“LEGAL COMMENTS MADE BY A FORMER FEDERAL DELEGATE OF THE NATIONAL INSTITUTE OF MIGRATION OF MEXICO, ON THE REFUSAL OF ENTRY BY THE OFFICIALS OF THE INM TO FOREIGNERS”
RTAG has on retainer a Mexico City law firm, Luis Fernandez Vargas, discussing with former Mexican Authorities the legality of their Guardian Angel Program – http://www.banderasnews.com/1405/nb-mexico-guardian-angel-program.htm. These efforts may lead to legal action in Mexican immigration courts.
1. Without giving registrants REJECTION ACT in writing, keeping them incommunicado and not see a trusted person or their own lawyer. All the above are illegal and unconstitutional acts under the Chapter of Human Rights (Individual Guarantees) enunciated in the Magna Carta of Mexico.
2. INM official reviewed criminal due process carried out in Mexican the courts as it pertains to the Guardian Angel Program. Bearing in mind that a general principle of law is that NOBODY CAN BE TRIALED TWICE FOR THE SAME CRIME, it is very questionable to exercise the discretionary refusal based on the above, therefore said refusal is subject to Indirect Amparo.
3. The Mexican constitution states that every act of the authority must be in writing, however, the foreigner who is denied entry is NEVER given the act of rejection.
4. The Mexican constitution takes precedence over all treaties and agreements between Mexico and other foreign government. Guardian Angel violates due pocess, ex post facto, and equality before the law and are entitled without any discrimination to equal protection of the law.
5. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law.
6. No one shall be subjected to arbitrary arrest, detention or exile.