Mexico-United States Dialogue on Migration and Border Issues, 2001-2006
Released: 2006-02-16T00:00:00

Introduction(1)

Beginning in early 2001, shortly after the presidential inaugurations at nearly identical times,the administrations of President George W. Bush and President Vicente Fox of Mexico have engagedregularly in a series of discussions and agreements on closely related migration and border securityissues. They launched these discussions in the context of past policies, and they have sustained thesediscussions despite less-than-expected progress in the period following the terrorist attacks upon theUnited States in 2001 and disagreements over U.S. involvement in Iraq in 2003. (2)

Background on Pre-2001 Policies

Presidents Bush and Fox began the bilateral discussions in the context of the immigrationand border security policies of the past, particularly the U.S. immigration reforms of 1986 and 1996,the initiatives of the administrations of President William Clinton and President Ernesto Zedillo ofMexico, and the enactment of the Legal Immigrant Family Equity (LIFE) Act of 2000 that will besummarized briefly.

Immigration Reform Act of 1986. In 1986,during the Reagan presidency, Congress passed the Immigration Reform and Control Act of 1986( P.L. 99-603 ). Main provisions of the act include civil and criminal penalties for U.S. employerswho knowingly hire undocumented workers; increased border control and enforcement measures;anti-discrimination safeguards; provision for legalization of illegal aliens who resided continuouslyin the United States before 1982; and a special legalization for farm workers previously employedon American farms. The act sought to combine the sanctions for employers who knowingly hireundocumented workers and tougher border control and enforcement measures to discourage futureimmigration, with the provision of amnesty or legalization for undocumented migrants who alreadyhad long-established ties to the United States. The latter provision is often characterized as an"amnesty" because it permitted aliens living in the United States illegally to adjust their status tolegal permanent residents (LPRs) under certain procedures and with rights to obtain citizenship inthe future. (3)

Immigration Reform and Welfare Reform Acts of1996. In 1996, during the Clinton presidency, Congress passed two majorimmigration reform measures to control illegal immigration and to limit the eligibility of aliens forfederal programs. One was the Illegal Immigration Reform and Immigrant Responsibility Act of1996 (IIRIRA), Division C of the Omnibus Consolidated Appropriations Act for FY1997 ( P.L.104-208 ). The other was the 1996 welfare law entitled the Personal Responsibility and WorkOpportunity Reconciliation Act of 1996 ( P.L. 104-193 ). The first measure sought to control illegalimmigration through increased penalties for unlawful presence in the United States and increasedimmigration enforcement. Individuals who depart the United States after more than 180 days ofunlawful presence now face either a 3- or 10-year bar to admission to the United States, dependingon the total period of unlawful presence. IIRIRA provisions also added 1,000 Border Patrol agentsper year for five years (FY1997-FY2001), along with additional personnel, equipment, andprocedures. The second measure and to some extent the first sought to reduce the attractiveness ofimmigration by restricting the eligibility of aliens for federal programs. (4)

Clinton-Zedillo Initiatives. In the context of theU.S. legislation outlined above, the Administration of President William Clinton (1993-2001)pursued a number of initiatives on its own and with the Administration of President Ernesto Zedillo(1994-2000) in the migration, border security, and drug control areas. The countries formalizedregular bilateral consultations between consulates and border agencies through the Border LiaisonMechanisms, and they issued a Binational Study on Migration in 1997 that found that unauthorizedmigration carries costs for both countries. They also pursued a Border Safety Campaign to reduceviolence and deaths on the border through public information campaigns, and search and rescueprograms. In mid-May 2000, following expressions of concern over private ranchers detainingMexican migrants in Arizona, the governments announced that they would prosecute any unlawfulbehavior by private citizens, combat migrant smugglers, and expand regular consultationmechanisms. In the counter-narcotics area, the countries established the High Level Contact Group(HLCG) for cabinet-level anti-drug coordination twice a year. Acting through this and othermechanisms, the countries developed a joint anti-drug strategy in early February 1998, adoptedextensive anti-money laundering measures in 2000, and facilitated the vastly expanded U.S. trainingof law enforcement and military units involved in counter-narcotics activities. (5)

Legal Immigration Family Equity (LIFE) Act of2000. Beginning around the year 2000, the U.S. Congress began to shift thedirection of policy from the 1996 immigration legislation. In February 2000, the AFL-CIO calledfor amnesty for established illegal immigrants in the United States, a more lenient immigrationpolicy, and universal enforcement of workers rights, and this approach was generally supported bythe Clinton Administration. While some Members attempted to pass variations of the Latino andImmigrant Fairness Act (LIFA), embodied in S. 3095 (sponsored by Senator EdwardKennedy), in the end it was the Legal Immigrant Family Equity (LIFE) Act, incorporated in H.R. 4942 , supported by Representatives Henry Bonilla and Lamar Smith and bySenator Hatch that prevailed and was signed into law ( P.L. 106-553 ). As modified, this legislationcreated and expanded visa categories for persons with pending family unification applications, andallowed certain aliens involved in class action court cases to adjust to LPR status. It also reinstateduntil April 30, 2001, Section 245(i) of the Immigration and Nationality Act (INA), which permittedunauthorized aliens to adjust to LPR status upon a payment of a fee if they were otherwise eligiblefor visas, without being forced to return to their native countries. Congress also increased thenumber of temporary H-1B professional workers, and it considered, but did not approve, measuresto increase the number of H-2A agricultural workers. (6)

Bilateral Dialogue Since 2001

Within the context of the background sketched above, President Fox and President Bush,who came to office at nearly the same time (December 2000 and January 2001, respectively) haveengaged in extensive consultations on migration and border issues. Mexican cooperation onsecurity matters was fairly limited, however, until the dramatic change of the world environmentfollowing the terrorist attacks of September 11, 2001.

