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| |
A Pastoral Letter Concerning
Migration
from the Catholic Bishops of Mexico and the United States
Introduction
Chapter I. America: A Common History of Migration and a Shared Faith in Jesus
Christ
Chapter II. Reflections in the Light
of the Word of God and Catholic Social Teaching
Migration in the Light of the Word of God
Old
Testament
New
Testament
Migration in the Light of Catholic Social Teaching
I.
Persons have the right to find opportunities in their homeland.
II.
Persons have the right to migrate to support themselves
and their families.
III. Sovereign nations have the right to control their borders.
IV.
Refugees and asylum seekers should be afforded protection.
V.
The human dignity and human rights of undocumented
migrants should be respected.
Chapter III. Pastoral Challenges and
Responses
Toward Conversion
Toward Communion
Toward Solidarity
Pastoral Care at Origin, in Transit, and at Destinations
Collaborative Pastoral Responses
Chapter IV. Public Policy Challenges and
Responses
Addressing the Root Causes of Migration
Creating Legal Avenues for Migration
Family-Based Immigration
Legalization of the Undocumented
Employment-Based Immigration
Humane Enforcement Policies in Mexico and the United States
Enforcement Tactics
Border Enforcement Policies
Due
Process Rights
Protecting Human Rights in Regional Migration Policies
Consequences of September 11 Terrorist Attacks for
Migrants
Conclusion
Appendix: Definitions
1. As we begin the third millennium, we give thanks to God the Father for the
many blessings of creation, and to our Lord Jesus Christ for the gift of
salvation. We raise our prayer to the Holy Spirit to strengthen and guide us in
carrying out all that the Lord has commanded us. In discerning the signs of the
times, we note the greatly increased migration among the peoples of the
Americas, and we see in this but one manifestation of a worldwide
phenomenon–often called globalization–which brings with it great promises along
with multiple challenges.
2. We speak as two episcopal conferences but as one Church, united in the view
that migration between our two nations is necessary and beneficial. At the same
time, some aspects of the migrant experience are far from the vision of the
Kingdom of God that Jesus proclaimed: many persons who seek to migrate are
suffering, and, in some cases, tragically dying; human rights are abused;
families are kept apart; and racist and xenophobic attitudes remain.
3. On January 23, 1999, at the Basilica of Our Lady of Guadalupe, Pope John Paul
II presented his apostolic exhortation Ecclesia in America, which
resulted from the Synod of Bishops of America.1
In the spirit of ecclesial solidarity begun in that synod and promoted in
Ecclesia in America, and aware of the migration reality our two nations
live, we the bishops of Mexico and the United States seek to awaken our peoples
to the mysterious presence of the crucified and risen Lord in the person of the
migrant and to renew in them the values of the Kingdom of God that he
proclaimed.
4. As pastors to more than ninety million Mexican Catholics and sixty-five
million U.S. Catholics, we witness the human consequences of migration in the
life of society every day. We witness the vulnerability of our people involved
in all sides of the migration phenomenon, including families devastated by the
loss of loved ones who have undertaken the migration journey and children left
alone when parents are removed from them. We observe the struggles of landowners
and enforcement personnel who seek to preserve the common good without violating
the dignity of the migrant. And we share in the concern of religious and social
service providers who, without violating civil law, attempt to respond to the
migrant knocking at the door.
5. Migrants and immigrants are in our parishes and in our communities. In both
our countries, we see much injustice and violence against them and much
suffering and despair among them because civil and church structures are still
inadequate to accommodate their basic needs.
6. We judge ourselves as a community of faith by the way we treat the most
vulnerable among us. The treatment of migrants challenges the consciences of
elected officials, policymakers, enforcement officers, residents of border
communities, and providers of legal aid and social services, many of whom share
our Catholic faith.
7. In preparing this statement we have spoken with migrants, public officials,
enforcement officers, social justice activists, pastors, parishioners, and
community leaders in both the United States and Mexico as part of a process that
lasted two years. Our dialogue has revealed a common desire for a more orderly
system that accommodates the reality of migration and promotes just application
of civil law. We seek to measure the interests of all parties in the migration
phenomenon against the guidelines of Catholic social teaching and to offer a
moral framework for embracing, not rejecting, the reality of migration between
our two nations. We invite Catholics and persons of good will in both nations to
exercise their faith and to use their resources and gifts to truly welcome the
stranger among us (cf. Mt 25:35).
8. In recent years, signs of hope have developed in the migration phenomenon in
both Mexico and the United States: a growing consciousness of migrants as
bearers of faith and culture; an outpouring of hospitality and social services,
including migrant shelters; a growing network of advocates for migrants' and
immigrants' rights; a more organized effort at welcome and intercultural
communion; a greater development of a social conscience; and greater recognition
by both governments of the importance of the issue of migration. Each of our
episcopal conferences has spoken with great urgency to encourage these signs of
hope.2
We reiterate our appreciation for and our encouragement of manifestations of
commitment to solidarity according to the vision inspired by Ecclesia in
America (EA).
9. We speak to the migrants who are forced to leave their lands to provide for
their families or to escape persecution. We stand in solidarity with you. We
commit ourselves to your pastoral care and to work toward changes in church and
societal structures that impede your exercising your dignity and living as
children of God.
10. We speak to public officials in both nations, from those who hold the
highest offices to those who encounter the migrant on a daily basis. We thank
our nations' presidents for the dialogue they have begun in an effort to
humanize the migration phenomenon.
11. We speak to government personnel of both countries who enforce, implement,
and execute the immigration laws.
12. Finally, we speak to the peoples of the United States and Mexico. Our two
nations are more interdependent than ever before in our history, sharing
cultural and social values, common interests, and hopes for the future. Our
nations have a singular opportunity to act as true neighbors and to work
together to build a more just and generous immigration system.
13. America is a continent born of immigrant peoples who came to inhabit these
lands and who from north to south gave birth to new civilizations. Throughout
history the continent has suffered through the expansion of other peoples who
came to conquer and colonize these lands, displacing and eliminating entire
peoples and even forcing unknown millions of persons and families from Africa to
come as slaves.
14. It was precisely within the historical processes of forced and voluntary
movements that faith in Christ entered into these lands and extended all over
the continent. Faith in Christ has thus "shaped [our] religious profile, marked
by moral values which, though they are not always consistently practiced and at
times are cast into doubt, are in a sense the heritage of all Americans, even of
those who do not explicitly recognize this fact" (EA, no. 14).
15. Our continent has consistently received immigrants, refugees, exiles, and
the persecuted from other lands. Fleeing injustice and oppression and seeking
liberty and the opportunity to achieve a full life, many have found work, homes,
security, liberty, and growth for themselves and their families. Our countries
share this immigrant experience, though with different expressions and to
different degrees.
16. Since its origins, the Mexican nation has had a history marked by encounters
between peoples who, coming from different lands, have transformed and enriched
it. It was the encounter between Spaniards and indigenous people that gave rise
to the Mexican nation in a birth that was full of the pain and joy that the
struggle for life entails. Besides this, immigrants from all continents have
participated in the birth of Mexico; they continue to do so now and will for
years to come. Mexico is not only a country of emigrants, but also a country of
immigrants who come to build their lives anew. It is important to
remember the difficult experiences many of our brothers and sisters have of
being strangers in a new land and to welcome those who come to be among us.
17. Since its founding, the United States has received immigrants from around
the world who have found opportunity and safe haven in a new land. The labor,
values, and beliefs of immigrants from throughout the world have transformed the
United States from a loose group of colonies into one of the leading democracies
in the world today. From its founding to the present, the United States remains
a nation of immigrants grounded in the firm belief that newcomers offer new
energy, hope, and cultural diversity.
18. At the present time, the interdependence and integration of our two peoples
is clear. According to U.S. government statistics, about 800,000 Mexicans enter
the United States each day.3
Cross-border U.S. and Mexican investment has reached unprecedented levels in
recent years. Moreover, each year the United States admits between 150,000 to
200,000 Mexicans into the country as legal permanent residents, amounting to
nearly 20 percent of the total number of legal permanent residents admitted
each year.4
A significant number of U.S. citizens live, work, and retire in Mexico. In
addition to this present interdependence, Mexico and the United States have been
bound historically by spiritual connections.
