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 News Around the Republic of Mexico | March 2007 
Court Rules on Foreign Deportee
 Kelly Arthur Garrett - Herald Mexico
| | The court´s action will ensure that any non-citizen told to leave the country can stay long enough to confirm the order´s legality. |
Foreigners expelled by government officials will now have the right to have their cases reviewed before they have to leave the country, the Supreme Court ruled Monday.
In a unanimous decision, the court ministers said the nation´s "amparo" laws must apply to foreigners facing deportation by the Interior Secretariat or the National Migration Institute (INM).
An amparo is a form of legal protection.
In this case the amparo refers to a stay of execution while the validity of a deportation order is reviewed by a judge.
Supreme Court Minister Genaro Góngora Pimentel said the ruling is intended to prevent "irregular" expulsions of foreigners in the future.
ROOTS IN ATENCO
The case grew out of the events in San Salvador Atenco last May, when two Chileans, two Spaniards and a German were expelled from the country for being caught near the scenes of rioting and demonstrations that occurred in that State of Mexico town.
A federal judge ruled at the time that there were no grounds to deport the foreigners, but INM authorities did so anyway.
The new rule will not apply to foreigners expelled from the country under Article 33 of the Constitution, which gives the president a free hand to deport any non-citizen he deems "inconvenient."
That presidential power, though not often exercised, will remain unaffected by the court´s ruling.
POWER OF APPEAL
Deportations ordered by migration officials, however, will fall under the new ruling.
The court´s action will ensure that any non-citizen told to leave the country can stay long enough to confirm the order´s legality. |
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