STATEMENT FROM THE GOVERNMENT OF MEXICO REGARDING THE U.S. SUPREME COURT RULING ON THE CASE ARIZONA VS. UNITED STATES

 

The Government of Mexico takes note of the U.S. Supreme Court ruling issued today in the case Arizona vs. United States on Arizona’s SB1070.  As we have repeatedly stated, Mexico has always reaffirmed the right of every nation to pass and enforce its own laws within its territory. In this regard, the Government of Mexico recognizes the Court's ruling pertaining sections 3, 5(c), and 6 of the law which, having been declared unconstitutional will remain enjoined. The last of these sections was intended to authorize local authorities to arrest without a warrant any person where there was “probable cause” to believe that he or she could be subject to being removed from the United States.

However, the Government of Mexico regrets that the Court has not found, in principle, elements to declare section 2(b) of SB1070 unconstitutional based on Federal preemption. This section empowers state authorities in cases of any detention or arrest to verify, under certain circumstances, the migratory status of individuals. In this regard, the Government of Mexico notes that the decision of the Court will allow the section to be challenged once it enters into force and as lower courts establish the criteria for its implementation.

Since April 2010, Mexico has firmly stated that SB1070 and similar laws do not acknowledge the numerous contributions of migrants to their communities, that they entail high political costs and do not contribute to a better understanding between our two societies. The implementation of these state laws could result in violations of the civil rights of Mexican nationals residing in or visiting states where these laws have been approved.

This ruling, along with the subsequent interpretation by U.S. courts of the section that was upheld, will have broad legal and political implications.  In addition, there are still additional processes and ongoing legal recourses against SB1070 and similar legislation passed in other states. The Government of Mexico has supported each claim brought by the U.S. Federal Government and American NGO and other actors against SB1070, under the guise of “Friend of the Court”, with the support of several Latin-American countries.

The Government of Mexico will continue to advocate the adoption of programs that reflect the complementarity of the economies and labor markets in North America. To promote the well-being, prosperity and competitiveness in the region, migration must be legal, safe, orderly, and respectful of human rights. In addition, working with U.S. political actors and civil society organizations, the Government of Mexico will continue to promote an objective and respectful vision of Mexican communities in the United States.

The Government of Mexico, through its Embassy and its Consular network in the United States, will continue to keep Mexican communities appropriately informed about the scope and impact of the decision adopted today and of those that will be taken in the following stages of pending legal procedures. Furthermore, it will also continue to resort to all legal, political and diplomatic actions within its power to defend the fundamental rights of Mexicans in the US, regardless of their migratory status.