B I N A T I O N A L S T U D Y

E S T U D I O B I N A C I O N A L

Few issues hold greater implications for bilateral relations between Mexico and the United States than does migration. As a member of this team recently wrote, "the tension created by migration from Mexico to the United States is perhaps the most intractable theme in the relationship between the two neighbors, one highly developed, the other less developed. At times, the friction between the two countries over this issue is modest and, at others, incandescent, but it is never absent" (Weintraub 1997:284).

Migration from Mexico to the United States is more than one hundred years old. This history is replete with efforts by one or both countries to regulate the movements northward. Sharing one of the longest land borders between two countries with disparate earnings and income levels, Mexico and the United States have found many ways to address migration concerns. Table I-1 gives a brief summary of policies in the major historical periods of Mexican migration to the United States.

Over the years, when labor shortages have grown as a result of war or other factors, unilateral recruitment and such bilateral agreements as the Bracero Program have resulted in large-scale movements of Mexican workers into the United States. When economic conditions have reduced the need for additional labor, created anxieties among U.S. workers, or made it difficult for migrants to find work, large-scale repatriation has occurred, sometimes by U.S. government

action and with Mexican government assistance to returnees.

During the past two decades, unauthorized migration between the two countries has tended to dominate the policy agenda on Mexico to United States migration (Bean et al. 1997). Through much of the period from 1975 to 1986, U.S. authorities debated what would be the best approach to reduce unauthorized migration. Eventually, in 1986, Congress passed IRCA, which adopted a variation of the grand compromise that had been advanced by such bodies as the congressionally-mandated Select Commission on Immigration and Refugee Policy: employer sanctions and mass legalization. Because the largest national group in the unauthorized immigrant population was from Mexico, both of these provisions were seen as having a major impact on Mexicans.

IRCA had significant intended and unintended consequences for Mexico to United States migration. The size of the Mexican population in the United States

increased dramatically during the late 1980s and early 1990s due to IRCA's legalization provisions. Starting in 1987, about 1.7 million long-term unauthorized migrants and an additional 1.3 million unauthorized Special Agricultural Workers [SAWs] applied for legalization under the amnesty provisions of IRCA.

MEXICOESTADOS UNIDOS SOBRE MIGRACION

MIGRATION BETWEEN MEXICO & THE UNITED STATES

Table I-1.

Major

Historical

Periods in

Mexico-to-

United States Migration

1870-1890 U.S. recruitment for southwestern rails and agriculture, Mexican Consular Law of 1871 provides for protection of Mexicans abroad with respect for local sovereignty;

1891-1917 U.S. laws restrict Mexican (and Canadian) land admissions, U.S. World War I recruitment (including some Canadians and Bahamians), Mexican Consular report of salary abuses of Mexican workers in U.S. (Gomez Arnau 1991);

1920s U.S. Border Patrol established, undocumented entry considered a misdemeanor with penalties attached, and exclusions of Mexicans on "public charge provisions" are common;

1929-1933 U.S. Depression-times repatriation of Mexicans partly funded by Mexican and private aid groups with frequent promotion by Mexican consulates (Gamio 1930);

1940s World War II era Bracero agricultural workers program begun, jointly negotiated by both governments (also a smaller railroad program from 1943-1946);

1951-1952 Upon third renewal of Bracero program, Mexico suggests U.S. measures against the employment of unauthorized workers, but U.S. adopts "Texas Proviso" making it a felony to import "illegal aliens" while exempting employers from culpability (García y Griego 1981);

1954 Negotiations for a new Bracero agreement break down though U.S. continues recruitment, Mexican government attempts unsuccessfully to stop outmigration, massive U.S. deportations of unauthorized workers under "Operation Wetback;"

1964 Termination of the Bracero program;

1980s U.S. Immigration Reform and Control Act of 1986 [IRCA] imposes sanctions on employers who knowingly hire unauthorized workers and legalizes two million unauthorized residents, U.S. Asencio Commission recommends economic development to address unauthorized flow, Mexico reinforces and expands its consular protection of Mexicans abroad;

1990s Bilateral dialogue on migration increases, North American Free Trade Agreement [NAFTA] signed, U.S. strengthens border control, new U.S. laws expedite removal of unauthorized migrants and restrict welfare benefits to legal immigrants, the Mexico/U.S. Binational Study on Migration is established.

