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undocumented migrants. These often take place in areas near shelters where migrants are housed
or in migrant communities. Many of these incidents and practices are associated with the
transnational gang network described in more detail above. Systematic kidnapping for ransom
purposes, whereby migrants with relations in the United States were targeted so that they would
send money in order to free their family members in Mexico, was also reported. These incidents
often go unreported if the relatives in the United States are undocumented and do not want to
raise alarm for fear of deportation, raising levels of impunity. Reports of kidnappings involving
sexual violence against women were highlighted.
70. Mexico has adopted an anti-mara law at the national level, and works with the
United States and Central America on regional approaches to combating the phenomenon.
However, there seem to be concerns about the collaboration between these networks and
governmental officials and law enforcement agents, making the distinction between the
two groups difficult to discern. Impunity, corruption, extortion and bribery seem to be a rampant
phenomenon within the business of migration and contributing significantly to the pervasive
abuse of migrants.
C. Assistance to migrants
71. Basic due-process guarantees include the right to information, translation, and
interpretation, the right to be heard, the right to an impartial and accountable adjudicator, the
right to legal representation, the right to judicial review, and the right to consular access. The
Government of Mexico faces the challenge of providing due-process guarantees to unauthorized
migrants while also helping the majority return home safely and quickly.
72. In practice, the Government implements due-process guarantees unevenly. One problem is
that authorities from several agencies participate in the detention process before turning migrants
over to migration officials. As a result, the initial information collected about the circumstances
leading to detention is not always clear. In theory, a recent reform decriminalizing
undocumented entry should return migration control to INM agents and the Federal Preventive
Police. However, if INM officials detain Central Americans they presume to be irregular
migrants, and if those individuals cannot produce any legal migration documents, they will be
placed in deportation proceedings with little time to clarify their situation.
73. Once migrants are in the custody of migration officials, the procedures vary among
regional offices. For example, some officials allow migrants to make phone calls while others do
not. Some migrants interviewed stated that they were unable to make phone calls if they lacked
the necessary funds, which is often the case, especially with minors.
74. The Special Rapporteur observed a number of challenges regarding consular processes and
migrants’ detention and return to their country of origin. According to international standards,3
the receiving State is to notify the consular or diplomatic authorities of the State of origin
3
Vienna Convention on Consular Relations, art. 36.