Mexico and Venezuela: Residence status of Venezuelan refugees and transiting migrants in Mexico, including requirements and procedures to apply for residence status; rights and obligations associated with residence status; documents issued (2016-May 2018)

Research Directorate, Immigration and Refugee Board of Canada, Ottawa

1. Overview

The website of the Mexican Commission for Refugee Assistance (Comisión Mexicana de Ayuda a Refugiados, COMAR), the government agency responsible for adjudicating refugee claims made in Mexico, provides the following statistics on Venezuelan refugee claims:

(Mexico 6 Oct. 2017)

2018 sources indicate that [translation] "most" Venezuelans are recognized as refugees in Mexico (CMDPDH 11 May 2018; Sin Fronteras 14 May 2018).

2. Refugee Status

Sources indicate that, in Mexico, Venezuelan citizens, like any other foreigner, can apply for refugee status (SMR 11 May 2018; CMDPDH 11 May 2018; Mexico 2012, Art. 8). Sources indicate that a refugee claim must be filed within 30 working days of entering the country (Mexico 2011, Art. 18; CMDPDH 11 May 2018). If a refugee claim is filed after 30 days, the claimant must explain the reasons for the delay (CMDPDH 11 May 2018; Sin Fronteras 14 May 2018). In correspondence with the Research Directorate, a representative of the Mexican Commission for the Defence and Promotion of Human Rights (Comisión Mexicana de Defensa y Promoción de los Derechos Humanos, CMDPDH) [1] indicated that Mexican authorities waive this time limit for Venezuelan citizens because they are considered refugees "sur place" due to deteriorating country conditions in Venezuela (CMDPDH 11 May 2018). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Sources indicate that COMAR has 45 working days to render a decision on a refugee claim (Mexico 2012, Arts. 38, 45; Asylum Access 14 May 2018). However, sources indicate that due to the earthquake in September 2017 in Mexico City, COMAR suspended the time limit to adjudicate cases (Mexico 17 Nov. 2017; CMDPDH 11 May 2018). In correspondence with the Research Directorate, a representative of Scalabrinianas Misión con Migrantes y Refugiados (SMR), a Mexican NGO dedicated to supporting migrants, refugees, and human rights defenders (SMR n.d.), stated that the adjudication can take longer than 90 days (SMR 11 May 2018). According to the CMDPDH representative, some cases can take up to 11 months to be adjudicated by COMAR (CMDPDH 11 May 2018).

The CMDPDH representative indicated that a refugee claim can be filed at one of COMAR's offices (CMDPDH 11 May 2018). COMAR's offices are located in Mexico City, Chiapas, and Veracruz (CMDPDH 11 May 2018; Mexico n.d.a). In places where there are no COMAR offices, refugee claims can be filed with the National Institute for Migration (Instituto Nacional de Migración, INM) (CMDPDH 11 May 2018; SMR 11 May 2018; Asylum Access 14 May 2018). The INM is the government agency responsible for immigration matters (Mexico n.d.b). In Mexico City, COMAR assigns 15 spots per day from Monday to Thursday in order to file a refugee claim (CMDPDH 11 May 2018). According to the CMDPDH representative, refugee claimants have to line up in the early morning in order to secure a spot (CMDPDH 11 May 2018). When a person files a refugee claim, COMAR issues a document to the claimant that indicates that a refugee claim has been initiated (CMDPDH 11 May 2018; SMR 11 May 2018). The refugee claimant is required to report every week at the COMAR office and sign a log book (SMR 11 May 2018) in order to demonstrate their ongoing interest in the case (CMDPDH 11 May 2018; Sin Fronteras 14 May 2018). The website of the Ministry of the Interior (Secretaría de Gobernación, SEGOB) indicates that, until COMAR adjudicates the case, a refugee claimant cannot move to other states within Mexico without COMAR's authorization (Mexico 17 Nov. 2017).

