Mexican nationality law

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The Mexican nationality law is in the 30th article of the Constitution of Mexico and another law, as provided by the 32nd article about the exercise of the rights given by Mexican legislation to those Mexicans that also possess another nationality and to establish the norms to avoid the conflicts generated by the use of double nationality. This law was last modified in 2005.

In general terms, Mexican nationality is based on both the principle of jus soli and the principle of jus sanguinis. The Mexican constitution also makes a distinction between nationals of Mexico and citizens of Mexico.

Acquisition of nationality[edit]

According to the 30th article of the Constitution of Mexico, there are two ways in which a person can acquire the Mexican nationality, by birth and by naturalization.[1]

Nationality by birth[edit]

The constitution declares that Mexicans by birth (born Mexicans) include the following:[1]

  • individuals born in Mexican territory regardless of the nationality of their parents;
  • individuals born abroad if one or both of their parents was a Mexican national born in Mexican territory;
  • individuals born abroad if one or both of their parents was a Mexican national by naturalization; and
  • individuals born in Mexican merchant or Navy ships or Mexican merchant or Army aircraft

Nationality by naturalization[edit]

Mexicans by naturalization are the following:[1]

  • those that obtain from the Secretariat of Foreign Affairs a letter of naturalization, and
  • the man or woman married to a Mexican national residing in that Mexican territory and fulfilling all requirements set forth in the Mexican nationality law: to have lived with the spouse for two years immediately prior to the date of the application.

The Nationality Law establishes also that a foreigner that wishes to naturalize must do the following:[2]

  • present the application to the Secretariat of Foreign Affairs;
  • formulate the renunciation and taking of the oath of nationality once this has been given;
  • prove knowledge of Spanish and Mexican history integratation to the national culture; and
  • prove residence in Mexico for five years immediately prior to the submission of the application, or
  • two years of residency if:
  • a direct descendant of a Mexican by birth; or
  • is the mother or father of a Mexican by birth; or
  • is a national of a Latin American or Iberian country; or
  • to the judgment of the Secretariat, she or he has performed or created outstanding works in a cultural, social, scientific, technical, artistic, sports or business area that benefit the nation, in which case, the foreigner is not required to have resided in the country for the number of years prescribed in the law; or
  • one year of residency if adopted by a Mexican national, as well as all minors, who are second generation descendants or have been under tutelage of a Mexican national.

Possession of Mexican nationality[edit]

Mexican nationality entails several obligations set forth in the 31st article of the Constitution, namely:[3]

  • to take their children or pupils to public or private schools to receive preschool, primary and secondary education; as well as military education as and if required by the law;
  • to present themselves in the days and hours designated by the municipalities in which they reside to receive civic and military instruction;
  • to enlist and serve in the National Guard to defend the independence, territory, honor, rights and interest of the nation;
  • to contribute to the public expenditures through their taxes;

Documents that serve as proof of nationality are the following:[2]

  • birth certificates;
  • letter of naturalization;
  • passports;
  • national identity cards, and
  • consular identity cards if they have a digital photograph, a magnetic band and a holographic identification.

Mexican citizenship[edit]

As in most other Central and South American countries, Mexican law differentiates between nationality and citizenship. Nationality is the attribute of the person in international law that describes their relationship to the State, whereas citizenship is given to those nationals (those who hold Mexican nationality) that have certain rights and responsibilities before the State. The 34th article of the Mexican constitution establishes that Mexican citizens are those Mexican [nationals] who are 18 years of age or older, and who have an "honest way of living". Mexican citizens have these rights:[4]

  • vote in all elections;
  • be elected in all elections
  • gather or associate freely to participate in the political affairs of the nation;
  • enlist in the Mexican Army or the Mexican National Guard to defend the Republic and its institutions, and
  • exercise the right of petition.

Mexican law also distinguishes between naturalized citizens and natural-born citizens in many ways. Under the Mexican constitution, naturalized citizens are prohibited from serving in a wide array of positions, mostly governmental. Naturalized Mexicans cannot occupy any of following posts:

  • The Mexican military during peacetime[5]
  • Policeman[5]
  • Captain, pilot, or crew member on any[dubious ] Mexican-flagged vessel or aircraft[5]
  • President of Mexico[6]
  • Member of the Congress of Mexico[7]
  • Member of the Supreme Court of Mexico[8]
  • Governor of a Mexican state[9]
  • Mayor or member of the legislature of Mexico City[9]

Loss of nationality and loss of citizenship[edit]

The 37th article of the constitution establishes that Mexicans by birth (natural born Mexicans) can never be deprived of their nationality,[10] as defined in the Nationality law, in the acquisition of another nationality. However, naturalized Mexicans may lose their nationality by doing the following:[10]

  • voluntarily acquiring another nationality, presenting themselves as foreigners or accepting nobility titles that imply a submission to a foreign state;

Even though Mexican nationals by birth may never lose their nationality, Mexican citizenship, and thus its prerogatives, may be lost if a person does the following:[10]

  • accepts nobility titles from foreign countries;
  • serves in a foreign government without the authorization of the Congress of the Union;
  • accepts or uses foreign distinctions, titles or functions, without the authorization of the Congress of the Union, with the exception of those that are literary, scientific or humanitarian in nature;
  • helps a foreign citizen or government against Mexico in any diplomatic claim or before an International Tribunal.

Multiple nationality[edit]

The Mexican nationality law acknowledges that a Mexican by birth may possess another nationality. If that is the case, however, such an individual must always enter and leave the country as a Mexican (by presenting a Mexican proof of citizenship). The law also established that regardless of possession of another nationality, an individual will always be considered a Mexican national and or cannot claim protection from a foreign country in certain cases:[2]

  • participating in capital of an entity or a company if they are constituted according to the Mexican law; if
  • giving credits to such entities; and if
  • possessing property in Mexican territory.

All Mexican nationals by birth who possess another nationality cannot be elected for or work in public office only in those cases that the law clearly establishes that they must not acquire another nationality. If in such a case, she or he can request a Certificate of Nationality from the government, renouncing the other nationality.

See also[edit]

References[edit]

  1. ^ a b c Artículo 30 de la Constitución Política de los Estados Unidos Mexicanos.
  2. ^ a b c Ley de Nacionalidad. Secretaría de Relaciones Exteriores. Law as of 2005
  3. ^ Artículo 31 de la Constitución Política de los Estados Unidos Mexicanos
  4. ^ Artículo 34 de la Constitución Política de los Estados Unidos Mexicanos
  5. ^ a b c Artículo 32 de la Constitución Política de los Estados Unidos Mexicanos
  6. ^ Artículo 82 de la Constitución Política de los Estados Unidos Mexicanos
  7. ^ Artículo 55 de la Constitución Política de los Estados Unidos Mexicanos
  8. ^ Artículo 95 de la Constitución Política de los Estados Unidos Mexicanos
  9. ^ a b Artículo 117 de la Constitución Política de los Estados Unidos Mexicanos
  10. ^ a b c Artículo 37 de la Constitución Política de los Estados Unidos Mexicanos

External links[edit]