http://www.ilw.com/immigdaily/news/2005,0411-crs.pdf
CRS Report for Congress
Received through the CRS Web
Order Code RL32735
Mexico-United States Dialogue on
Migration and Border Issues, 2001-2005
Background on Pre-2001 Policies
Presidents Bush and Fox began the bilateral discussions in the context of the immigration and 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 of Mexico, and the enactment of the Legal Immigrant Family Equity (LIFE) Act of 2000 that will be summarized 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. employers who knowingly hire undocumented workers; increased border control and enforcement measures; anti-discrimination safeguards; provision for legalization of illegal aliens who resided continuously in the United States before 1982; and a special legalization for farm workers previouslyemployed on American farms. The act sought to combine the sanctions for employers who knowingly hire
undocumented workers and tougher border control and enforcement measures to discourage future immigration, with the provision of amnesty or legalization for undocumented migrants who already had 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 to legal permanent residents (LPRs) under certain procedures and with rights to obtain citizenship in the future.
Immigration Reform and Welfare Reform Acts of 1996. In 1996,
during the Clinton presidency, Congress passed two major immigration reform measuresto control illegal immigration and to limit theeligibilityof aliens for federal
programs. One was the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, 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 Work Opportunity Reconciliation Act of 1996 (P.L. 104-193).
The first measure sought to control illegal immigration by adding 1,000 Border Patrol agents per year for five years (FY1997-FY2001), along with additional personnel,
equipment, and procedures. The second measure and to some extent the first sought to reduce the attractiveness of immigration by restricting the eligibility of aliens for
federal programs.
Clinton-Zedillo Initiatives.
In the context of the U.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 formalized regular bilateral consultations between consulates and border agencies through the Border Liaison Mechanisms, and theyissued a Binational Study on Migration in 1997 that found that unauthorized migration carries costs for both countries. They also pursued a Border Safety Campaign to reduce violence and deaths on the border through public information campaigns, and search and rescue programs. In mid-May 2000, following expressions of concern over private ranchers detaining Mexican migrants in Arizona, the governments announced that they would prosecute any unlawful behavior by private citizens, combat migrant smugglers, and expand regular consultation mechanisms. 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 other mechanisms, the countries developed a joint anti-drug strategy in early February 1998, adopted extensive anti-
moneylaundering measures in 2000, and facilitated the vastlyexpanded U.S. training of law enforcement and military units involved in counter-narcotics activities.
Legal Immigration Family
Equity(LIFE)Act of 2000.
Beginning around the year 2000, the U.S. Congress began to shift the direction of policy from the 1996 immigration legislation. In February 2000, the AFL-CIO called for amnesty for established illegal immigrants in the United States, a more lenient immigration policy,and universal enforcement of workers rights, and this approach was generally supported by the Clinton Administration. While some Members attempted to pass variations of the Latino and Immigrant Fairness Act (LIFA), embodied in S. 3095
(sponsored by Senator Edward Kennedy), 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 legislation created and expanded visa categories for persons with pending family unification applications, and allowed certain aliens involved in class action court cases to adjust to LPR status. It also reinstated until April 30, 2001, Section 245(i)of the Immigration and Nationality Act (INA), which permitted unauthorized aliens to adjust to LPR status upon a payment of a fee if they were otherwise eligible for visas, without being forced to return to their native countries. Congress also increased the number of temporary H-1B professional workers, and it considered, but did not approve, measures toincrease the number of H-2A agricultural workers.
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April 4, 1992 Signing in Mexico by Canada and Mexico of a protocol agreement on cooperation projects regarding labour.
August 12, 1992: Signing of an agreement in principle on NAFTA.
September 17, 1992: Creation of a trilateral commission responsible for examining cooperation in the area of the environment.
October 7, 1992: Official signing of NAFTA by Michael Wilson of Canada (minister), American ambassador Carla Hills and Mexican secretary Jaime Serra Puche, in San Antonio (Texas).
December 17, 1992: Official signing of NAFTA by Canadian Prime Minister Brian Mulroney, US president George Bush, and Mexican president Carlos Salinas de Gortari, subject to its final approval by the federal Parliaments of the three countries.
March 17 and 18, 1993: Start of tripartite discussions in Washington aimed at reaching subsidiary agreements covering labor and the environment.
September 14, 1993: Official signing of parallel agreements covering labor and the environment in the capitals of the three countries.
1993: The Liberal Party under Jean Chretien promises to renegotiate NAFTA in its campaign platform, titled "Creating Opportunity: the Liberal Plan for Canada" and also known as The Red Book.
December 1993: Newly elected Canadian Prime Minister Jean Chretien signs NAFTA without changes, breaking his promise to renegotiate NAFTA. U.S. President Bill Clinton signs NAFTA for the U.S.
November 1993: The North American Development Bank (NADB) and its sister institution, the Border Environment Cooperation Commission (BECC), are created under the auspices of the North American Free Trade Agreement (NAFTA) to address environmental issues in the U.S.-Mexico border region. The two institutions initiate operations under the November 1993 Agreement Between the Government of the United States of America and the Government of the United Mexican States Concerning the Establishment of a Border Environment Cooperation Commission and a North American Development Bank (the “Charter”). See: About Us (The North American Development Bank)
January 1, 1994: NAFTA and the two agreements on labour and the environment go into effect, replacing CUSFTA.
November 16, 1994: Canada and Mexico sign a cooperation agreement regarding the peaceful use of nuclear energy.