President Bush's February 2001 Visit to Guanajuato, MexicoLaunches Bilateral Migration Talks. When President Bush met with President Foxin mid-February 2001, migration issues were among the main topics, with Mexican officialsexpressing concern about the number of migrants who die each year while seeking entry into theUnited States. President Fox has been pressing proposals for legalizing undocumented Mexicanworkers in the United States through amnesty or guest worker arrangements as a way of protectingtheir human rights. In the Joint Communique following the Bush-Fox meeting, the two presidentsagreed to instruct appropriate officials "to engage, at the earliest opportunity, in formal high levelnegotiations aimed at achieving short and long-term agreements that will allow us to constructivelyaddress migration and labor issues between our two countries." During the joint press conference,President Bush indicated that there was a movement in Congress to review the drug certificationrequirements, and he expressed confidence in President Fox's efforts to combat drug trafficking.

Several months later, on May 25, 2001, President Bush telephoned President Fox to expresscondolences for the recent deaths of 14 Mexican migrants in the Arizona desert, and both leadersreaffirmed their commitment to enhance safety along the border and to continue to make progresson migration issues. Press reports suggested that proposals to regularize the status of Mexicanworkers in the United States were being considered by the Administration and by Congress, butPresident Bush indicated that blanket amnesty would not be proposed.

President Fox's Early September 2001 Official Visit toWashington, D.C. Advances Migration Talks and Launches Partnership forProsperity. During the opening day of President Fox's official visit to Washington,D.C. in early September 2001, he recognized that the anticipated migration agreements had not beenreached, but he called for the two governments to reach agreement on migration proposals by the endof the year.

At the end of the meetings, the Joint Statement of September 6, 2001, summarized themeeting as follows:

The Presidents reviewed the progress made by our jointworking group on migration chaired by Secretaries Powell, CastaÃ±eda, and Creel and AttorneyGeneral Ashcroft and noted this represented the most fruitful and frank dialogue we have ever hadon a subject so important to both nations. They praised implementation of the border safety initiative,and recognized that migration-related issues are deeply felt by our publics and vital to our prosperity,well-being, and the kind of societies we want to build. They renewed their commitment to forgingnew and realistic approaches to migration to ensure it is safe, orderly, legal and dignified, and agreedon the framework within which this ongoing effort is based. This includes matching willing workerswith willing employers; serving the social and economic needs of both countries; respecting thehuman dignity of all migrants, regardless of their status; recognizing the contribution migrants maketo enriching both societies; shared responsibility for ensuring migration takes place through safe andlegal channels. Both stressed their commitment to continue our discussions, instructing thehigh-level working group to reach mutually satisfactory results on border safety, a temporary workerprogram and the status of undocumented Mexicans in the United States. They requested that theworking group provide them proposals with respect to these issues as soon as possible. ThePresidents recognized that this is an extraordinarily challenging area of public policy, and that it iscritical to address the issue in a timely manner and with appropriate thoroughness anddepth.

In a related area, the Presidents launched the Partnership for Prosperity, a public-privatealliance of Mexican and U.S. governmental and business organizations to promote economicdevelopment throughout Mexico, but particularly in regions where lagging economic growth hasfueled out-migration. The Presidents called for a concrete plan of action to be prepared by March2002.

U.S. Emphasis on Security Following September 2001 TerroristAttacks. Following the terrorist attacks upon the United States on September 11,2001, less than a week after President Fox's visit to Washington, D.C., most U.S. executive andlegislative action focused on strengthening border security and alien admission and trackingprocedures. Congress passed and the President signed into law the USA Patriot Act of 2001 ( P.L.107-56 ), and the Enhanced Border Security and Visa Entry Reform Act of 2002 ( P.L. 107-173 ). With a similar security focus, the Homeland Security Act of 2002 ( P.L. 107-296 ), was passed inNovember 2002, incorporating the INS/Border Patrol, Customs, and other agencies into the newDepartment of Homeland Security. In other immigration-related action during the 107th Congress,the Congress expanded non-citizen eligibility for food stamps, extended benefits for certain refugeecategories, and created new non-immigrant visa sub-categories for border commuter students. (7)

President Bush's March 2002 Visit to Monterrey, MexicoLaunches Border Partnership ("Smart Border") Agreement. On March 22, 2002,President Bush traveled to Monterrey, Mexico, where he attended the International Conference onFinancing for Development, participated in a NAFTA trilateral meeting, and discussed Mexico-U.S.issues with President Fox.

In the bilateral meeting, Presidents Bush and Fox announced a number of initiatives,including (1) a U.S.-Mexico Border Partnership Action Plan with greater cooperation andtechnological enhancements at the border; (2) a Partnership for Prosperity Action Plan withpublic-private initiatives to promote domestic and foreign investment in less developed areas ofMexico with high migration rates; (3) agreement to seek legislative support to expand the mandateof the North American Development Bank (NADBank) and the Border Environmental CooperationCommission (BECC) to finance environmental infrastructure along the border; and (4) agreementto continue the cabinet-level talks to achieve safe, legal, and orderly migration flows between thecountries. The Presidents also noted "major successes achieved by Mexico in the fight againstnarco-trafficking" and agreed on "the importance of redoubling judicial cooperation"

With regard to the migration talks, the Presidents stated in a Joint Statement on March 22,2002, as follows:

Slightly more than one year ago, in Guanajuato, wetalked about migration as one of the major ties that join our societies. We launched then the frankestand most productive dialogue our countries have ever had on this important and challenging subject.Those talks have continued over the past year, and have yielded a clearer assessment of the scopeand nature of this issue. This bond between our nations can render countless benefits to ourrespective economies and families. Over the past year, important progress has been made to enhancemigrant safety and particularly in saving lives by discouraging and reducing illegal crossings indangerous terrain. On September 7, 2001, during President Fox's historic State Visit to Washington,we issued a joint statement instructing our cabinet-level working group to provide us with specificproposals to forge a new and realistic framework that will ensure a safe, legal, orderly, and dignifiedmigration flow between our countries. We have today agreed that our Cabinet level migration groupshould continue the work we charged it with in Guanajuato andWashington.