B I N A T I O N A L S T U D Y

E S T U D I O B I N A C I O N A L

Most of these persons had already been in the U.S.; during the 1990s, their close family members began to obtain legal status in sizeable numbers. INS reports that nearly 1.6 million Mexicans were admitted as legal U.S. residents between 1981 and 1990; an additional 1.5 million were admitted in Fiscal Years 1991 -1995. Beginning in 1995, the number of Mexican immigrants becoming citizens also increased substantially, at least in part because those legalizing their status under IRCA became eligible for naturalization.

At the same time, unauthorized migration continued, pointing to weaknesses in IRCA's enforcement approach. A proliferation of fraudulent documents permitted unauthorized workers to obtain jobs despite the requirement that employers check the employment authorization of new hires. After an initial decline in border apprehensions, the number of apprehended migrants began to climb and returned to almost pre-IRCA levels, with 1.3 million apprehensions in 1995.

The continuing unauthorized entries, not only of Mexicans, but also other nationalities, led to passage of the Illegal Immigration Reform and Immigrant Responsibility Act [IIRIRA] of 1996. Building in part on IRCA's provisions, the new legislation augmented border controls, required new pilot programs to test more secure forms of employment verification, clarified eligibility for public benefit programs, bars unauthorized residents for three or ten years from legal admission, and made sweeping changes in provisions for the removal of unauthorized migrants. In conjunction with two other new lawsthe Antiterrorism and Effective Death Penalty Act of 1996 [AEDPA] and the Personal Responsibility and Work Opportunity Reconciliation Act of 1996 [Welfare Reform Act]IIRIRA represents a new phase in recurrent efforts by the U.S. government to address migration issues.

The last two decades also brought different measures on the part of Mexico. Some were internal, such as the border-industry or Maquiladora Program that was intended to absorb workers returning from the Bracero program. Yet, most measures were directed to strengthen and broaden the consular protection of Mexicans in the United States. More Mexican consular offices have been opened in the United States, mobile consulates reach out to Mexicans outside of the major cities, and more personnel have been dedicated to the protection of Mexican nationals. Consular officers have increased their visits to U.S. worksites and Migrant Detention Centers. Hospitals and jails are likewise included in regular visits. These visits provide an opportunity for consular officers to assist

migrants in their relations with U.S. authorities and nationals, to advise migrants on U.S. laws, to help recover unpaid salaries or solve other labor-related problems, and to assist migrants to contact their relatives in Mexico or the U.S.

MEXICOESTADOS UNIDOS SOBRE MIGRACION

MIGRATION BETWEEN MEXICO & THE UNITED STATES

Despite the continuity reflected in these legislative initiatives and protection policies, the overall context for addressing migration issues between the two countries has shifted markedly. The 1990s brought closer relations and a cooperative economic relationship after the 1993 approval of the North American Free Trade Agreement [NAFTA] between Mexico, the United States, and Canada. NAFTA alone will not solve the problems of unauthorized migration although increased trade and economic development continue to pose the best hope for reducing migration pressure in the long run.

The two governments are engaged, as never before, in working together to solve common problems. Binational working groups meet regularly to coordinate and cooperate on issues ranging from facilitating border crossing to antismuggling initiatives. A further measure of these new arrangements can be seen in new responses. In contrast to earlier periods, when the U.S. acted unilaterally and Mexico was largely silent regarding U.S. legislation, both governments promote dialogue through various bilateral groups and mechanisms, including the summit meeting between Presidents Zedillo and Clinton in May 1997.

This study itself derives from the new spirit of cooperation. After a meeting of the Migration and Consular Affairs Group of the Mexican-United States Binational Commission in March 1994, the governments of Mexico and the United States agreed to undertake a joint study of migration between the two countries. The main objective of the Mexico/United States Binational Study (1995-1997) is to contribute to a better understanding and appreciation of the nature, dimensions, and consequences of migration from Mexico to the United States. It also provides an opportunity to identify options to respond to these movements.

This study is the joint effort of a team of twenty researchers, ten from each country. They have worked in five subgroups focusing on distinct elements of the migration phenomenon: quantification of the scale of migration between Mexico and the United States; characteristics of the migrants; the factors that cause, sustain, or hinder migration; the impacts on the two countries; and the responses adopted individually or jointly by Mexico and the United States. The study team reviewed existing research conducted on migration between Mexico and the United States, and it generated new data and analysis conducted by team members and outside consultants to the project. The research team also undertook site visits to Mexican and U.S. communities experiencing the effects of migration in order to gain a joint understanding of the issues raised in this study.