19. Our common faith in Jesus Christ moves us to search for ways that favor a
spirit of solidarity. It is a faith that transcends borders and bids us to
overcome all forms of discrimination and violence so that we may build
relationships that are just and loving.
20. Under the light of the apparition of Our Lady of Guadalupe to the littlest
of her children, who were as powerless as most migrants are today, our
continent's past and present receive new meaning. It was St. Juan Diego whom our
Mother asked to build a temple so in it she could show her love, compassion,
aid, and defense to all her children, especially the least among them.5
Since then, in her Basilica and beyond its walls, she has brought all the
peoples of America to celebrate at the table of the Lord, where all his children
may partake of and enjoy the unity of the continent in the diversity of its
peoples, languages, and cultures (EA, no. 11).
21. As Pope John Paul II wrote in Ecclesia in America:
In its history, America has experienced many
immigrations, as waves of men and women came to its various regions in the hope
of a better future. The phenomenon continues even today, especially with many
people and families from Latin American countries who have moved to the northern
parts of the continent, to the point where in some cases they constitute a
substantial part of the population. They often bring with them a cultural and
religious heritage which is rich in Christian elements. The Church is well aware
of the problems created by this situation and is committed to spare no effort in
developing her own pastoral strategy among these immigrant people, in order to
help them settle in their new land and to foster a welcoming attitude among the
local population, in the belief that a mutual openness will bring enrichment to
all. (EA, no. 65)
22. The word of God and the Catholic social teaching it inspires illuminate an
understanding–one that is ultimately full of hope–that recognizes the lights and
shadows that are a part of the ethical, social, political, economic, and
cultural dimensions of migrations between our two countries. The word of God and
Catholic social teaching also bring to light the causes that give rise to
migrations, as well as the consequences that they have on the communities of
origin and destination.
23. These lights and shadows are seen in faith as part of the dynamics of
creation and grace on the one hand, and of sin and death on the other, that form
the backdrop of all salvation history.
Old Testament
24. Even in the harsh stories of migration, God is present, revealing himself.
Abraham stepped out in faith to respond to God's call (Gn 12:1). He and Sarah
extended bounteous hospitality to three strangers who were actually a
manifestation of the Lord, and this became a paradigm for the response to
strangers of Abraham's descendants. The grace of God even broke through
situations of sin in the forced migration of the children of Jacob: Joseph, sold
into slavery, eventually became the savior of his family (Gn 37:45)–a type of
Jesus, who, betrayed by a friend for thirty pieces of silver, saves the human
family.
25. The key events in the history of the Chosen People of enslavement by the
Egyptians and of liberation by God led to commandments regarding strangers (Ex
23:9; Lv 19:33). Israel's conduct with the stranger is both an imitation of God
and the primary, specific Old Testament manifestation of the great commandment
to love one's neighbor: "For the Lord, your God, is the . . . Lord of lords, the
great God, mighty and awesome, who has no favorites, accepts no bribes, who
executes justice for the orphan and widow, and befriends the alien, feeding and
clothing him. So you, too, must befriend the alien, for you were once aliens
yourselves in the land of Egypt" (Dt 10:17-19). For the Israelites, these
injunctions were not only personal exhortations: the welcome and care of the
alien were structured into their gleaning and tithing laws (Lv 19:9-10; Dt
14:28-29).
New Testament
26. Recalling the migration of the Chosen People from Egypt, Jesus, Mary, and
Joseph themselves were refugees in Egypt: "Out of Egypt I called my son" (Mt
2:15). From this account the Holy Family has become a figure with whom Christian
migrants and refugees throughout the ages can identify, giving them hope and
courage in hard times.
St. Matthew also describes the mysterious presence of Jesus in the migrants who
frequently lack food and drink and are detained in prison (Mt 25:35-36). The
"Son of Man" who "comes in his glory" (Mt 25:31) will judge his followers by the
way they respond to those in such need: "Amen, I say to you, whatever you did
for one of these least brothers of mine, you did for me" (Mt 25:40).
27. The Risen Christ commanded his apostles to go to all nations to preach his
message and to draw all people through faith and baptism into the life of God
the Father, Son, and Holy Spirit (Mt 28:16-20). The Risen Christ sealed this
command through the sending of the Holy Spirit (Acts 2:1-21). The triumph of
grace in the Resurrection of Christ plants hope in the hearts of all believers,
and the Spirit works in the Church to unite all peoples of all races and
cultures into the one family of God (Eph 2:17-20).
The Holy Spirit has been present throughout the history of the Church to work
against injustice, division, and oppression and to bring about respect for
individual human rights, unity of races and cultures, and the incorporation of
the marginalized into full life in the Church. In modern times, one of the ways
this work of the Spirit has been manifested is through Catholic social teaching,
in particular the teachings on human dignity and the principle of solidarity.
28. Catholic teaching has a long and rich tradition in defending the right to
migrate. Based on the life and teachings of Jesus, the Church's teaching has
provided the basis for the development of basic principles regarding the right
to migrate for those attempting to exercise their God-given human rights.
Catholic teaching also states that the root causes of migration–poverty,
injustice, religious intolerance, armed conflicts–must be addressed so that
migrants can remain in their homeland and support their families.
29. In modern times, this teaching has developed extensively in response to the
worldwide phenomenon of migration. Pope Pius XII reaffirms the Church's
commitment to caring for pilgrims, aliens, exiles, and migrants of every kind in
his apostolic constitution Exsul Familia, affirming that all peoples have
the right to conditions worthy of human life and, if these conditions are not
present, the right to migrate. "Then–according to the teachings of [the
encyclical] Rerum Novarum–the right of the family to a [life worthy of
human dignity]6
is recognized. When this happens, migration attains its natural scope as
experience often shows."7
30. While recognizing the right of the sovereign state to control its borders,
Exsul Familia also establishes that this right is not absolute, stating
that the needs of immigrants must be measured against the needs of the receiving
countries:
Since land everywhere offers the possibility of supporting
a large number of people, the sovereignty of the State, although it must be
respected, cannot be exaggerated to the point that access to this land is, for
inadequate or unjustified reasons, denied to needy and decent people from other
nations, provided of course, that the public wealth, considered very carefully,
does not forbid this.8
In his landmark encyclical Pacem in Terris, Blessed
Pope John XXIII expands the right to migrate as well as the right to not have to
migrate: "Every human being has the right to freedom of movement and of
residence within the confines of his own country; and, when there are just
reasons for it, the right to emigrate to other countries and take up residence
there."9
Pope John XXIII placed limits on immigration, however, when there are "just
reasons for it." Nevertheless, he stressed the obligation of sovereign states to
promote the universal good where possible, including an obligation to
accommodate migration flows. For more powerful nations, a stronger obligation
exists.
31. The Church also has recognized the plight of refugees and asylum seekers who
flee persecution. In his encyclical letter Sollicitudo Rei Socialis, Pope
John Paul II refers to the world's refugee crisis as "the festering of a wound."10
In his 1990 Lenten message, Pope John Paul II lists the rights of refugees,
including the right to be reunited with their families and the right to a
dignified occupation and just wage. The right to asylum must never be denied
when people's lives are truly threatened in their homeland.11
32. Pope John Paul II also addresses the more controversial topic of
undocumented migration and the undocumented migrant. In his 1995 message for
World Migration Day, he notes that such migrants are used by developed nations
as a source of labor. Ultimately, the pope says, elimination of global
underdevelopment is the antidote to illegal immigration.12
Ecclesia in America, which focuses on the Church in North and South
America, reiterates the rights of migrants and their families and the respect
for human dignity "even in cases of non-legal immigration."13
33. Both of our episcopal conferences have echoed the rich tradition of church
teachings with regard to migration.14
Five principles emerge from such teachings, which guide the Church's view on
migration issues.