2.1 Detention

Sources indicate that individuals who are detained by the INM are sent to a "migration station" (estación migratoria) for removal (SMR 11 May 2018; CMDPDH 11 May 2018). Those who are refused entry by the INM at airports are also sent to a migration station for removal (CMDPDH 11 May 2018). Sources indicate that asylum seekers who are detained at a migration station can indicate to the INM that they wish to file a refugee claim (CMDPDH 11 May 2018; SMR 11 May 2018). The CMDPDH representative indicated that, in this situation, the INM notifies COMAR and the person is placed in [translation] "alternative detention," meaning that he or she is released while the refugee case is adjudicated (CMDPDH 11 May 2018). The SMR representative indicated that, in coordination with the UNHCR, those in "alternative detention" are placed in shelters for migrants where they can continue with their refugee application (SMR 11 May 2018). The CMDPDH representative indicated that alternative detention is available only in Mexico City and is not necessarily available for detained persons in other parts of the country (CMDPDH 11 May 2018). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

Sources indicate that Venezuelan citizens face challenges when arriving at international airports in Mexico and some of them have been refused entry and removed (CMDPDH 11 May 2018; Animal Político 4 Mar. 2018) including, in one case, after requesting refugee status (Sin Fronteras 14 May 2018). Sources report cases in which Venezuelan citizens who were refused entry at international airports were denied the opportunity to make a phone call or to contact the Venezuelan embassy while they were awaiting removal (Animal Político 4 Mar. 2018; PanAm Post 21 Mar. 2018). In an interview with Animal Político, a Mexican news source, and Newsweek, an INM representative indicated that [translation] "'only those who do not meet the requirements set out by law to enter the country are refused entry at the airport'" (Animal Político 4 Mar. 2018). The INM representative also indicated that [translation] "'[i]f a foreigner requests refugee status from the INM as soon as he or she arrives at the airport, the INM will direct the person to the competent authority, which is COMAR. However, [some foreigners] are not clear in their declarations'" (Animal Político 4 Mar. 2018). According to statistics produced by the SEGOB for the year 2017, 80 out of 80,353 removals were of Venezuelan citizens (Mexico Jan. 2018, Table 3.2.1).

Further information on Venezuelan migrants transiting through Mexico could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

3. Documents

For information on documents issued to migrants transiting through Mexico, including exit permits, see Response to Information Request ZZZ106056 of March 2018.

3.1 Visitor's Provisional Document with Permission to Engage in Paid Employment

Sources indicate that when a person has been detained by the INM and is placed under alternative detention upon filing a refugee claim, the INM provides the person with a document called Visitor's Provisional Document with Permission to Engage in Paid Employment (Documento Provisional de Visitante con Permiso para Realizar Actividades Remuneradas) [hereafter called the Visitor's Provisional Document] (Sin Fronteras 16 May 2018; CMDPDH 11 May 2018), which is valid for 45 days, is renewable, and allows the person to remain in Mexico (CMDPDH 11 May 2018). A copy of the Visitor's Provisional Document provided by the CMDPDH representative is attached to this Response (Attachment 1). In correspondence with the Research Directorate, a representative of Sin Fronteras, IAP (Sin Fronteras), a civil society organization based in Mexico that promotes the rights of migrants and those under international protection (Sin Fronteras n.d.), indicated that the Visitor's Provisional Document is renewable for as long as COMAR adjudicates the refugee claim (Sin Fronteras 16 May 2018). However, the same source indicated that in order to renew the Visitor's Provisional Document, the person must obtain a certificate from COMAR that states that the refugee claim is pending and, given the suspension of time limits after the September 2017 earthquake, COMAR takes longer to issue these certificates and sometimes does not issue them at all (Sin Fronteras 16 May 2018). Corroborating information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. According to the CMDPDH representative, the refugee claimant who received the Visitor's Provisional Document is required to report every week at the INM to sign a log book, in addition to their weekly signature of a log book at COMAR (CMDPDH 11 May 2018).