Binational Commission Meetings in Mexico City in November2002. During the cabinet-level Binational Commission (BNC) meetings in MexicoCity, on November 25-26, 2002, Secretary of State Powell and Foreign Secretary CastaÃ±edareaffirmed the intention to continue talks toward a migration agreement. Secretary of State Powell'spress conference was summarized by the State Department as follows: "The BNC's migrationworking group 'affirmed our strong commitment to advancing our bilateral migration agenda,' hestressed, adding that 'there should be no doubt in anyone's mind that this is a priority for PresidentBush, just as it is a priority for [Mexican] President [Vicente] Fox.'" Powell said that no schedulehad been established for a migration accord, but he confirmed that the United States and Mexicowant to come up with a series of migration initiatives "over the course of the next six months to ayear."

Bilateral Developments on Security Issues in Early 2003 inContext of Conflict in Iraq. On January 11, 2003, President Fox designatedEconomy Minister Luis Ernesto Derbez as Mexico's new Foreign Minister, replacing JorgeCastaÃ±eda, who reportedly resigned, in part, out of frustration with the lack of progress in negotiatinga migration accord with the United States. On March 17, 2003, President Vicente Fox, in a televised speech to the nation, reiterated Mexico's position (articulated in the U.N. Security Council), that Iraqshould be disarmed by peaceful means and through multilateral mechanisms, but he indicated thatMexico's close relationship with the United States would not change. On March 21, 2003, it wasannounced that Mexico was ordering 18,000 soldiers to secure airports, border posts, and otheraccess points to the United States. On April 23, 2003, Secretary of Homeland Security Tom Ridgeand Secretary of Government Santiago Creel issued a joint statement on enhanced bilateralcooperation to create a smart border that facilitates the transit of goods and people while protectingagainst crime and terrorism. On May 7, 2003, Mexican Foreign Minister Luis Ernesto Derbez metwith Secretary of State Colin Powell in Washington, D.C., with the object of strengthening thebilateral relationship. The day before, Minister Derbez indicated in a speech at the Center forStrategic and International Studies that security was the number one priority for Mexico.

Reactions to House Action on Migration Agreement in May2003. On May 16, 2003, the House International Relations Committee reported out H.R. 1950 ( H.Rept. 108-105 , Part 1), with a provision in Section 731 stating the senseof Congress regarding a possible migration accord between the United States and Mexico. Thisprovision began as an amendment by Representative Menendez to which Representative Ballengeroffered a substitute amendment that was further modified by Representative Gallegly. In sum,Section 731, as reported, stated the sense of Congress that the United States should as soon aspracticable commence negotiations to reach a migration accord with Mexico that addresses the keyissues of concern in both countries, opens the Mexican petroleum monopoly (PEMEX) to reformand investment by U.S. oil companies, and addresses extradition and law enforcement issues.

Mexican officials and commentators criticized the Committee-reported provisions relatedto PEMEX and extradition as an intrusion in the domestic affairs of Mexico. The Office of theMexican Presidency issued a statement on May 11, 2003, acknowledging that the negotiation of amigration agreement was a priority for the Fox Administration, but pointing out that "negotiatingsuch an agreement in exchange for opening up PetrÃ³leos Mexicanos (the state oil industry - PEMEX)to foreign investment would be wholly unacceptable." (8)

Reactions to Deaths of Migrants in Texas in May2003. In mid-May 2003, 19 migrants from Mexico and Central America, includingwomen and a child, died from asphyxiation and heatstroke near Victoria, Texas, after being crammedwith 50-100 people in an insulated trailer truck Several of the smugglers were arrested in thefollowing days for involvement in what was reported to be the worst such tragedy recorded in theUnited States. On May 27, 2003, the Washington Post reported on an interview with President Foxin which the Mexican President appealed for U.S. action on the long-delayed immigration accordand emphasized the partnership with the United States, despite disagreement on policy toward Iraq. On May 29, 2003, under President Fox's direction, a strike force of some 600 Mexican federal police,soldiers, and other agents launched an offensive against cross-border human smuggling rings, seizingoperatives of at least six organizations.

Joint Operations in the Arizona-Sonora Desert in June2003. On June 3, 2003, U.S. and Mexican officials announced a joint effort, namedOperation Desert Safeguard, to save lives by deploying more and better-equipped Border Patrolagents west of Nogales, Arizona, by increasing Spanish language warnings of the dangers, and bytaking more forceful measures against smugglers.

Initiatives under the Partnership for Prosperity in June2003. On June 10, 2003, the United States and Mexico announced severalinitiatives following the meeting of private and governmental officials from both countries in SanFrancisco under the auspices of the Partnership for Prosperity. These initiatives were designed tosupport growth in areas of Mexico with high rates of migration to the United States. They includedan historic agreement for the Overseas Private Investment Corporation (OPIC) to provide financialand insurance services to U.S. firms, development of a Peace Corps program in Mexico, and effortsto facilitate and reduce the cost of transfers of remittances from the United States to ruralcommunities in Mexico.

Mexican Secretary of Government Calls for Bilateral MigrationAgreement in July 2003. On July 10, 2003, Secretary of Government SantiagoCreel, speaking at a U.S. Catholic Bishop's Conference in Washington, D.C., called for a bilateralmigration agreement in part because Mexican security efforts had prevented terrorist attacks fromsouth of the border. He argued that such an agreement would enhance U.S. security because givinglegal status to undocumented Mexican migrants living in the United States would transform themfrom unknown and possibly dangerous threats to fully identifiable and legal persons.

