Decree amending various articles of the Migration Law and of the Law on Refugees, Complementary Protection and Political Asylum regarding migrant children

Decree amending various articles of the Migration Law and of the Law on Refugees, Complementary Protection and Political Asylum regarding migrant children

On November 11, 2020, the decree amending various articles of the Migration Law and of the Law on Refugees, Complementary Protection and Political Asylum regarding migrant children was published in the Official Gazette of the Federation, its main objective being the promotion, protection and defense of the human rights of migrant girls, boys and adolescents.

Because the General Law on the Rights of Children and Adolescents entered into force on December 5, 2014, being subsequent to the current Migration Law, this Decree incorporates specific obligations for the National Migration Institute, in order to work in a coordinated manner in the migration processes relating to this vulnerable group, constituting an important advance regarding the human rights of children and adolescents. To this end, concepts are defined and principles are incorporated into the migration processes for the protection of the right to legal certainty and due process, the right to consular assistance, the right to seek asylum, the right to the protection of family unity, the right to human dignity, the right not to be criminalized, the right not to be deprived of liberty on migration grounds and the right to dignified accommodation. The following concepts and processes being mainly: 1. Social Assistance Center: the establishment, place or space for alternative care or residential shelter for children and adolescents without parental or family care, provided by public and private institutions and associations; 2. Migrant child or adolescent: any migrant person, national or foreign, under eighteen years of age. Children are those under twelve years of age, and adolescents are persons between twelve years of age and less than eighteen years of age. 3. Protection Attorneys' Offices: the Federal Attorney's Office for the Protection of Children and Adolescents and the attorneys' offices for the protection of children and adolescents of each federative entity. 4. The powers that the National Migration Institute will have in relation to foreign children and adolescents, highlighting its obligation to immediately notify the Protection Attorney's Office and channel the child or adolescent to the corresponding DIF System. 5. The administrative procedure for the assisted return of a child or adolescent is established, the responsible authority being the National Migration Institute in collaboration with the Protection Attorney's Office. For additional information, contact our experts: Javier Lizardi, Partner: +52 (55) 5258 1021 | jlizardi@vwys.com.mx Gabriela Negrete, Associate: +52 (55) 5258 1021 | gnegrete@vwys.com.mx

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