3.2 Visitor for Humanitarian Reasons Card

Sources indicate that once a person files a refugee claim with COMAR, he or she can apply for a Visitor for Humanitarian Reasons (Visitante por Razones Humanitarias) card while COMAR adjudicates the case (SMR 11 May 2018; CMDPDH 11 May 2018). A copy of a sample card is attached to this Response (Attachment 2). The INM website indicates that refugee claimants must provide the following documents in order to obtain the Visitor for Humanitarian Reasons card:

• passport or the document used to enter Mexico;
• valid visitor's card (Forma Migratoria Múltiple, FMM); and
• a copy of the document issued by COMAR that indicates that a refugee claim has been filed (Mexico 19 May 2016).

The same source indicates that the card is valid for up to one year and can be renewed as many times as necessary while the case is being adjudicated (Mexico 19 May 2016). According to the SEGOB, Venezuelan citizens rank fourth among those who received a Visitor for Humanitarian Reasons card in 2017, with 1,626 recipients, following Haitians (2,552), Hondurans (2,013), and Salvadorans (1,713) (Mexico Jan. 2018, Table 2.10.1).

Sources indicated that holders of a Visitor's Provisional Document are not eligible to apply for a Visitor for Humanitarian Reasons card (CMDPDH 11 May 2018; SMR 11 May 2018). The SMR representative explained that since the person has a detention record and an administrative process for removal on hold until COMAR adjudicates the case, he or she will not be able to apply for the Visitor for Humanitarian Reasons card (SMR 11 May 2018).

4. Rights and Obligations

Sources indicate that holders of a Visitor for Humanitarian Reasons card are eligible to engage in paid employment (Mexico 19 May 2016; SMR 11 May 2018) and access public education and health care (CMDPDH 11 May 2018). Holders of a Visitor's Provisional Document are also eligible to the same services (CMDPDH 11 May 2018). Sources indicate, however, that holders of a Visitor for Humanitarian Reasons card or a Visitor's Provisional Document experience barriers accessing employment (CMDPDH 11 May 2018; SMR 11 May 2018). Sources also indicate barriers to accessing education and health care (Sin Fronteras 16 May 2018; CMDPDH 11 May 2018). According to the CMDPDH representative, CMDPDH has documented cases of holders of a Visitor for Humanitarian Reasons card who have been denied access to health services for not having a Population Registry Code (Clave Única de Registro de Población, CURP) [2] (CMDPDH 11 May 2018). The same source also indicated that some schools do not formally approve the school year for children of Visitor for Humanitarian Reasons card holders until they produce their CURP (CMDPDH 11 May 2018). Sources indicated that, in such cases, local NGOs have to intercede before public institutions in order to obtain services (CMDPDH 11 May 2018; Sin Fronteras 16 May 2018). Information on the impact of local NGOs' intervention could not be found among the sources consulted by the Research Directorate within the time constraints of this Response. Sources indicated that holders of a Visitor's Provisional Document experience more barriers in accessing services as that document is a "printed paper," which confers it less credibility (Sin Fronteras 16 May 2018; CMDPDH 11 May 2018). According to the CMDPDH representative, employers are wary of this document because they do not know it (CMDPDH 11 May 2018). According to the SEGOB website, if a refugee claimant needs to access health care services in Mexico City or has experienced problems enrolling their children in schools, he or she may contact COMAR to receive assistance (Mexico 17 Nov. 2017). Additional information could not be found among the sources consulted by the Research Directorate within the time constraints of this Response.

5. Permanent Residency

Sources indicate that when a person is granted refugee status or complementary protection, he or she can apply for permanent resident status and, with this status, apply for a CURP (Mexico 17 Nov. 2017; SMR 11 May 2018).

This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of sources consulted in researching this Information Request.

Notes

[1] The CMDPDH is a civil society organization with consultative status at the UN and the Organization of American States (OAS) that works on advocacy, research, and the promotion of human rights in Mexico (CMDPDH n.d.).

[2] The CURP is an 18-digit alphanumeric code card issued to people residing in Mexico, whether Mexican citizens or foreigners, as well as Mexican citizens abroad (Mexico 14 Dec. 2015).

