Mexico Signals Willingness to Accept ‘Other than Mexican’ Deportees

 Shortly after the 2024 election, the incoming Trump administration discussed plans to send deportees from the U. S. to third countries, including the Turks and Caicos, the Bahamas, Panama, and Grenada. In a surprising turn, Mexican President Claudia Sheinbaum has expressed willingness to accept "other than Mexican" (OTM) deportees from the U. S. , which aligns with the Immigration and Nationality Act (INA). The main concern regarding this plan is the cost involved.

Deportation follows a multi-step process which starts when an alien is stopped at the U. S. borders or ports or is arrested within the country. Aliens lacking proper entry documents are subject to "expedited removal" but may request asylum or claim fear of harm upon return, leading to further assessment by asylum officers. If they show credible fear, they enter removal proceedings where immigration judges decide their fate. The Department of Homeland Security (DHS) is obligated to remove aliens with final orders within 90 days.

Currently, over 1. 42 million aliens with final removal orders remain in the U. S. This is primarily because the Biden administration has focused on removing only those with serious criminal records or threats to national security. Additionally, some of these aliens come from “recalcitrant countries” that do not issue necessary travel documents for deportation. The INA allows restrictions on visa issuances for nationals of these countries, which past administrations have used but faced challenges due to strong lobbying for visa issuance and poor diplomatic relations with countries like Cuba and Venezuela.

The Supreme Court has limited the indefinite detention of aliens, mandating that those with no significant likelihood of removal must be released after six months. Most aliens in removal proceedings can designate a “country of removal,” although asylum seekers usually avoid doing so to maintain their claims. Under section 241(b) of the INA, there are set rules for where an alien can be removed, typically back to the country they boarded their conveyance from unless that country refuses to accept them.

DHS has a complex process in place for determining alternative countries of removal, including the alien's nationality, country of residence, or even birthplace. If none of those countries can be used, DHS must seek any country willing to accept the alien.

The incoming Trump administration has considered various options for the deportees, but many targeted countries have rejected taking non-nationals. However, President Sheinbaum has suggested Mexico could take some OTM deportees, signaling a shift in her previous position. She has mentioned Mexico is prepared to handle these deportations but hasn't provided specific details on the conditions.

If Mexico does accept OTM deportees, it will likely not do so unconditionally. Sheinbaum may want compensation and will be selective about which nationalities to accept. Mexico's strong trade ties with the U. S. could influence this willingness, as the economic relationship is crucial. Sheinbaum's approach may also reflect a desire to obtain aid or other benefits from the U. S. government as part of the arrangement to accept deportees.

https://cis.org/Arthur/Mexico-Signals-Willingness-Accept-Other-Mexican-Deportees