President Bush Proposes Immigration Reform in January 2004Along with Congressional Proposals. In early 2004, President Bush seeking torevive the immigration discussion, proposed an overhaul of the U.S. immigration system on January7, 2004, to permit the matching of willing foreign workers with willing U.S. employers when noAmericans can be found to fill the jobs. Under the President's proposal, temporary legal status wouldbe available to new foreign workers who have work offers in the United States and to undocumentedworkers already employed in the United States for a term of three years that could be renewed butwould end at some point. The proposal includes some incentives to encourage workers to return totheir home countries, such as credit in the worker's national retirement system and tax-deferredsavings accounts that could be collected upon return. (9)

A few days after his proposal, President Bush met with President Fox in Monterrey, Mexico,for a Special Summit of the Americas, and President Fox welcomed the Bush proposal as a veryimportant step forward. On January 20, 2004, President Bush called for passage of his immigrationreform proposal in the State of the Union address.

Congressional initiatives in this area in the 108th Congress included S. 1387 (Cornyn) that would establish new temporary foreign worker programs under agreements withforeign countries; and S. 1645 (Craig)/ H.R. 3142 (Cannon), the "AgJobs"Bill, that would streamline the H-2A agricultural worker program, with provision for adjusting tolegal permanent resident (LPR) status. More comprehensive proposals that would grant temporarylegal status to foreign workers and to undocumented workers already employed in the United States,with provision for adjusting to LPR status, included S. 1461 (McCain)/ H.R. 2899 (Kolbe), S. 2010 (Hagel and Daschle); and S. 2381 (Kennedy)/ H.R. 4262 (Gutierrez).

Review of U.S.-Mexico Border Partnership in February2004. On February 19-20, 2004, Department of Homeland Security Secretary TomRidge met with Mexican Government Secretary Santiago Creel in Mexico City to review progressunder the U.S.-Mexico Border Partnership. The two leaders signed the U.S.-Mexico Action Planfor Cooperation and Border Safety for 2004, as well as a Memorandum of Understanding on theSafe, Orderly, Dignified and Humane Repatriation of Mexican Nationals. They also committed todevelop six new Secure Electronic Network for Traveler's Rapid Inspection (SENTRI) lanes forpre-screened, low-risk individuals, and to develop five new Free and Secure Trade (FAST) lanes forpre-cleared cargo.

Presidents Bush and Fox Meet in Crawford, Texas in March 2004and Resolve Some Border Issues. On March 5-6, 2004, President Fox visitedPresident Bush at his ranch in Crawford, Texas, and it was announced that Mexicans with bordercrossing cards would be exempted from the end-of-the-year requirement to be photographed andfinger-scanned upon entry into the United States under the US-VISIT program established to monitorthe entry and exit of foreign visitors. (10)

Mexican and U.S. Officials Sign a Social Security TotalizationAgreement in June 2004. On June 29, 2004, Mexican and U.S. social securityofficials signed a social security totalization agreement between the countries that would eliminatedual social security taxation and fill gaps in benefit protections for affected employees who work inboth countries. (11) Theagreement is subject to congressional approval, but it has not been submitted to Congress forapproval. In June 2005, Representative Hayworth proposed an amendment to the Departments ofLabor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2006(H.R. 3010) to prohibit the payment under the totalization agreement. The amendment was approvedby the House but not included in the Senate version of the bill.

9/11 Commission Argues for Collaboration with Countries andStricter Border Control and Identity Document Standards in July 2004. On July 22,2004, the 9/11 Commission issued its final report, calling, in its recommendations, for the UnitedStates to undertake major efforts to collaborate with other governments in counter-terrorism effortsand to raise border security standards. In the 108th Congress, the separate House and Senate versionsof S. 2845 , passed in October 2004, to implement the 9/11 Commissionrecommendations, contained differing measures to increase immigration law enforcement personneland to adopt more stringent border control and identity document standards. (12)

Mexican Foreign Ministry Expresses Regret After Passage ofProposition 200 (Taxpayer and Citizen Protection Act) in Arizona in Early November2004. Following the passage in the November 2, 2004 elections in Arizona ofProposition 200 that requires proof of citizenship when registering to vote and when seeking publicassistance, the Mexican Foreign Ministry issued a press release stating regret that the proposition waspassed, noting that the proposition was subject to continuing legal challenges, and affirming that themeasure does not adequately address existing migration patterns.

Review of Migration and Border Cooperation at BinationalCommission Meeting in November 2004. Summarizing the majoraccomplishments of the November 9, 2004 Binational Commission meetings, Secretary of StateColin Powell emphasized the growing bilateral cooperation on counter-narcotics and border securitymatters between the countries, including the creation of a new Working Group on Cyber-Security. He stressed that immigration reform to regularize the status of Mexican workers in the United Stateswould be a high priority during President Bush's second term. At the same time, he noted theconclusion of educational agreements that would advance Mexican competitiveness, housingagreements to strengthen the local mortgage market, agricultural agreements to advance cooperationon rural development programs, and environmental agreements to promote environmentalconservation.