I. Persons have the right to find opportunities in their homeland.
34. All persons have the right to find in their own countries the economic,
political, and social opportunities to live in dignity and achieve a full life
through the use of their God-given gifts. In this context, work that provides a
just, living wage is a basic human need.
II. Persons have the right to migrate to support themselves and their
families.
35. The Church recognizes that all the goods of the earth belong to all people.15
When persons cannot find employment in their country of origin to support
themselves and their families, they have a right to find work elsewhere in order
to survive. Sovereign nations should provide ways to accommodate this right.
III. Sovereign nations have the right to control their borders.
36. The Church recognizes the right of sovereign nations to control their
territories but rejects such control when it is exerted merely for the purpose
of acquiring additional wealth. More powerful economic nations, which have the
ability to protect and feed their residents, have a stronger obligation to
accommodate migration flows.
IV. Refugees and asylum seekers should be afforded protection.
37. Those who flee wars and persecution should be protected by the global
community. This requires, at a minimum, that migrants have a right to claim
refugee status without incarceration and to have their claims fully considered
by a competent authority.
V. The human dignity and human rights of undocumented migrants should be
respected.
38. Regardless of their legal status, migrants, like all persons, possess
inherent human dignity that should be respected. Often they are subject to
punitive laws and harsh treatment from enforcement officers from both receiving
and transit countries. Government policies that respect the basic human rights
of the undocumented are necessary.
39. The Church recognizes the right of a sovereign state to control its borders
in furtherance of the common good. It also recognizes the right of human persons
to migrate so that they can realize their God-given rights. These teachings
complement each other. While the sovereign state may impose reasonable limits on
immigration, the common good is not served when the basic human rights of the
individual are violated. In the current condition of the world, in which global
poverty and persecution are rampant, the presumption is that persons must
migrate in order to support and protect themselves and that nations who are able
to receive them should do so whenever possible. It is through this lens that we
assess the current migration reality between the United States and Mexico.
40. Our concern as pastors for the dignity and rights of migrants extends to
pastoral responses as well as public policy issues. The Church in our two
countries is constantly challenged to see the face of Christ, crucified and
risen, in the stranger. The whole Church is challenged to live the experience of
the disciples on the road to Emmaus (Lk 24:13-25), as they are converted to be
witnesses of the Risen Lord after they welcome him as a stranger. Faith in the
presence of Christ in the migrant leads to a conversion of mind and heart, which
leads to a renewed spirit of communion and to the building of structures of
solidarity to accompany the migrant. Part of the process of conversion of mind
and heart deals with confronting attitudes of cultural superiority,
indifference, and racism; accepting migrants not as foreboding aliens,
terrorists, or economic threats, but rather as persons with dignity and rights,
revealing the presence of Christ; and recognizing migrants as bearers of deep
cultural values and rich faith traditions. Church leaders at every level are
called on to communicate this teaching as well as to provide instruction on the
phenomenon of migration, its causes, and its impact throughout the world. This
instruction should be grounded in the Scriptures and social teaching.
41. Conversion of mind and heart leads to communion expressed through
hospitality on the part of receiving communities and a sense of belonging and
welcome on the part of those in the communities where migrants are arriving. The
New Testament often counsels that hospitality is a virtue necessary for all
followers of Jesus. Many migrants, sensing rejection or indifference from
Catholic communities, have sought solace outside the Church. They experience the
sad fate of Jesus, recorded in St. John's Gospel: "He came to what was his own,
but his own people did not accept him" (Jn 1:11). The need to provide
hospitality and create a sense of belonging pertains to the Church on every
level, as Pope John Paul II said in his annual message on World Migration Day
1993: "The families of migrants . . . should be able to find a homeland
everywhere in the Church."16
42. We bishops have the primary responsibility to build up the spirit of
hospitality and communion extended to migrants who are passing through or to
immigrants who are settling in the area.
·
We call upon pastors and lay leaders
to ensure support for migrant and immigrant families.
·
We urge communities to offer migrant
families hospitality, not hostility, along their journey.
·
We commend church communities that
have established migrant shelters that provide appropriate pastoral and social
services to migrants.
·
We encourage Catholics and all people
of good will to work with the community to address the causes of undocumented
migration and to protect the human rights of all migrants.
·
We call on the local church to help
newcomers integrate in ways that are respectful, that celebrate their cultures,
and that are responsive to their social needs, leading to a mutual enrichment of
the local church.
·
We ask that special attention be
given to migrant and immigrant children and youth as they straddle two cultures,
especially to give them opportunities for leadership and service in the
community and to encourage vocations among them.
·
The Church on both sides of the
border must dedicate resources to provide pastoral care for migrants who are
detained or incarcerated. The presence of the Church within detention facilities
and jails is an essential way of addressing the human rights violations that
migrants may face when they are apprehended.
·
We encourage local dioceses to
sponsor pertinent social services for migrants and immigrants, particularly
affordable legal services.
·
In many rural dioceses, the primary
site of pastoral outreach for farm workers is the migrant camp, usually at a
significant distance from the parish church. In this context we encourage local
parishioners to be prepared as home missionaries and the migrants themselves to
be prepared as catechists and outreach workers.
43. The building of community with migrants and new immigrants leads to a
growing sense of solidarity. The bishop as pastor of the local church should
lead the priests, deacons, religious, and faithful in promoting justice and in
denouncing injustice towards migrants and immigrants, courageously defending
their basic human rights. This should be true in both the sending and receiving
churches. As leaven in the society, pastoral agents can be instruments for peace
and justice to promote systemic change by making legislators and other
government officials aware of what they see in the community. Working closely
with other advocates for workers and with non-governmental organizations, the
Church can be instrumental in developing initiatives for social change that
benefit the most vulnerable members of the community.
44. The Church should encourage these broad-based efforts to provide both a
comprehensive network of social services and advocacy for migrant families.
Another important resource these communities can offer migrants, especially
those seeking asylum or family reunification, is affordable or free legal
assistance. A special call is issued to lawyers in both our countries to assist
individuals and families in navigating the arduous immigration process and to
defend the human rights of migrants, especially those in detention. Parishes
should work together to provide adequate services throughout the community,
making every effort to invite parishioners with special expertise (lawyers,
doctors, social workers) to assist generously wherever they can.
45. The reality of migration, especially when the journey entails clandestine
border crossings, is often fraught with uncertainties and even dangers. As
migrants leave their homes, pastoral counseling should be offered to help them
to better understand these realities and to consider alternative options,
including the exploration of available legal means of immigration.
|
Native Peoples
Deserve Special Consideration
The one ancestral homeland of the Tohono O'odham nation that
stretches across the United States and Mexico has no border. Neither
does the homeland of the Yaqui nation. Tribal members' rights to
travel freely throughout the land they have inhabited for one
thousand years should be respected. They should be able to visit
family members and participate in religious and cultural
celebrations, observances, and other community events without
harassment or multiple identity checks in both Mexico and the United
States. |
46. Prayer books and guides to social and religious services should be provided
along the way and at the points of arrival. The migrants should be reminded of
their role as evangelizers: that they have the capacity to evangelize others by
the daily witness of their Christian lives. Special encouragement should be
given to migrants to be faithful to their spouses and families and to thereby
live out the sacrament of marriage. Support of the family that is left behind is
also needed. Migration under certain conditions can have a devastating effect on
families; at times, entire villages are depopulated of their young people.
47. Dioceses in Mexico and the United States need to work closely to provide a
sacramental presence for migrants. Ideally, local parishes should ensure that
sacramental preparation is available to people on the move, making special
provisions for them given their transitory lives of following work wherever it
leads. Eucharistic celebrations or communion services and the Sacrament of
Reconciliation should be available to migrants where they can easily attend, and
at times that best suit working people with families.
48. Ecclesia in America recommends collaboration between episcopal
conferences for more effective pastoral responses. Collaboration is most needed
in the development of a more systematic approach to ministerial accompaniment of
migrants. The numbers of migrants who leave Central and South America and Mexico
and who enter the United States are so large that a more concerted effort is
needed in the preparation of priests, religious, and lay leaders who accompany
them.
