Mexican Expat Myths #2: You can not criticize the government

This is another oft-repeated saying among expats in Mexico, and yet it sounds odd. It usually comes amidst a heated online discussion, where one party scolds the other, “you can be deported if you criticize the (Mexican) government.” Such a bold statement certainly has an effect in chilling the conversation, but is it true?

You’ll find many expats who remember a case of someone who was deported for criticizing the government or engaging in politics. Or they heard from someone else of a case. But go and Google it for yourself, and it’s hard to find one. The closest I could find was a 2008 case in Merida of a young male expat who claimed he was avoiding a protest rally when Mexican authorities seized him and deported him for engaging in politics. The vast majority of American expats deported (there were only 750 Americans deported in 2020, and those numbers have been steady for decades) were longtime visa overstays (or people in Mexico with no visa at all).

All this goes back to the Mexican constitution. It said (Article IX) that, “Only Citizens of the Republic may take part in the political affairs of the country.” That is pretty plain in black & white. It went further (originally) in Article XXXIII which stated the President “shall have exclusive authority to expel from Mexico, immediately and without trial, any foreigner whose stay is deemed inconvenient.” Wow. That is as blanket a statement of the authority to deport as you’re likely to find!

It is easy to see how that absolute ban on politics and the blanket deportation language led many expats to assume you can’t criticize the government. But there is much more in the Mexican Constitution, and the issue is more nuanced than it would appear. Article I of the document gives all people, not just citizens, “. . . the human rights recognized in this Constitution and in those international treaties to which the Mexican State is a party, as well as the guarantees for their protection, whose exercise cannot be restricted nor suspended except in the cases and under the conditions established by this Constitution.” Article IX says, “The right to associate or unite peacefully for any licit objective cannot be stifled; but only those citizens of the Republic may take part in the country’s political matters.”A 2011 revision changed the President’s blanket authority thusly: “The Executive of the Union, after a hearing, may expel foreigners from the country on the basis of the law…”. Those additions changed the plenary authority of the President to exile an expat to something that must be adjudicated with due process.

Clearly the Mexican government has been liberalizing the rights of foreign residents, but one can see there remains a clear red-line: no political activity. Yet even this is murky. Some expats were appalled by the last American administration’s Migrant Protection Protocols (MPP, commonly called “Stay in Mexico”) which forced non-Mexican asylum seekers to await a hearing while remaining in Mexico. Expats spoke publicly against it. But the MPP was an agreement with the government in Mexico City, so the expat protestors were (wait for it) criticizing the position of the Mexican federal government! Yet they all still seem to be around.

So how to interpret all this? Engaging in political speech or action will likely offend someone and get you in trouble. This would include fund-raising, marching, promoting one or the other party: it doesn’t matter whether you are pro- or anti-administration, you might offend someone from another party who could report you. Discussing issues in general, talking with friends, even around a local, is highly unlikely to land you in trouble. Go online in social media sites and the odds get worse, since now there is a record (to be misconstrued, possibly) and you don’t control who sees it. Make yourself a general nuisance to the host nation by leading marches and starting movements, publishing tracts and proposing policies? More likely still: Adios, muchachos! In the end, there are very few recorded cases of expats being deported for engaging in political activity; more often it’s a case of immigration fraud. So have your paperwork in order, and don’t sweat it.

Final judgment: Expats can not criticize the government; Partially True.