Turning to the accomplishments of the Partnership for Prosperity (P4P), Secretary Powellnoted that these programs had lowered the fees for transferring funds from the United States toMexico, brought together more than 1,400 business and government leaders from both countries, anddeveloped innovative methods to finance infrastructure projects. Other major accomplishments werethe establishment for the first time of a Peace Corps program in Mexico, and the recent establishmentof the Overseas Private Investment Corporation (OPIC) in Mexico that is expected to provide over$600 million in financing and insurance to U.S. businesses in Mexico. (13)

Congress Strengthens Border Control and Identity Card Standardsin Intelligence Reform and Terrorism Prevention Act of 2004. After extendednegotiations, an agreed conference report ( H.Rept. 108-796 ) on S. 2845 was filed onDecember 7, 2004, to implement the recommendations of the 9/11 Commission, with an agreementthat some of the difficult issues would be addressed early in the 109th Congress. The conferencereport was approved by the House and the Senate on December 7 and 8, respectively, and was signedinto law ( P.L. 108-458 ) as the Intelligence Reform and Terrorism Prevention Act of 2004 by thePresident on December 17, 2004. The enacted legislation contains provisions requiring more lawenforcement personnel for enforcing immigration laws, closer monitoring of the entry and exit ofaliens, and standards for identification documents and drivers' licenses. Under a leadershipagreement with certain Representatives, it was agreed that three issues in the House bill that weredropped in the conference report would be addressed early in the 109th Congress. These were provisions that would have banned the acceptance of Mexican consular ID cards by Federal officials,that would have prohibited the issuance of drivers' licenses to undocumented aliens, and that wouldhave required the completion of a section of a fence along the border with Mexico in California.

Mexican Officials Argue in Early January 2005 that the Guidesfor Mexican Migrants Are to Protect Migrants from Dangers Despite NumerousCriticisms. Mexican officials stated in early January 2005 that the Guides forMexican Migrants issued by the Mexican government were to provide warnings and survival tipsfor Mexican migrants in dangerous terrain in order to save lives, not to facilitate illegal migrationas many critics from the United States alleged. The Mexican officials argued that the Guides suggestentry into the United States at official Ports of Entry with the necessary documentation and that otherinterpretations were inconsistent with Mexico's efforts to dismantle smuggling operations. Theydeclared that "the Mexican government remains committed to ensuring that migration into theUnited States is legal, safe, orderly and respectful of the fundamental rights of people."

Diplomatic Exchanges Between the United States and Mexico onBorder Violence in Late January 2005. On January 26, 2005, the U.S. StateDepartment issued a Public Announcement "to alert U.S. citizens to the current security situationalong the Mexican side of the U.S.-Mexico border in the wake of increased violence among drugtraffickers." While noting that the majority of travelers visit without mishap and that theoverwhelming majority of the victims have been Mexican citizens, it stated that "U.S. citizens shouldbe aware of the risk posed by the deteriorating security situation." In a letter of explanation toMexican officials, U.S. Ambassador Antonio O. Garza noted that "the elevated level of violencegenerally has resulted in greater risks to the thousands of American citizens visiting and passingthrough the border region every day. Increased numbers of murdered and kidnapped Americans inrecent months bear this out." He added, "I worry that the inability of local law enforcement to cometo grips with rising drug warfare, kidnappings and random street violence will have a chilling effecton the cross-border exchange, tourism, and commerce so vital to the region's prosperity. I applaudthe strong expressions of concern voiced by President Fox to date, and hope that commitment willmake a difference at the state and local levels." On the following day, the Office of the Presidencyof the Mexican Republic issued a statement saying that Mexico shares the concerns of the U.S.government and regrets the alarm that the warning might provoke among U.S. citizens; that Mexicois taking determined action against drug trafficking; that drug trafficking is an internationalphenomenon which requires shared responsibility for attacking supply, as well as demand; and thatthe two countries have built a solid relationship that requires continued cooperation. On January 29,2005, Ambassador Garza met with the Mexican Secretary of Foreign Affairs and issued a jointstatement that concluded: "Both officials underscored that the successes in jointly addressingcommon problems demonstrate the value of bilateral cooperation. They reaffirmed thedetermination of their governments to continue cooperating in the fight against organized crime anddrug trafficking."

President Bush Urges Immigration Reform in the State of theUnion Address in Early February 2005. During President Bush's State of the UnionAddress on February 2, 2005, he stated that the United States' immigration system was outdated andunsuited to the economic needs and the values of the country. He concluded with the followingstatement:

We should not be content with laws that punish hardworking people who want only to provide for their families, and deny businesses willing workers,and invite chaos at our border. It is time for an immigration policy that permits temporary guestworkers to fill jobs Americans will not take, that rejects amnesty, that tells us who is entering andleaving our country, and that closes the border to drug dealers andterrorists.

House Passes the REAL ID Act in February 2005, withImmigration Provisions and Identity Card Standards; Attaches Provisions to the EmergencySupplemental for FY2005 in March 2005. On February 10, 2005, the Housepassed the REAL ID Act of 2005 ( H.R. 418 ), with amendments, by a 261-161 vote. H.R. 418 was introduced on January 26, 2005, by Representative Sensenbrenner, as aholdover from consideration of the Intelligence Reform and Terrorism Prevention Act of 2004( S. 2845 / P.L. 108-458 ) in December 2004 (see above). It was referred to the HouseCommittees on the Judiciary, Homeland Security, and Government Reform, but no formalconsideration was undertaken. As introduced this bill would revise the standards for asylumapplicants, expand the grounds for inadmissibility and deportability of aliens for terrorist orterrorist-related activities, establish identity card standards for the issuance of drivers' licenses bystates that would seem to preclude the use of consular ID cards, and provide waivers of laws toensure expeditious construction of a fence for controlling illegal access on the Mexico-United Statesborder near San Diego, California. (14)

H.R. 418 was considered on February 9-10, 2005, under a structured rule, H.Res. 71 ( H.Rept. 109-3 ) and H.Res. 75 ( H.Rept. 109-4 ), allowing amanager's amendment and five additional amendments. Two amendments were defeated: the Nadleramendment that sought to strike Section 101 with revised asylum standards (15) , and the Farr amendmentthat sought to strike Section 102 with waivers of laws to ensure expeditious construction of a borderfence. Three amendments were approved: the Sessions amendment that facilitated repatriation ofaliens ordered deported by clarifying existing delivery bond authority, the Castle amendment thatrequired the entry into aviation security screening databases of information on anyone convicted ofusing a false drivers' license for boarding an airplane, and the Kolbe amendment that required anassessment of security needs along U.S. borders, a plan to facilitate communications among relevantagencies along the border, and a pilot project to test ground surveillance technologies to improveborder security.