49. In previous centuries, when immigrants from eastern and western Europe came
to all parts of the American continent, the Church in some countries established
national seminaries to prepare priests to serve in the lands where others in
their country were settling, particularly in North and South America. In other
countries, the Church developed religious communities of men and women to
accompany emigrants on their way, to minister to them on arrival, and to help
them integrate into their new homes from a position of strength, often by
forming national or personal parishes. In still other countries, the Church has
developed exchange or temporary programs in which commitments are made to supply
priests for a period of three to five years. Up to the present there have been
individual exchanges of priests between Central and South American, Mexican, and
U.S. dioceses. The bishops from Central and South America and Mexico have
visited the U.S. dioceses to which these priests and their people have
immigrated, and U.S. bishops have visited dioceses in Central and South America
and Mexico, reflecting the teaching of the Second Vatican Council that every
local church is missionary, both as sending and receiving church. This exchange
has built up the spirit of collaboration encouraged in Ecclesia in America.
These efforts have been very positive, but the results have not been uniform.
50. Careful and generous cooperation between dioceses is important to provide
priests and religious who are suited for this important ministry. Guidelines for
their training and reception by the host diocese must be developed jointly with
the diocese that sends them. During their stay in the host diocese,
international priests and religious deserve an extensive and careful orientation
and gracious welcome. As immigrants themselves, they too experience the loss of
a familiar and supportive environment and must have the support they need to
adjust to the new environment and culture. Periodically, as resources allow,
they should be encouraged to return to their home dioceses or motherhouses to
rest and to reconnect with their communities.
51. A next step would be to study the possibility of a more comprehensive
preparation and assignment of clergy, religious, and lay people who dedicate
themselves to pastoral accompaniment of migrants. Such a study by
representatives of both episcopal conferences should focus on the following:
·
The needs of migrants on their
journey and at the points of their arrival
·
The dioceses most in need of priests,
religious, and lay leaders
·
The possibility of seminaries in
Mexico to prepare priests for service in the United States
·
The assignment of religious
communities to accompany migrants
The study also should include recommendations on
ways to build bridges of exchange between dioceses and on effective programs to
orient ministers to the new culture they will enter. This formation should be an
integral process of human development, educational enrichment, language
acquisition, intercultural communication, and spiritual formation. In order to
meet this critical need as soon as possible, cooperation with existing
seminaries, schools of theology, and pastoral institutes is highly encouraged.
This study should also investigate ways to help the immigrants themselves to
continue an active role as lay leaders in the new settings in which they find
themselves and ways for the receiving church to animate and encourage them,
especially those who served as catechists and community leaders in the country
of origin. We recommend that a special academic subject on pastoral migration or
human mobility be included as part of the regular curriculum in our seminaries,
institutions, and houses of formation.
52. Another area of collaboration could be in the preparation of catechetical
materials that would be culturally appropriate for migrant farm workers. Several
examples already exist that reflect the collaboration of dioceses along both the
United States-Mexico border and the Mexico-Guatemala border.
53. This cross-border collaboration has already reaped positive results, such as
the development of legal services, social services, cooperation with houses of
hospitality along the borders, and prayer books for the journey. Joint prayer
services at the border, such as the Posadas, Good Friday vigils, and All
Souls rites to cherish the memory of those who have died, also have been held.
54. To develop and continue the cooperation between the Church in the United
States and Mexico, we bishops encourage ongoing dialogue between bishops and
pastoral workers on the border, exchanges between dioceses, and continuing
meetings between the USCCB's Committee on Migration and the CEM's Episcopal
Commission for the Pastoral Care for People on the Move.
55. Ecclesia in America summed up these pastoral recommendations as
follows:
Migrants should be met with a hospitable and
welcoming attitude which can encourage them to become part of the Church's life,
always with due regard for their freedom and their specific cultural identity.
Cooperation between the dioceses from which they come and those in which they
settle, also through specific pastoral structures provided for in the
legislation and praxis of the Church, has proved extremely beneficial to this
end. In this way the most adequate and complete pastoral care possible can be
ensured. The Church in America must be constantly concerned to provide for the
effective evangelization of those recent arrivals who do not yet know Christ.
(no. 65)
56. The United States and Mexico share a special relationship that requires
focused attention upon joint concerns. The realities of migration between both
nations require comprehensive policy responses implemented in unison by both
countries. The current relationship is weakened by inconsistent and divergent
policies that are not coordinated and, in many cases, address only the
symptoms of the migration phenomenon and not its root causes.
57. Now is the time for both the United States and Mexico to confront the
reality of globalization and to work toward a globalization of solidarity. We
call upon both governments to cooperate and to jointly enact policies that will
create a generous, legal flow of migrants between both nations. Both governments
have recognized the integration of economic interests through the North American
Free Trade Agreement (NAFTA). It is now time to harmonize policies on the
movement of people, particularly in a way that respects the human dignity of the
migrant and recognizes the social consequences of globalization.
58. With these goals in mind, we offer several policy recommendations for both
nations to consider that address the root causes of migration, legal avenues for
migration, and humane law enforcement. These recommendations focus upon both
U.S. and Mexican government policies toward newcomers in their own nations,
since both are receiving countries.
59. As we have stated, persons should have the opportunity to remain in their
homeland to support and to find full lives for themselves and their families.
This is the ideal situation for which the world and both countries must strive:
one in which migration flows are driven by choice, not necessity. Paramount to
achieving this goal is the need to develop the economies of sending nations,
including Mexico.
60. Only a long-term effort that adjusts economic inequalities between the
United States and Mexico will provide Mexican workers with employment
opportunities that will allow them to remain at home and to support themselves
and their families. The Church has consistently singled out economic inequality
between nations as a global disorder that must be addressed.Within the United
States-Mexico relationship, we have witnessed the application of economic
policies that do not adequately take into account the welfare of individual
proprietors who struggle to survive. For example, the North American Free Trade
Agreement (NAFTA) has harmed small businesses in Mexico, especially in the rural
sector. Both nations should reconsider the impact of economic and trade
agreements on persons who work hard at making a living through individual
enterprises.
61. The creation of employment opportunities in Mexico would help to reduce
poverty and would mitigate the incentive for many migrants to look for
employment in the United States. The implementation of economic policies in
Mexico that create living-wage jobs is vital, especially for Mexican citizens
without advanced skills. Targeted development projects in Mexican municipalities
and rural areas that traditionally have had the highest rates of emigration are
necessary. Projects and resources particularly should be targeted to the Mexican
agricultural sector and small businesses.
62. As border regions are the focal point of the migration phenomenon, resources
also should be directed toward communities on the United States-Mexico border.
Such additional resources would augment existing efforts by border residents to
aid migrants in meeting their most basic needs. We urge the initiation of joint
border development projects that would help build up the economies of these
areas so that border residents may continue to work and live cooperatively.
Church leaders should work with both communities on the U.S. and Mexican border
and both communities on the Mexican and Guatemalan border to help them to
overcome fears and prejudices.
63. With both the United States and Mexico experiencing economic, social, and
cultural integration on an unprecedented scale, it is important that both
governments formally acknowledge this reality by enacting reforms in the
immigration systems of both countries.
Family-Based Immigration
64. As pastors, we are troubled by how the current amalgamation of immigration
laws, policies, and actions pursued by both governments often impedes family
unity. While the majority of Mexican migrants enter the United States to find
work, many cross the border to join family members.
65. The U.S. legal immigration system places per-country limits on visas for
family members of U.S. legal permanent residents from Mexico. This cap, along
with processing delays, has resulted in unacceptable waiting times for the legal
reunification of a husband and wife, or of a parent and child. For example, the
spouse or child of a Mexican-born legal permanent resident can wait
approximately eight years to obtain a visa to join loved ones in the United
States. Spouses and parents thus face a difficult decision: either honor their
moral commitment to family and migrate to the United States without proper
documentation, or wait in the system and face indefinite separation from loved
ones.
