) or by boat. Nationals from India travel through Hong Kong or Macao and then Dubai, or directly to Dubai, then to Ecuador or Central America, taking advantage of the lack of visa requirements of some countries in recent years. Then continue their journey toward the southern region of Mexico by land or air. The majority of Asian nationals use migrant smuggling networks, travelling by air with connections in several countries and involving high costs. 13

15. Migration policy in Mexico to address irregular migration flows from Africa and Asia • The general procedure is followed for foreign nationals detained in national territory without the required immigration documents: sheltering them in a migration station, providing the guarantees established by relevant legislation, and initiating the process to return them to their country of origin. • Those coming from countries with internal conflict or other countries with a justified reason are offered the possibility of initiating a procedure to apply for refugee status, complementary protection, or regularization for humanitarian reasons. This procedure is also followed for applicants. • For countries for which UNHCR has issued specific guidelines to be considered in asylum applications, if refugee status is not granted a permit is issued to enable them to regularize their migration status in Mexico through complementary protection or another permit for humanitarian reasons. This was implemented for nationals from Liberia and Sudan in 2006; Iraq and Nepal in 2007; Sierra Leone in 2008; Eritrea, Sri Lanka, and Afghanistan in 2009; Somalia in 2010, and Libya in 2011. • Nationals from countries that are unable to obtain an identity or travel document for their return because the consulate in Mexico or another country did not issue such documents are granted a permit to exit the migration station in order to regularize their migration status, since no foreign national may stay in a migration station for more than 60 business days, as established in relevant current legislation. 14

16. Fundamental issues in providing assistance to African and Asian irregular migrants • Absence of consulates of many of the African and Asian countries in Mexico to obtain the required safe-conducts. • Are not recognised by their consulates. • Have a special nationality due to the existing conditions in their country of origin. • High costs involved in assisting or returning migrants to their country of origin, in the cases where a safe-conduct is obtained enabling them to travel. • The vast majority tries to reach the USA or Canada travelling through Central America and/or Mexico, including asylum and refuge seekers. • An increase in migrant smuggling and trafficking. • Inappropriate use of visa exemptions by some countries, and of the figure of asylum/refugee status. • Complexities in differentiating between real refuge seekers and migrants for economic reasons. • The need to establish regional cooperation mechanisms and cooperation with countries of origin to address the specific situations of extra-continental migrants. 15