On March 16, 2005, the House passed the Emergency Supplemental Appropriations forFY2005 ( H.R. 1268 ), which included the text of H.R. 418 , the REAL IDAct as Division B, with identity card standards and provisions to facilitate the completion of fencingalong the U.S.-Mexico border.

Secretary of State Rice Visits Mexico in Mid-March 2005 inPreparation for Upcoming Trilateral Summit. On March 10, 2005, Secretary ofState Rice visited Mexico in preparation for President Bush's upcoming meeting with the leaders ofMexico and Canada. She praised the remarkable cooperation between the countries, defended therecent State Department reports on human rights and drug control efforts against Mexican criticism,and announced Mexico's agreement to transfer enough water to meet its existing water debt with theUnited States. She also explained the U.S. withdrawal from the Optional Protocol giving theInternational Court of Justice jurisdiction over disputes under the Vienna Convention on ConsularRelations; following an ICJ decision in a case brought by Mexico that the United States had breachedits obligations under the Vienna Convention by failing to notify Mexican consular officials whenthose Mexican nationals were arrested.

President Bush Meets with President Fox and Prime MinisterMartin in Texas on March 23, 2005; Trilateral "Security and Prosperity Partnership (SPP) of NorthAmerica Launched. On March 23, 2005, President Bush hosted meetings in Texaswith President Fox and Prime Minister Martin, in which the leaders established the trilateral"Security and Prosperity Partnership (SPP) of North America." The SPP will seek to advance thecommon security and the common prosperity of the countries through expanded cooperation andharmonization of policies. To operationalize this partnership, the leaders established Ministerial-ledworking groups that are to develop measurable and achievable goals and to report back to the leaderswithin 90 days and semi-annually thereafter.

This initiative is to complement, not replace, existing bilateral and trilateral fora, and in thecase of the United States, the working groups are primarily within the jurisdiction of the Departmentsof Homeland Security and Commerce. During the press conference after the meeting, PresidentBush pledged to continue to press for a "commonsense immigration policy" and he urged greaterNorth American cooperation on energy issues to reduce dependance on overseas energy. (16)

Building upon a record of past cooperative efforts, the leaders' Joint Statement stressed thenecessity in a rapidly changing world to develop "new avenues of cooperation that will make oursocieties safer and more secure, our businesses more competitive, and our economies more resilient." The new partnership would seek to advance the common security and the common prosperity of thecountries, under a conception that is to be trilateral but that will allow any two countries to moveforward on an issue and create a path for the third country to join later.

Under the heading of Advancing Our Common Security, the leaders committed to establishcommon approaches to security to protect against external and internal threats and to furtherstreamline legitimate trade and travel. Among these efforts, the countries would implement commonborder security and bioprotection strategies, enhance infrastructure protection and emergencyresponse plans, improve aviation and maritime security and intelligence cooperation againsttransnational threats, and continue to facilitate the legitimate flow of people and cargo at the sharedborders.

Under the heading of Advancing Our Common Prosperity, the leaders committed to enhanceNorth American competitiveness and to improve the quality of life in the countries. These effortsinclude improving productivity through regulatory cooperation and harmonization; enhancingcross-border cooperation on health, food safety, and environmental protection projects; promotingsectoral collaboration in energy, transportation, and financial services; and reducing trade costs byincreasing the efficiency of the cross-border movement of goods and people.

Senate Considers Immigration Provisions in Context of FY2005Emergency Supplemental in April 2005; Both Houses Approve Conference Report and PresidentSigns into Law in May 2005. When the Senate considered H.R. 1268 in April 2005, three immigration measures were introduced. The first was the Chamblissamendment that would have allowed guest farm workers to remain in the United States for up to nineyears. The second was the Craig-Kennedy amendment that would have allowed guest farm workerswho had worked in the United States for 100 days in the last year and who worked 360 days in thenext three to six years to become legal permanent residents. The third was the Mikulski amendmentto exempt seasonal workers who had worked in the United States in previous years from the cap onH-2B visas for summer tourism activities and the harvesting and picking of seafood like crabs andlobsters. In the end, the Mikulski amendment was the only immigration provision to be approvedby the Senate. In conference, the Mikulski amendment from the Senate version and the provisionsin the REAL ID Act in the House version were essentially retained in the conference report ( H.Rept.109-72 ) on the FY2005 Emergency Supplemental Appropriations (H.R. 1268). Theconference report was approved by the House on May 5, 2005, and it was approved by the Senateon May 10, 2005. It was signed into law ( P.L. 109-13 ) by the President on May 11, 2005.

Mexican Government Officials Complain about Various U.S.Immigration Activities in March, April, May 2005. On March 29, 2005, theMexican government condemned the vigilantism of volunteers in the Minuteman Project to monitorthe Arizona-Sonora border, reiterating concerns expressed in February 2005, and instructed Mexicanconsulates to ensure that the human rights of the migrants are respected. On April 26, 2005, theMexican Foreign Ministry complained about the State Department travel advisory warning ofdangers in the border town of Nuevo Laredo, calling upon the U.S. government to avoidgeneralizations that damage the bilateral cooperation that exists in the fight against organized crimeand drug trafficking. On April 29, 2005, the Mexican government criticized favorable commentsabout the Minutemen volunteers by California Governor Arnold Schwarzenegger and stronglyreasserted the principle that detention of unauthorized migrants should be undertaken by designatedlaw enforcement officials only. On May 12, 2005, President Fox stated that his government wouldprotest the recently passed immigration measures in the FY2005 Emergency SupplementalAppropriations Act, saying that "it is useless to pursue walls, barriers, and the use of force andviolence."