66. This is an unacceptable choice, and a policy that encourages
undocumented migration. In order to ensure that families remain together, reform
of the U.S. family-based legal immigration categories vis-à-vis Mexico is
necessary. A new framework must be established that will give Mexican families
more opportunities to legally reunite with their loved ones in the United
States.17
This would help alleviate the long waiting times and, in time, would reduce
undocumented migration between the United States and Mexico.
67. Family unity also is weakened when the children of immigrants are left
unprotected. In the United States, birthright citizenship should be maintained
as an important principle in U.S. immigration law. In Mexico, some children are
being denied birth certificates and consequent Mexican nationality due to their
parents' undocumented status. As the Mexican Constitution ensures and Article 68
of the National Law of Population codifies, such children have the right and
protection to be documented at birth. Otherwise, their access to health,
education, and other basic services may be denied later in life. Moreover, the
right to an identity and nationality are enshrined in international covenants.
Legalization of the Undocumented
68. Approximately 10.5 million Mexican-born persons currently live in the United
States, about 5.5 million of whom reside legally, and the remainder of whom have
undocumented status. Each year, an estimated 150,000 Mexican migrants enter the
United States without authorization, working in such industries as agriculture,
service, entertainment, and construction.18
Despite the rhetoric from anti-immigrant groups and some government officials,
they labor with the quiet acquiescence of both government and industry.
69. A broad legalization program of the undocumented would benefit not only the
migrants but also both nations. Making legal the large number of undocumented
workers from many nations who are in the United States would help to stabilize
the labor market in the United States, to preserve family unity, and to improve
the standard of living in immigrant communities. Moreover, migrant workers, many
of whom have established roots in their communities, will continue to contribute
to the U.S. economy.
70. Legalization also would maintain the flow of remittances to Mexico and would
give Mexicans safe and legal passage back to Mexico, if necessary. In addition,
such legalization would promote national security by reducing fear in immigrant
communities and by encouraging undocumented persons to become participating
members of society. Legalization represents sound public policy and should be
featured in any migration agreement between the United States and Mexico. In
order to ensure fairness for all nationalities, the U.S. Congress should enact a
legalization program for immigrants regardless of their country of origin.
71. In the case of Mexico, the legalization programs that the Mexican National
Migration Institute have executed provide a good beginning. The benefits of
legalization have been evident to the migrants themselves, since they may now
work with the protection of their basic labor rights; and to the government,
which can now gain a more realistic picture of the population present in the
country. We hope that future programs will provide more publicity and
information to the public, will increase the number of and better train those
who administer them, and will decrease the cost to the applicant, which in the
past has disadvantaged those with lesser means.19
Employment-Based Immigration
72. In the context of the United States-Mexico bilateral relationship, the
United States needs Mexican laborers to maintain a healthy economy and should
make a special effort to provide legal avenues for Mexican workers to obtain in
the United States jobs that provide a living wage and appropriate benefits and
labor protections. The U.S. employment-based immigration system should be
reformed to feature both permanent and, with appropriate protections,
temporary visa programs for laborers. A system that is transparent and that
protects the rights of workers should be formulated. Visa costs of the program
should remain affordable for all who wish to participate. Reform in worker
programs must be coupled with a broad-based legalization program.
|
Mexican workers who labor in the United States send large portions
of their wages, which they have earned by the sweat of their brows,
back to their families in Mexico. Termed "remittances," these funds
amount to as much as $8-10 billion a year, representing one of the
largest sources of foreign currency in Mexico. These funds are an
important source of support for many families in Mexico.
Unfortunately, many Mexican workers in the United States must pay
exorbitant fees (some as high as 20%) to send remittances to their
families in Mexico. Perhaps a more efficient means can be devised
for sending funds to Mexico that would result in more of the money
reaching those in need. Furthermore, arrangements could be made with
the organizations that process these remittances to channel some of
their earnings from the fees to support community development
efforts in Mexico, such as road construction, sewers, health
clinics, and so on. Such an approach could be further expanded by
making arrangements with the U.S. and Mexican governments to match
developmental funds paid through fee revenues in order to augment
the investment in sustainable community development programs. |
73. A certain
number of work visas should be created to allow laborers to enter the country as
legal permanent residents. Family ties and work history in the United States are
two of the possible factors that should be considered in allocating such visas.
A visa category featuring permanent residency would recognize the contributions
of long-term laborers and would ensure that their labor rights are respected.
74. More problematic is the reform of U.S. temporary worker programs. The first
U.S. agricultural temporary-worker program, known as the Bracero program,
ended abruptly in 1964 because of widespread evidence of corruption and abuse of
workers. The current program, which allows more than thirty thousand workers to
enter the United States each year, is marked by a lack of enforcement of worker
protections and by insufficient wages and benefits to support a family.
75. Nevertheless, we recognize that, as an alternative to undocumented
migration, an efficient legal pathway must be established that protects the
basic labor rights of foreign-born workers. In order to prevent future abuse of
workers, any new temporary worker program must afford Mexican and other foreign
workers wage levels and employment benefits that are sufficient to support a
family in dignity; must include worker protections and job portability that U.S.
workers have; must allow for family unity; must employ labor-market tests to
ensure that U.S. workers are protected; and must grant workers the ability to
move easily and securely between the United States and their homelands. It must
employ strong enforcement mechanisms to protect workers' rights and give workers
the option to become lawful permanent residents after a specific amount of time.
In addition, the United States and Mexico should conclude a Social Security
agreement that allows workers to accrue benefits for work performed during
participation in the program.
76. A properly constructed worker program would reduce the number of
undocumented persons migrating from Mexico to the United States, lessening the
calls for border enforcement and the demand for the services of unscrupulous
smugglers.
77. Moreover, in order to honor the labor rights of foreign-born workers, the
United States should sign the International Convention on the Protection of the
Rights of All Migrant Workers and Members of Their Families, which lays out
principles for the protection of the labor and human rights of migrant workers.20
Mexico, already a signatory, should implement its principles without current
reservations.
Enforcement Tactics
78. As explained above, the Catholic Church recognizes the right and
responsibility of sovereign nations to control their borders and to ensure the
security interests of their citizens. Therefore, we accept the legitimate role
of the U.S. and Mexican governments in intercepting undocumented migrants who
attempt to travel through or cross into one of the two countries. We do not
accept, however, some of the policies and tactics that our governments have
employed to meet this shared responsibility.
79. The men and women of the law enforcement agencies charged with maintaining
the United States-Mexico border have difficult jobs that require long hours in
sometimes extreme conditions. Unfortunately, the enforcement policies that they
implement have had the effect of undermining the human dignity of migrants and
creating a confrontational and violent relationship between enforcement officers
and migrants. Steps must be taken to create an environment in which force is
used only in the most necessary circumstances, and only to the extent needed, to
protect the physical well-being of both the enforcement officer and the migrant.
This requires not only a review and reform of enforcement tactics, but also,
more importantly, a reshaping of the enforcement policies of both nations.
|
U.S.
Enforcement Strategy Fails to Deter Migrants
In 1994, the U.S. government adopted a new border enforcement
strategy designed to deter migrants from entering the United States
from Mexico. The Immigration and Naturalization Service (INS) has
launched several blockade initiatives over the past several years,
including "Operation Hold the Line," in El Paso, Texas, in 1993;
"Operation Gatekeeper," in the San Diego, California, region in
1994; and "Operation Safeguard," in southern Arizona, in 1995.
According to an August 2001 report by the U.S. General Accounting
Office (GAO), the primary discernible effect of the enforcement
strategy has been to divert migrants away from the largest
concentration of enforcement resources, most typically to remote
regions of the southwestern United States. During the same period,
the number of undocumented persons in the United States has more
than doubled, from four million in 1994 to more than eight million
in 2000. |
80. Alarmingly, migrants often are treated as criminals by civil enforcement
authorities. Misperceptions and xenophobic and racist attitudes in both the
United States and Mexico contribute to an atmosphere in which undocumented
persons are discriminated against and abused. Reports of physical abuse of
migrants by U.S. Border Patrol agents, the Mexican authorities, and in some
cases, U.S. and Mexican residents are all too frequent, including the use of
excessive force and the shackling of migrants' hands and feet.