References

Animal Político. 4 March 2018. Manu Ureste. "Venezuela huye del hambre y busca refugio en México." [Accessed 15 May 2018]

Asylum [Access. 14 May 2018. Correspondence from a representative to the Research Directorate.

Comisión Mexicana de Defensa y Promoción de los Derechos Humanos (CMDPDH). 11 May 2018. Telephone interview with a representative.

Comisión Mexicana de Defensa y Promoción de los Derechos Humanos (CMDPDH). N.d. "¿Quiénes somos?" [Accessed 15 May 2018]

Mexico. January 2018. Secretaría de Gobernación (SEGOB), Unidad de Política Migratoria. Boletín mensual de estadísticas migratorias 2017. [Accessed 10 May 2018]

Mexico. 17 November 2017. Secretaría de Gobernación (SEGOB), Comisión Mexicana de Ayuda a Refugiados (COMAR). "Preguntas frecuentes sobre el impacto de la supsensión de plazos y términos en las solicitudes de reconocimiento de la condición de refugiado." [Accessed 22 May 2018]

Mexico. 6 October 2017. Secretaría de Gobernación (SEGOB), Comisión Mexicana de Ayuda a Refugiados (COMAR). Estadísticas COMAR 2013-2017. [Accessed 10 May 2018]

Mexico. 19 May 2016. Secretaría de Gobernación (SEGOB), Instituto Nacional de Migración (INM). "Preguntas frecuentes para solicitar el cambio a visitante por razones humanitarias." [Accessed 7 May 2018]

Mexico. 14 December 2015. Secretaría de Gobernación (SEGOB). "Clave Única de Registro de Población: CURP." [Accessed 15 May 2018]

Mexico. 2012. Reglamento de la Ley sobre Refugiados y Protección Complementaria. [Accessed 16 May 2018]

Mexico. 2011 (amended 2014). Ley sobre Refugiados, Protección Complementaria y Asilo Político. [Accessed 28 May 2018]

Mexico. N.d.a. Secretaría de Gobernación (SEGOB), Comisión Mexicana de Ayuda a Refugiados (COMAR). "Oficinas y delegaciones de la COMAR en México." [Accessed 15 May 2018]

Mexico. N.d.b. Instituto Nacional de Migración (INM). "¿Qué hacemos?" [Accessed 1 June 2018]

PanAm Post. 21 March 2018. Orlando Avendaño. "Venezolanos denuncian maltratos y deportaciones de México." [Accessed 9 May 2018]

Scalabrinianas Misión con Migrantes y Refugiados (SMR). 11 May 2018. Correspondence from a representative to the Research Directorate.

Scalabrinianas Misión con Migrantes y Refugiados (SMR). N.d. Facebook. "About." [Accessed 28 May 2018]

Sin Fronteras, IAP (Sin Fronteras). 16 May 2018. Correspondence from a representative to the Research Directorate.

Sin Fronteras, IAP (Sin Fronteras). 14 May 2018. Correspondence from a representative to the Research Directorate.

Sin Fronteras, IAP (Sin Fronteras). N.d. "¿Quiénes somos?" [Accessed 15 May 2018]

Additional Sources Consulted

Oral sources: Mexico – Comisión Mexicana de Ayuda a Refugiados, Instituto Nacional de Migración.

Internet sites, including: Amnesty International; ecoi.net; El Espectador; El Tiempo; Factiva; Freedom House; Human Rights Watch; International Crisis Group; Keesing's Documentchecker; NOTIMEX; US – Department of State; Venezuela – Embassy in Mexico City; Washington Office on Latin America.

Attachments

1. Mexico. N.d. Secretaría de Gobernación (SEGOB), Instituto Nacional de Migración (INM). "Documento Provisional de Visitante con Permiso para Realizar Actividades Remuneradas." Sent to the Research Directorate by the CMDPDH representative.
2. Mexico. 8 November 2012. "Anexo 2: Documento Migratorio." Circular referente a los documentos migratorios y los formatos de solicitud de trámite y estadísticos del Instituto Nacional de Migración. [Accessed 15 May 2018]