Secretary Creel Meets with Secretary Chertoff in Washington,D.C. in Late May 2005 to Review Progress on Border Cooperation. On May 31,2005, Mexico's Secretary of Government Santiago Creel met with Secretary of Homeland SecurityMichael Chertoff to discuss ongoing efforts to modernize the border crossing points and to regularizemigration, including six new SENTRI lanes and eight new FAST lanes and the repatriation ofMexican nationals in the coming months. Secretary Creel expressed concerns about theimplementation of the REAL ID Act and concerns about vigilantism and highlighted the need forcomprehensive immigration reform.

U.S., Mexican, and Canadian Officials Release Late June 2005Report to Leaders under Security and Prosperity Partnership of North America. OnJune 27, 2005, Secretary of Homeland Security Chertoff and Secretary of Commerce Gutierrez metwith their Canadian and Mexican counterparts in Ottawa, Canada, and released a Report to Leaderswith initial results and proposed initiatives for the future under the Security and ProsperityPartnership (SPP) of North America. In the security area, the ministers highlighted the agreementto develop and implement common methods of screening individuals and cargo, development of aunified trusted traveler program to expand upon the SENTRI and FAST programs, and developmentof a collective approach to protecting infrastructure and responding to various incidents. In theprosperity area, the ministers cited agreement on common principles for electronic commerce,liberalization of the rules of origin on household appliances and machinery, streamlining andharmonizing regulatory processes, and collaboration in the steel, automobile, and energy sectors toenhance competitiveness.

U.S. and Mexican Officials React to Continuing Violence in theBorder Town of Nuevo Laredo in Late July and Early August 2005. On July 29,2005, U.S. Ambassador Tony Garza announced that the U.S. Consulate in Nuevo Laredo, across theborder from Laredo, Texas, would be closed for a week to assess security conditions in the wake ofcontinuing violence in the border city. On August 2, 2005, President Fox called for a strengtheningof "Operation Safe Mexico," under which Mexican federal police and military forces have reinforcedstate forces in key border areas, including Nuevo Laredo. On August 5, 2005, Ambassador Garzastated that he was convinced that the Mexican government was committed to combating narcoticstrafficking and taking back the border from the kingpins and capos, and he announced that the U.S.Consulate in Nuevo Laredo would reopen on August 8, 2005.

United States Proposes Western Hemisphere TravelInitiative. The Intelligence Reform and Terrorism Prevention Act of 2004 requiresthat, by January 1, 2008, all U.S. citizens and non-immigrants entering the United States from withinthe Western Hemisphere must present a valid passport or other document that the Secretary ofHomeland Security determines is sufficient to establish identity and citizenship. Currently, U.S.citizens, Canadian citizens entering the U.S. as non-immigrants, and non-immigrant citizens ofBermuda are not required to present a passport when entering the United States from anotherWestern Hemisphere country, with the exception of Cuba. Mexican citizens may also enter theUnited States with Border Crossing Cards. On September 1, 2005, the Departments of HomelandSecurity and State published an advance notice of proposed rulemaking requesting comments todevelop the regulations to implement the new documentation requirements. The Departments ofState and Homeland Security propose requiring passports or other acceptable documents from alltravelers entering the United States from the Western Hemisphere by air or sea by December 31,2006, and for travelers entering at land border crossings by December 31, 2007. The Departmentsof State and Homeland Security anticipate that SENTRI, FAST, and Border Crossing Cards willcontinue to be accepted at land ports of entry. Travel document requirements will not be certain untilpublication of a final rule taking into consideration public comments received following publicationof the proposed rule. The Departments of Homeland Security and State have not yet published theproposed rule.

Mexico and the United States Cooperate on Disaster Relief andLaw Enforcement in September and October 2005. On September 8, 2005, U.S.Ambassador Tony Garza expressed thanks for the Mexican Army and Navy assistance in Texas andLouisiana for victims of Hurricane Katrina. On October 13, 2005, U.S. Attorney General Gonzalesmet in Texas with Mexican Attorney General Cabeza de Vaca to announce enhanced bilateralcooperation at the state and federal levels to combat narcotics-related violence on the border. OnOctober 26, 2005, Mexican Foreign Minister Derbez visited Washington, D.C., for official meetingsfollowing the postponement of Cabinet-level Binational Commission meetings because of HurricaneWilma. On October 27, 2005, U.S. Ambassador Garza increased U.S. assistance to Mexicanhurricane victims, bringing the total to $400,000 for Hurricane Wilma relief in the Yucatan regionand to $200,000 for Hurricane Stan relief in southern-central Mexico.

DHS Secretary Chertoff Launches the "Secure Border Initiative"in Early November 2005, and Mexico Calls for Cooperative Approaches. OnNovember 2, 2005, Homeland Security Secretary Chertoff launched the "Secure Border Initiative,"a comprehensive, multi-year plan to secure U.S. borders, drawing upon increased funding approvedby Congress in early October 2005 in the Department of Homeland Security Appropriations Act( H.R. 2360 / P.L. 109-90 ). According to Secretary Chertoff, the initiative would provide"an integrated mix of increased staffing, more robust interior enforcement, greater investment indetection technology and infrastructure, and enhanced coordination on the federal, state, local, andinternational levels." The Mexican Foreign Ministry issued a statement emphasizing that themanagement of migration and security challenges should follow the principle of sharedresponsibility.

President Bush Visits Arizona and Texas Borders in LateNovember 2005 and Announces Plan to Enhance America's Security Through ComprehensiveImmigration Reform. In visits to Tucson, Arizona (November 28), and El Paso,Texas (November 29), President Bush outlined a three-part strategy for securing America througha variety of immigration policies and reforms. The first step of the strategy is to secure the borderby increasing Border Patrol manpower, deploying new technology, constructing physical barriers,returning illegal immigrants to their hometowns (interior repatriation), ending the practice of "catchand release," and strengthening and accelerating the removal process. The second step of thestrategy is to improve enforcement of immigration laws within the United States by strengtheninginterior investigation and enforcement, improving work-site enforcement, and developing programsfor employers to verify eligibility and overcome document fraud. The third part of the strategy isthe President's proposed temporary worker program that would allow foreign workers withtamper-proof ID cards to accept unfilled jobs for a fixed period of time, without any automatic pathto citizenship or amnesty.