81. In the United States, documented abuses of migrants occur frequently. To be
sure, the large majority of Border Patrol agents conduct themselves in a
professional and respectful manner. But there exist those who perpetrate abuses
and who are not held accountable by the U.S. government.21
82. In addition, the U.S. record of handling undocumented unaccompanied minors
from Mexico and other countries is shameful. Mexican children intercepted along
the U.S. border often are placed in dilapidated detention facilities for days at
a time until they can be repatriated. Children from Mexico and other countries
in Central America often are not given the option to contact an attorney,
guardian, or relative, or to file for asylum. These practices must stop. Because
of their heightened vulnerability, unaccompanied minors require special
consideration and care.
83. Mexican enforcement of immigration laws, targeted specifically through
racial profiling of migrants attempting to reach the United States, has been
marked by corruption, police brutality, and systemic abuses of basic human
rights. Migrants often are forced to bribe Mexican police to continue transit
and, if unable to produce payments, are beaten and returned to the border.
Because of the lack of rights and policies that drive undocumented migrants away
from small urban areas, the migrants often are assaulted by bandits in the
border area between Ciudad Hidalgo, Mexico, and Tecun Uman, Guatemala. We know
of migrants from Central America who pay thousands of dollars to smugglers to
shepherd them through Mexico but who, in some cases, are kidnapped. Their
families never hear from them again.
84. Although we acknowledge that the government of Mexico has improved the
administration of the migration system and is attempting to bring the rule of
law to it, Mexican immigration policies remain unclear and inconsistent.
Corruption continues to weaken the Mexican migration system and to hurt the
common good. We urge the Mexican National Migration Institute to strengthen the
participation of civil society organizations in its Delegation Councils22
as partners to bring healthy transparency to the country's migration system.
85. In order to address these excesses, both governments must create training
mechanisms that instruct enforcement agents in the use of appropriate tactics
for enforcing immigration law. We urge the U.S. and Mexican governments to
include human rights curricula in their training regimens so that immigration
enforcement personnel are more sensitive to the handling of undocumented
migrants.23
Community organizations, including dioceses and parishes, can assist enforcement
officials in this effort. In addition, the enforcement function in both nations
should be left to federal authorities (the Immigration and Naturalization
Service and Border Patrol in the United States, and the National Migration
Institute and Federal Preventive Police in Mexico), not transferred to local
police who necessarily have other priorities and who are untrained in the proper
methods for enforcing immigration law. Military personnel from any branch or
service should not be used to enforce migration laws along either country's land
borders.
Border Enforcement Policies
86. Of particular concern are the border enforcement policies pursued by both
governments that have contributed to the abuse and even deaths of migrants in
both Mexico and the United States. Along the United States-Mexico border, the
U.S. government has launched several border-blockade initiatives in the past
decade designed to discourage undocumented migrants from entering the country.
These initiatives have been characterized by a tripling of Border Patrol agents,
especially at ports of entry, and the use of sophisticated technology such as
ground sensors, surveillance cameras, heat-detecting scopes, and reinforced
fencing.
87. Rather than significantly reducing illegal crossings, the initiatives have
instead driven migrants into remote and dangerous areas of the southwest region
of the United States, leading to an alarming number of migrant deaths. Since the
beginning of 1998, official statistics indicate that more than two thousand
migrants have lost their lives trying to cross the United States-Mexico border,
many from environmental causes such as heat stroke, dehydration, hypothermia, or
drowning. The blockades also have contributed to an increase in migrant
smuggling, in which desperate migrants pay high fees to smugglers to get them
into the United States. In recent years, smuggling has become a more organized
and profitable enterprise.24
|
"Come and Look
at My Brother in His Coffin"
Jose Luis Hernandez Aguirre tried desperately to find work in the
maquiladora plants near Mexicali but was unable to do so. With a
wife and two children, ages one and seven, Jose needed to find a job
that would put food on the table. A smuggler told him of the
high-paying jobs across the border and offered, for $1,000, to take
him there. Joined by his brother Jaime and several others, the group
headed for the United States with hope. After one day, brother Jaime
called and reported to the family and Jose's sister, Sonia, that
Jose was lost. Jaime could not make the trek in the desert, but Jose
wanted to continue on the journey. He had to find a job for his
family. Four days later, Jose's body was found in the desert. His
sister Sonia borrowed a truck to retrieve Jose's remains. Upon her
return, she encountered another group of migrants heading to the
United States. "Why do you want to risk your lives like this?" she
implored. "Come and look at my brother in his coffin." |
88. In southern Mexico, similar policies have resulted in countless migrant
deaths along the Suchiate River, most by drowning. Another cause for concern is
the presence of Mexican checkpoints–far from most urban areas and difficult to
monitor for human rights abuses–which are manned by military and federal, state,
and local police agencies along the country's borders and interior. Because
these checkpoints are used as "choke" points for arms, drugs, and migrant
smuggling, there is an unfair tendency to associate migrants with criminal
activity.
89. We urge both the U.S. and Mexican enforcement authorities to abandon the
type of strategies that give rise to migrant smuggling operations and migrant
deaths. Care should be taken not to push migrants to routes in which their lives
may be in danger. The U.S. Border Patrol has recently launched a border safety
initiative to prevent migrant deaths. We ask the Border Patrol to redouble their
efforts in this area and to work more closely with community groups to identify
and rescue migrants in distress. We also urge more concerted efforts to root out
smuggling enterprises at their source using a wide range of intelligence and
investigative tactics. In other church documents, the U.S. bishops have also
expressed concern about the increasing drug-trafficking industry.25
90. Similarly, we call upon both nations to undertake joint efforts to halt the
scourge of trafficking in human persons, both within our hemisphere and
internationally. Trafficking in persons–in which men, women, and children from
all over the globe are transported to other countries for the purposes of forced
prostitution or labor–inherently rejects the dignity of the human person and
exploits conditions of global poverty.
91. Both governments must vigilantly seek to end trafficking in human persons.
The U.S. government should vigorously enforce recent laws that target
traffickers both at home and abroad. Mexican authorities must strengthen efforts
to identify and to destroy trafficking operations within Mexico. Together, both
governments should more effectively share information on trafficking operations
and should engage in joint action to apprehend and prosecute traffickers.
Due Process Rights
92. In 1996, the U.S. Congress eviscerated due process rights for migrants with
the passage of the Illegal Immigration Reform and Immigrant Responsibility Act (IIRIRA),
which authorizes the detention and deportation of migrants for relatively minor
offenses, even after they have served their sentences. IIRIRA has caused the
unjust separation of untold numbers of immigrant families.26
We urge the U.S. Congress to revisit this law and to make appropriate changes
consistent with due process rights.
93. We also urge the Mexican government to honor the right to due process for
all those who are in the country, specifically documented and undocumented
migrants who do not now enjoy due process and who may be removed from the
country for arbitrary reasons. Recognizing such a right only strengthens the
rule of law in a country and further legitimates its institutions.27
94. Once apprehended, migrants often are held in unsanitary and crowded prisons,
jails, and detention centers, in Mexico and the United States, sometimes
alongside serious criminal offenders. Migrants without documentation should not
be treated as criminals, should be detained for the least amount of time
possible, and should have access to the necessary medical, legal, and spiritual
services. Asylum seekers who pass an initial "credible fear" interview should be
released.
Protecting Human Rights in Regional Migration Policies
95. As defenders of those who flee persecution in foreign lands, we are
increasingly troubled by the asylum policies employed by both the United States
and Mexico. Most alarming is the prospect of creating a North American exterior
boundary system in which asylum policies would be regionalized in such a way as
to deny asylum seekers appropriate judicial remedies and protection.28
96. Increasingly, asylum seekers from across the globe are smuggled through
Central America to Mexico and the United States. They come from as far away as
China, India, Iran, and Iraq. In most cases, they have valid claims for
protection, but many are swept up in anti-smuggling initiatives in Central
America and Mexico and are sent back to their persecutors without proper
screening.
