Article 33 of the Constitution never uses the term expulsion. Legal practice has called this institution an expulsion. However, in 1974 the new General Population Statute changed the term deportation into expulsion. Today, Mexican legislation uses both terms as synonyms. The Mexican Government prefers to use the term expulsion because it implies an arbitrary action, beyond the legal control of the judiciary.
Deportation implies legal proceedings and respect for human rights.
By clarifying what is meant by deportation, other abuses will cease, such as those committed by the INM when applying expulsions to foreigners who had the right to an extradition under bilateral treaties signed by Mexico. The Congress also must guarantee the respect of the freedoms of transit, association and work, in compliance with international treaties and in accordance with the universal duty to see that human rights are respected worldwide. In particular, the Judiciary must stop the abuse of the 'Amparo para Efectos' ruling in expulsion cases. On May 30th this restriction was challenged by the legal staff of the Miguel Agustin Pro Human Rights Center who contend that Mexico's National Immigration Institute is arbitrarily applying admistrative procedures that contradict the General Population Law, the legislated juridical foundation of Mexico's immigration policies.