House Passes Border Protection and Illegal Immigration ControlAct in Mid-December 2005, and Mexican Foreign Ministry Calls for More ComprehensiveReform. On December 16, 2005, the House passed H.R. 4437 (BorderProtection, Antiterrorism, and Illegal Immigration Control Act of 2005) that would, among otherthings, strengthen border security, compel employers to use a pilot system to check for employmenteligibility, mandate retention of illegal immigrants, make it a crime to be in the United Statesillegally or to assist illegal aliens, and require the deployment of a fence and surveillance equipmentalong the Mexico-U.S. border. On December 16, 2005, the Mexican Foreign Ministry issued a pressrelease asserting that reform that focuses only on security will be inadequate and pledging that theMexican government would intensify efforts to encourage a comprehensive immigration reform inthe United States, including some type of temporary worker program as espoused by President Bush.

Mexico Deplores Violence and Requests Investigations in January2006 of the Killing in Border Areas of Two Mexican Citizens by U.S. Agents. OnJanuary 3, 2006, the Mexican Embassy in Washington, D.C., requested an investigation of theshooting of Mexican citizen Guillermo Martinez by a Border Patrol agent near San Diego, and onJanuary 15, 2006, the Mexican Consulate in McAllen, Texas, requested an investigation of theshooting of Mexican citizen Ismael Segura by a Texas police officer. U.S. officials promised a fullinvestigation of the incidents but suggested little tolerance for violations of the law.

U.S. Reacts to Border Incursion. On January 23,2006, Texas Department of Public Safety (DPS) troopers and Hudspeth County Sheriff Deputiespursued three SUVs believed to be loaded with marijuana toward the border where a humvee ofarmed men dressed in military style uniforms was sighted on the U.S. side of the border. Followingpursuit by the sheriff deputies and DPS troopers, the SUVs turned back toward Mexico, and aHumvee of men in what appeared to be Mexican military uniforms arrived to protect the SUVs andthe drug shipment. U.S. law enforcement seized one SUV with over 1,400 pounds of marijuana andanother SUV successfully returned to Mexico. The third SUV became stuck in the Rio Grande andthe armed men unloaded the marijuana before burning the SUV. According to the Department ofHomeland Security, from FY2001 to FY2005, there were 144 border incursions by the Mexicanmilitary. Dialogue with the Mexican military has reduced the frequency of such incursions by half. On January 25, the Mexican government stated that the January 23 incident involved drugtraffickers, not the Mexican military. On January 25, 2006, U.S. Ambassador Antonio O. Garzadelivered a diplomatic note to Mexico requesting that the Mexican government investigate the borderincursion. On February 7, 2006, the Investigations Subcommittee of the House Committee onHomeland Security held a hearing on border incursions. The U.S. and Mexican governmentscontinue to investigate the incident.

Drug Tunnel Discovered in San Diego. OnJanuary 26, U.S. Immigration and Customs Enforcement (ICE) announced the discovery of a tunnelfrom Tijuana to a warehouse in San Diego. Mexican officials seized 2 tons of marijuana, and U.S.officials seized 200 pounds of marijuana. The 2,400-foot long tunnel is the longest tunnel everfound at the the U.S.-Mexican border.

U.S. Opposes Mexican Plan to Distribute Maps to IllegalMigrants. In January 2006, the Mexican Human Rights Commission, anindependent agency of the Mexican government, announced plans to distribute 70,000 maps of theU.S. border, including water distribution sites, to intending migrants. On January 25, Secretary ofHomeland Security Michael Chertoff denounced the plan, stating that it encouraged illegal migrationand trafficking in persons. On January 26, the Mexican government announced that it would notdistribute the maps and attributed this decision to concerns that the maps would be used bysmugglers and others intending to harm migrants.

President Bush Calls for Immigration Reform in State of the UnionAddress on January 31, 2006. President Bush called for increased border securityand immigration reform that suits the needs of the current economy. The president's remarks onimmigration outlined these objectives:

Keeping America competitive requires animmigration system that upholds our laws, reflects our values, and serves the interests of oureconomy. Our nation needs orderly and secure borders. To meet this goal, we must have strongerimmigration enforcement and border protection. And we must have a rational, humane guest workerprogram that rejects amnesty, allows temporary jobs for people who seek them legally, and reducessmuggling and crime at the border.

U.S. Expresses Concern over Increased Violence in the BorderRegion. On January 27, U.S. Ambassador Antonio O. Garza submitted adiplomatic note requesting more law enforcement at the U.S. border and investigation of assaults onU.S. Border Patrol agents. Ambassador Garza also expressed concern about increased drug violencein Nuevo Laredo, citing 20 homicides in 2006. In testimony before the Investigations Subcommitteeof the House Committee on Homeland Security on February 7, Border Patrol Chief David Aguilarindicated that assaults against border patrol agents are increasing. In FY2005, 778 border patrolagents were assaulted, and 192 have been assaulted in FY2006. This is a significant increase fromFY2004, when 374 border patrol agents were assaulted. National Intelligence Director JohnNegroponte named Mexico in his Annual Threat Assessment for the Senate Select Committee onIntelligence as a country of concern regarding the capacity of drug trafficking organizations toundermine already weak state authority. On February 6, gunmen suspected of ties with drugtraffickers attacked the offices of El MaÃ±ana newspaper in Nuevo Laredo, severely wounding onereporter. On February 7, El MaÃ±ana announced it would cease investigative reporting of drugtrafficking.