Mexican nationality law

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

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

Acquisition of nationality[edit]

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

Nationality by birth[edit]

The Mexican Constitution states that Mexicans Citizens by birth are:[1]

Nationality by naturalization[edit]

Mexicans by naturalization are:[1]

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

  • two years of residency if:
  • a direct descendant of a Mexican by birth; or
  • is the mother or father of a Mexican by birth; or
  • is a national of a Latin American or Iberian country; or
  • to the judgment of the Secretariat, she or he has performed or created outstanding works in a cultural, social, scientific, technical, artistic, sports or business area that benefit the nation, in which case, the foreigner is not required to have resided in the country for the number of years prescribed in the law; or
  • one year of residency if adopted by a Mexican national, as well as all minors, who are second generation descendants or have been under tutelage of a Mexican national.

Possession of Mexican nationality[edit]

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

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

Mexican citizenship[edit]

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

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

Loss of nationality and loss of citizenship[edit]

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

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

Multiple nationality[edit]

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

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

See also[edit]

References[edit]

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

External links[edit]