97. The denial of asylum adjudication rights is an especially acute problem
along the United States-Mexico border. Employing a U.S. policy known as
expedited removal, U.S. immigration officers routinely detain and deport
migrants without giving them a hearing before an immigration judge. In fact,
expedited removal is most heavily used against Mexicans. Of the just over
180,000 total removals from the United States in FY1999 and FY2000, 81 percent
of those deported were Mexican.29
Moreover, Mexicans and others deported under expedited removal are subject to
being barred from readmission to the United States for at least five years.
Along the southern border of Mexico, migrants are returned on a regular basis to
Central America without screening.
98. Denying access to asylum procedures, making them complicated, or not
providing clear information about them in languages that people can understand
is a grave injustice and violates the spirit of international law and
commitments made by both our countries.30
99. We restate our long-held position that asylum seekers and refugees should
have access to qualified adjudicators who will objectively consider their pleas.
We urge both countries to take a leadership role in the Regional Conference on
Migration (Puebla Process) and to work with our Central American
neighbors to ensure that asylum seekers and refugees throughout our hemisphere
have access to appropriate due process protections consistent with international
law.
100. The terrorist attacks of September 11, 2001, which ended so tragically in
New York, the Washington, D.C., area, and Pennsylvania, have placed national
security concerns at the forefront of the migration debate and have added
another dimension to the migration relationship between the United States and
Mexico. Certain security actions are a necessary response to credible terrorist
threats, such as improved intelligence sharing and screening, enhanced visa and
passport security, and thorough checks at the United States-Mexico border. Other
actions, however, such as reducing legal immigration between the two nations, do
not serve to make the United States or Mexico more secure. We urge both nations
to cooperate in this area, but not to enact joint policies that undermine human
rights, reduce legal immigration, or deny asylum seekers opportunities for
protection.
101. As bishops we have decided, in the words of Pope John Paul II, to "put out
into the deep"31
in search of common initiatives that will promote solidarity between our
countries, particularly among the Catholics of both countries. We are committed
to the new evangelization of our continent and to the search for new ways of
leading our peoples to encounter Christ, who is "the path to conversion,
communion and solidarity" (EA, no. 7).32
102. We recognize the phenomenon of migration as an authentic sign of the times.
We see it in both our countries through the suffering of those who have been
forced to become migrants for many reasons. To such a sign we must respond in
common and creative ways so that we may strengthen the faith, hope, and charity
of migrants and all the People of God. Such a sign is a call to transform
national and international social, economic, and political structures so that
they may provide the conditions required for the development for all, without
exclusion and discrimination against any person in any circumstance.
103. In effect, the Church is increasingly called to be "sign and instrument
both of a very closely knit union with God and of the unity of the whole human
race" (Lumen Gentium, no. 1). The Catholic bishops of the United States
and Mexico, in communion with the Holy Father in his 1995 World Migration Day
message, affirm that
In the Church no one is a stranger, and the Church
is not foreign to anyone, anywhere. As a sacrament of unity and thus a sign and
a binding force for the whole human race, the Church is the place where illegal
immigrants are also recognized and accepted as brothers and sisters. It is the
task of the various Dioceses actively to ensure that these people, who are
obliged to live outside the safety net of civil society, may find a sense of
brotherhood in the Christian community. Solidarity means taking responsibility
for those in trouble.
The
Church must, therefore, welcome all persons regardless of race, culture,
language, and nation with joy, charity, and hope. It must do so with special
care for those who find themselves–regardless of motive–in situations of
poverty, marginalization, and exclusion.
104. We ask our presidents to continue negotiations on migration issues to
achieve a system of migration between the two countries that is more generous,
just, and humane. We call for legislatures of our two countries to effect a
conscientious revision of the immigration laws and to establish a binational
system that accepts migration flows, guaranteeing the dignity and human rights
of the migrant. We ask public officials who are in charge of formulating,
implementing, and executing immigration laws to reexamine national and local
policies toward the migrant and to use their leadership positions to erase
misconceptions about migration. We ask adjudicators who process immigrants'
legal claims to create a welcoming atmosphere that does not threaten their
confidence or security. We encourage the media to support and promote a genuine
attitude of welcoming toward migrants and immigrants.
105. We, the Catholic bishops of the United States and Mexico, pledge ourselves
to defend the migrant. We also pledge to support the creation of the necessary
conditions so that all may enjoy the fruit of their work and life in their
homeland, if they so wish.
106. We stand in solidarity with you, our migrant brothers and sisters, and we
will continue to advocate on your behalf for just and fair migration policies.
We commit ourselves to animate communities of Christ's disciples on both sides
of the border to accompany you on your journey so that yours will truly be a
journey of hope, not of despair, and so that, at the point of arrival, you will
experience that you are strangers no longer and instead members of God's
household. We pray that, wherever you go, you will always be conscious of your
dignity as human beings and of your call to bring the Good News of Jesus Christ,
who came that we "might have life and have it more abundantly" (Jn 10:10). We
invite you who are forced to emigrate to maintain contact with your homes and,
especially, to maintain fidelity to your families so that you treasure your
cultural values and the gift of faith and so that you bring these treasures to
whatever place you go.
107. The appearance of Our Lady of Guadalupe to St. Juan Diego revealed the
compassionate presence of God reaching out to Mary to be in solidarity with and
to give hope to a suffering people. In the same spirit, we, the Catholic bishops
of the United States of Mexico and the United States of America, have written
this letter to give hope to suffering migrants. We pray that you will experience
the same hope that inspired St. Paul in his Letter to the Romans:
What will separate us from the love of Christ? Will
anguish, or distress, or persecution, or famine, or nakedness, or peril, or the
sword? As it is written: "For your sake we are being slain all the day; we are
looked upon as sheep to be slaughtered." No, in all these things we conquer
overwhelmingly through Him who loved us. For I am convinced that neither death,
nor life, nor angels, nor principalities, nor present things, nor future things,
nor powers, nor height, nor depth, nor any other creature will be able to
separate us from the love of God in Christ Jesus our Lord. (Rom 8:35-39)
108. And may the blessing of Almighty God come down
upon you and be with you forever: the blessing of God the Father, who loves you
with an everlasting love, the blessing of God the Son, who was called out of
exile in Egypt to be our Savior, and the blessing of God the Holy Spirit, who
guides you to extend Christ's reign wherever you go. And may Mary of Guadalupe,
our mother, bring you safely home.
Delivered on the fourth anniversary of
Ecclesia in America, January 22, 2003,
Washington, D.C., U.S.A., and Mexico City, Mexico.
Asylee: See Refugee, below. The definition conforms to that of a
refugee except regarding the location of the person upon application for asylum:
The asylee applies for protection in the country of asylum, whereas the refugee
applies for status in either his or her home country (under certain
circumstances) or in a country of temporary asylum.
Globalization: The process whereby the world's goods, communications, and
peoples are more fully integrated, accessible, and interdependent.
Immigrant: A person who moves to another country to take up permanent
residence.
Legal Immigrant: A person who has been admitted to reside and work on a
permanent basis in the United States; admission is most commonly based on
reunification with close family members or employment.
Migrant: A person on the move, either voluntarily or involuntarily, in
the person's own country, internationally, or both. Unlike refugees, migrants
are commonly considered free to return home whenever they wish because their
lives are not in danger there.
Refugee: Any person, who, owing to a well-founded fear of being
persecuted for reasons of race, religion, nationality, membership in a
particular social group, or political opinion, is outside the country of his or
her nationality and is unable or, owing to such fear, is unwilling, to avail
himself or herself of the protection of that country; or who, not having a
nationality and being outside the country of his or her habitual residence as a
result of such events, is unable or, owing to such fear, is unwilling to return
to it (source: United Nations International Law).
Undocumented immigrant: A person who is in a country without the
permission of that country's government. Such persons are called "undocumented"
because they lack the required paperwork.
1
The synod was held in Vatican City from November 16 to December 12, 1997.
2Cf. Conferencia del Episcopado Mexicano (CEM), Del Encuentro con
Jesucristo a la Solidaridad con Todos (México, DF: CEM, 2000). United States
Conference of Catholic Bishops (USCCB), Welcoming the Stranger Among Us:
Unity in Diversity (Washington, D.C.: USCCB, 2000).
