During the ongoing talks on the border reopening and Covid-19 vaccinations, mostly within the technical working group on migration and development announced on August 25, the United States Government has expressed since that date its intention to re-implement Section 235(b)(2)(C) of its Immigration and Nationality Act. In recent weeks, the talks between the two governments have intensified, particularly due to the migrant caravans.

On behalf of the Mexican government, the Foreign Ministry and the National Migration Institute, an agency of the Interior Ministry, have expressed humanitarian concerns with respect to the U.S. asylum procedure under this section of its immigration law.

In the conversations of the bilateral working group, the Government of Mexico has reiterated the importance of accelerating the development cooperation programs in southern Mexico and northern Central America to address the structural causes of migration. The Mexican Agency for International Development Cooperation (AMEXCID) and the U.S. Agency for International Development (USAID) have shared information and success stories and will start a pilot program in Honduras in the near future to advance the binational efforts on this topic.

Regarding possible re-implementation of Section 235 (b)(2)(C), Mexico has underscored the need to improve conditions for migrants and asylum seekers, so that they have better legal advice during their immigration procedures, which must be carried out as expeditiously as possible. 

Mexico has communicated to the United States that migrants must have access to medical care and Covid-19 vaccinations to protect their right to health and prevent the spread of Covid-19 in the communities on both sides of the border. In addition, Mexico has highlighted the importance of respecting the vulnerability criteria for groups of people such as unaccompanied minors, pregnant women, those with physical or mental illnesses, the elderly, the LGBT+ community and monolingual indigenous individuals, and others.  

The designated return locations must be respected, taking into consideration both the capacity of the National Migration Institute to provide adequate care to the migrants and the local security conditions.

Mexico considers additional resources from the United States for shelters and international organizations essential for substantially improving conditions for migrants and asylum seekers, and emphasizes that, given the possible re-implementation of Section 235(b)(2)(C), the U.S. Government must address these humanitarian measures promptly. 

The Foreign Ministry, in coordination with the National Migration Institute, awaits a formal response from the U.S. Government in order to guarantee specific conditions that notably improve the conditions for implementing this section of its immigration law.

The Government of Mexico reiterates the importance of strengthening development cooperation to address the root causes of migration. In addition, it reconfirms the goal of administering a migration policy that respects migrants' human rights to achieve orderly, safe and regular migration in the region.