December 1994: The Summit of the Americas is held in Miami. The three signatories of NAFTA officially invite Chile to become a contractual party of the agreement. The Free Trade Area of the Americas or FTAA is initiated. According to the offical FTAA website, "the Heads of State and Government of the 34 democracies in the region agreed to construct a Free Trade Area of the Americas, or FTAA, in which barriers to trade and investment will be progressively eliminated. They agreed to complete negotiations towards this agreement by the year 2005 and to achieve substantial progress toward building the FTAA by 2000."
December 22, 1994: Mexican monetary authorities decide to let the Peso float. The US and Canada open a US$6 billion line of credit for Mexico.
January 3, 1995: Mexican president Ernesto Zedillo presents an emergency plan.
January 1995: President Clinton announces an aid plan for Mexico.
February 9, 1995: Mickey Kantor, the US Foreign Trade representative, announces Washington’s intention to include the provisions of NAFTA regarding labor and the environment in negotiations with Chile.
February 21, 1995: Signing in Washington of an agreement regarding the financial assistance given to Mexico. Mexico in turn promises to pay Mexican oil export revenue as a guarantee into an account at the Federal Reserve in New York.
February 28, 1995: Mexico announces the increase of its customs duties on a number of imports from countries with which it does not have a free trade agreement.
March 9, 1995: President Zedillo presents austerity measures. The plan envisages a 50% increase in value added taxes, a 10% reduction of government expenditure, a 35% increase in gas prices, a 20% increase in electricity prices and a 100% increase in transportation prices. The minimum wage is increased by 10%. The private sector can benefit from government assistance. The inter-bank rate that is reduced to 74% will be increased to 109% on March 15.
March 29, 1995: Statistical data on US foreign trade confirms the sharp increase in Mexican exports to the US.
April 10, 1995: The US dollar reaches its lowest level in history on the international market. It depreciated by 50% relative to the Japanese yen in only four years.
June 7, 1995: First meeting of the ministers of Foreign Trade of Canada (Roy MacLaren), the US (Mickey Kantor), Mexico (Herminio Blanco) and Chile (Eduardo Aninat) to start negotiations.
December 29, 1995: Chile and Canada commit to negotiate a bilateral free trade agreement.
June 3, 1996: Chile and Canada start negotiating the reciprocal opening of markets in Santiago.
November 18, 1996: Signing in Ottawa of the Canada-Chile free trade agreement by Jean Chrétien, Prime Minister of Canada and Eduardo Frei, President of Chile. The agreement frees 80% of trade between the two countries. It is the first free trade agreement signed between Chile and a member of the G 7.
July 4, 1997: The Canada-Chile free trade agreement comes into effect.
1997: The US presidency proposes applying NAFTA parity to Caribbean countries.
April 17, 1998: Signing in Santiago, Chile of the free trade agreement between Chile and Mexico by President Ernesto Zedillo Ponce de León of Mexico, and President Eduardo Frei of Chile.
August 1, 1999: The Chile-Mexico free trade agreement comes into effect.
September, 1999: The Canadian right-wing think tank the Fraser Institute publishes a paper by Herbert G. Grubel titled "The Case for the Amero: The Economics and Politics of a North American Monetary Union." In the paper Grubel argues that a common currency is not inevitable but it is desirable. See: The Case for the Amero
July 2, 2000: Vicente Fox Quesada of the National Action Party (PAN), is elected president of Mexico, thus ending the reign of the Revolutionary Institutional Party (RIP) that had held power for 71 years. Mr. Fox is sworn in on 1 December 2000.
July 4, 2000: Mexican president Vicente Fox proposes a 20 to 30 year timeline for the creation of a common North American market. President Fox’s “20/20 vision” as it is commonly called, includes the following: a customs union, a common external tariff, greater coordination of policies, common monetary policies, free flow of labor, and fiscal transfers for the development of poor Mexican regions. With the model of the European Fund in mind, President Fox suggests that US $10 to 30 billion be invested in NAFTA to support underdeveloped regions. The fund could be administered by an international financial institution such as the Inter-American Development Bank.
November 27, 2000: Trade negotiations resume between the US and Chile for Chile’s possible entry into NAFTA.
2001: Robert Pastor's 2001 book "Toward a North American Community" is published. The book calls for the creation of a North American Union (NAU).
April 2001: Canadian Prime Minister Jean Chretien and US President George W. Bush sign the Declaration of Quebec City at the third Summit of the Americas: “This is a ‘commitment to hemispheric integration."
August 30, 2001: The Institute for International Economics issues a press release advocating that the United States and Mexico should use the occasion of the visit of President Vicente Fox of Mexico on September 4-7 to develop a North American Community as advocated by Robert Pastor in his book "Toward a North American Community."
September 11, 2001: A series of coordinated suicide terrorist attacks upon the United States, predominantly targeting civilians, are carried out on Tuesday, September 11, 2001. Two planes (United Airlines Flight 175 and American Airlines Flight 11) crashed into the World Trade Center in New York City, one plane into each tower (One and Two). Both towers collapsed within two hours. The pilot of the third team crashed a plane into the Pentagon in Arlington County, Virginia. Passengers and members of the flight crew on the fourth aircraft attempted to retake control of their plane from the hijackers; that plane crashed into a field near the town of Shanksville in rural Somerset County, Pennsylvania. Excluding the 19 hijackers, a confirmed 2,973 people died and another 24 remain listed as missing as a result of these attacks. In response, the Bush administration launches the "war on terror" and becomes very concerned with security.
December 2001: New U.S. Ambassador to Canada Paul Cellucci publicly advocates "NAFTA-plus". See: The Emergence of a North American Community