3 U.S. Department of Transportation, Bureau of Transportation
Statistics, North American Trade and Travel Trends, BTS01-07 (Washington,
DC 2001), 19.
4 Immigration and Naturalization Service, press release "INS
Announces Legal Immigration Figures for FY2001," Washington, D.C., August 30,
2002.
5 V. Maccagnan, ed. Stefano de Fiores and Salvatore Meo,
"Guadalupe," Nuevo Diccionario de Mariologia (Madrid: 1988).
6 "No one would exchange his country for a foreign land if his own
afforded him the means of living a decent and happy life" (Pope Leo XIII,
Rerum Novarum [On Capital and Labor] [May 15, 1891], no. 47. Retrieved from
Vatican website: www.vatican.va).
7 Pope Pius XII, Exsul Familia (On the Spiritual Care to Migrants)
(September 30, 1952), in The Church's Magna Charta for Migrants, ed. Rev.
Giulivo Tessarolo, PSSC (Staten Island, N.Y.: St. Charles Seminary, 1962), 50,
citing June 1, 1951, Vatican radio address.
8 Ibid., 51, citing 1948 Vatican letter to U.S. bishops.
9 Pope John XXIII, Pacem in Terris (Peace on Earth) (April 11,
1963) (Washington, D.C.: USCCB, 1963), no. 25.
10 Pope John Paul II, Sollicitudo Rei Socialis (On Social Concern)
(December 30, 1987) (Washington, D.C.: USCCB, 1988), no. 24.
11 Pontifical Council Cor Unum and Pontifical Council for the
Pastoral Care of Migrants and Itinerant People, Refugees: A Challenge to
Solidarity (1992), nos. 13-14. Retrieved from Vatican website:
www.vatican.va.
12 Pope John Paul II, Message for World Migration Day 1995-1996,
Undocumented Migrants (July 25, 1995), no. 2. Retrieved from Vatican
website: www.vatican.va.
13 Pope John Paul II, Ecclesia in America (The Church in America)
(January 22, 1999) (Washington, D.C.: USCCB, 1999), no. 65, citing Propositio
20.
14 "Immigrants from lands across the globe have helped build our
great nation. . . . Their presence has enriched our local communities, rural
areas, and cities, and their faith in God has enlightened our increasingly
secularized culture" (USCCB Resolution on Immigration Reform, November 16, 2000,
no. 2).
15 Pope Paul VI, New Norms for the Care of Migrants "Pastoralis
Migratorum" (August 15, 1969) (Washington, D.C.: USCCB, 1969), no. 7.
16 Pope John Paul II, Message for World Migration Day 1993,
Problems of the Migrant Family (August 6, 1993), no. 3, citing Familiaris
Consortio, no. 77. Also see Welcoming the Stranger Among Us: Unity in
Diversity for recommendations.
17 The bishops in the United States have consistently supported
reform of the family reunification visa system. Numerical limits on visas have
adversely impacted many nationalities, especially Filipinos. In the context of
this statement, we focus on Mexican family reunification because of the
proximity of Mexico to the United States and because of the unprecedented number
of families separated between these two countries. The per-country limit for
Mexico and other affected countries, such as the Philippines, should be
increased without harming allotments for other nations.
18 U.S.-Mexico Migration Panel, Mexico-U.S. Migration: A Shared
Responsibility (Washington, D.C.: Carnegie Endowment for International
Peace, 2001). Jeffrey Passel, "New Estimates of the Undocumented Population in
the United States" (Washington, D.C.: Migration Policy Institute/Migration
Information Source, May 22, 2002).
19 Foro Migraciones, Migración: México Entre Sus Dos Fronteras,
2000-2001 (México: Foro Migraciones, 2002). The CEM's Human Mobility Commission
is a member.
20 In the U.N. Convention, migrant workers are viewed as more than
laborers or economic entities. They are social entities with families and,
accordingly, have rights, including the right to family reunification. (See
International Convention on the Protection of the Rights of All Migrant Workers
and Members of Their Families, United Nations General Assembly, December 18,
1990. This document can be obtained from the U.N. Center for Human Rights, 8-14
Avenue de la Paix, 1211 Geneva 10, Switzerland.)
21 In 2000, the U.S. Office of Internal Audit (OIA) of the U.S.
Immigration and Naturalization Service (INS) opened 4,527 cases of reported
abuse by INS agents. Roughly 10 percent were referred to the U.S. Department of
Justice's Civil Rights Division, and less than 10 percent of those referred led
to prosecutions. See Chaos on the U.S.-Mexico Border: A Report on Migration
Crossing Deaths, Immigrant Families, and Subsistence-Level Laborers
(Washington, D.C.: Catholic Legal Immigration Network, 2001).
22 The Mexican National Migration Institute has consulting councils
for each of its thirty-two regional offices (one for each state and Mexico City)
and national office. Such councils include representatives from broad sectors of
Mexican society, including universities, shelters, and churches.
23 The U.S. Border Patrol does include some treatment of human rights
protection in their training. More intensive instruction in the proper use of
force and in appropriate engagement and retention techniques should be
considered.
24 In Tecuman, Guatemala, along the Mexico-Guatemala border,
smugglers have established offices to receive Central American migrants who wish
to travel through Mexico to the United States. (Source: U.S. bishops' delegation
to Central America, October 2000.)
25 See New Slavery, New Freedom: A Pastoral Message on Substance
Abuse (Washington, D.C.: United States Conference of Catholic Bishops,
1990).
26 The law also applies retroactively for an offense committed years
ago for which a person has already served his or her sentence.
27 "What article 33 of the Constitution does, is grant the faculty to
the government of being able to arbitrarily expel a foreigner. It is arbitrary,
firstly, because no due process is required, in other words, it is a faculty
that may not be submitted to the scrutiny of constitutionality or legality,
either ex ante or ex post. It is a direct elimination of the
guarantees contained under articles 14 and 16 of the Constitution." (Foro
Migraciones, Migración: México Entre Sus Dos Fronteras, 2000-2001
(México: Foro Migraciones, 2002], 57).
28 The United States and Canada agreed to coordinate asylum policies
on December 5, 2002.
29 U.S.-Mexico Migration Panel, Mexico-U.S. Migration: A Shared
Responsibility (Washington, D.C.: Carnegie Endowment for International
Peace, 2001), 28. Also see Statistical Yearbook of the Immigration and
Naturalization Service, Fiscal Year 2000 (online at www.ins.usdoj.gov).
30 The detention of asylum seekers without serious reasons is a
violation of the letter and spirit of the "Conclusions on International
Protection" of the UNHCR Executive Committee. Both Mexico and the United States
are members of the UNHCR Executive Committee, and both have accepted the
conclusions. References: No. 44 (XXXVII) 1986; No. 46 (XXVII) 1987; No. 50
(XXXIX) 1988; No. 55 (XL) 1989; No. 65 (XLII) 1991; No. 68 (XLIII) 1992; No. 71
(XLIV) 1993; No. 85 (XLIX) 1998; No. 89 (LI) 2000.
31 Pope John Paul II, Novo Millennio Ineunte (January 6,
2001), no. 1. Retrieved from Vatican website: www.vatican.va.
32 "Taking the Gospel as its starting-point, a culture of solidarity
needs to be promoted, capable of inspiring timely initiatives in support of the
poor and the outcast, especially refugees forced to leave their villages and
lands in order to flee violence" (EA, no. 52).
The
document Strangers No Longer: Together on the Journey of Hope. A Pastoral
Letter Concerning Migration from the Catholic Bishops of Mexico and the United
States was developed by the Committee on Migration of the United States
Conference of Catholic Bishops (USCCB) in collaboration with the Conferencia del
Episcopado Mexicano (CEM). It was approved simultaneously by the full bodies of
U.S. Catholic bishops and the Mexican bishops at their November 2002 General
Meetings and has been authorized for publication in the United States by the
undersigned.
Msgr. William P. Fay
General Secretary, USCCB
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