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Migración y desarrollo
versão impressa ISSN 1870-7599
Resumo
CASTILLA JUAREZ, Karlos A.. Ley de Migración mexicana: Algunas de sus inconstitucionalidades. Migr. desarro [online]. 2014, vol.12, n.23, pp.151-183. ISSN 1870-7599.
Mexico's Migration Law had been in effect for three years by 2014. It enacted significant advances that sought to guarantee and protect migrants' human rights, which have yet to be reflected in reality. Furthermore, this Law has not yet been comprehensively analyzed by Mexican judicial authorities to determine the compatibility of its norms with the constitutional package of human rights protections (Constitution-Treaties) established in the 1st article of the Constitution. With this in mind, this article examines some of the potential unconstitutionalities contained within the Migration Law, seeks to explore whether they can be debated, and from this, determine whether they may be excised from Mexico's legal system with the aim of making possible the creation of a migratory policy that more effectively respects the human rights recognized in the Constitution and in the treatment of all people in Mexico.
Palavras-chave : Migration Law; constitution; treaties; human rights; unconstitutionality.