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    How Migrant Youth Are Being Managed Upon Arrival In Mexico?

    Image Source: samuel perales / Shutterstock

    In written records, Mexico touts one of the most ambitious and progressive immigration revamps in Latin America. A recent law became effective in January 2021, establishing new guidelines for the handling of children and young people in the country.

    Nevertheless, doubts have been raised about the functionality of the system for the numerous young individuals arriving in Mexico. This includes both young migrants from other countries and Mexican citizens brought back to the country without accompaniment.

    “In the instance of minors within that legal framework, their rights are frequently violated,” expressed Wendy Castro, a legal expert associated with the immigration advocacy group Sin Fronteras, in an interview with mitú.

    Between January and September of this year, 19,506 Mexican minors were returned to Mexico from the United States, as stated by the National Institute of Migration (INM). Among them, 12,294 are unaccompanied and handled in accordance with the new guidelines.

    What are the provisions for migrant children and teenagers in the 2021 law?

    During Andres Manuel Lopez Obrador’s tenure, it was mandated by the law that detention facilities in Mexico would no longer confine migrant minors, which had been the norm for any individual entering Mexico.

    Now, the INM must transfer Mexican and non-Mexican minors to the National System for Integral Family Development (DIF in Spanish). While their cases progress through the system, these minors reside in SocialSupport Shelters.

    Governmentallegal agencies have been set up nationwide, at both the state and local levels, to ensure the welfare of children and teenagers. As per the 2021 laws, these agencies are also obligated to carry out a personalized evaluation of each minor to determine subsequent steps. Previously, INM was responsible for making such assessments.

    The director of the Federal Office for the Protection of Minors and Adolescents, Oliver Castañeda Correa, mentioned, “INM must transfer these cases to both DIF and the pertinent legal agencies for us to intervene effectively. These children are not detained or seized. Our goal is to identify the most appropriate resolution for their case.”

    For Mexican minors, this involves finding a family member to facilitate their reunification. Castañeda elaborated, “If there is no feasible option, we initiate the adoption process.”

    For non-Mexican minors, the process may include referring the child to Mexico’s refugee agency, reuniting them with family members, repatriating them to their home country (if their lives are not in danger), or providing alternative support if they are unable to leave the country.

    Some individuals have discovered signs of the system’s inefficiency in practice

    Investigative journalism outlet Animal Politico conducted a probe in 2022, uncovering that officials are not adhering to this protocol as required.

    According to the investigation, between January 21, 2021, and May 22, 2022, INM detained 98,671 migrant minors. However, only 19 percent of them were processed in compliance with the new system.

    According to documents obtained by Animal Politico, there have been numerous violations of thelegislation. Out of the 19 percent, 55 percent were sent back to their home countries despite indications of heightened levels of gang control and violence. According to interviews with former officials, some children are still detained in migrant facilities because of the lack of shelter space.

    The federal government has provided funding to states for the upgrading of their shelters and the modernization of their infrastructure

    In response to these criticisms, Castañeda admitted that the DIF system was not equipped to handle the growing number of migrant and Mexican children.

    “The resources needed to implement this legal reform were not supplied,” he noted. “It has taken nearly three years to establish the necessary facilities and recruit staff to ensure these children receive proper care.”

    Castro claimed that both the state and federal governments have been slow in implementing these changes. Having previously worked in a state agency in Oaxaca for the protection of children and adolescents, she has firsthand experience of the lack of resources in these agencies.

    “These agencies often lack the necessary resources to explain to young people and minors what is actually happening, their whereabouts, the legal procedures they are going through, and the potential consequences,” she stated.

    Castañeda, however, mentioned that the government is currently in the process of updating the system. He pointed out the funds being allotted to states to expand their facilities. Last month, the state of Quintana Roo announced an allocation of 45 million pesos for the renovation of their shelters for minors. Castañeda clarified that this funding covers not onlyThe underlying issue involves not only the infrastructure but also the instruction and employment of suitable personnel, especially due to the increase in the volume of migrants journeying.across Mexico to the U.S is experiencing an upward trend.

    According to Castro, the real crisis stems from the insufficient government reaction to enduring migration patterns. Castro is eagerly anticipating witnessing the discernible effects of this allocation on the current state of affairs.

    Image Source: samuel perales / Shutterstock

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