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Migration Data and Labor Rights

MEXICO

Recruitment Laws

Migration to the United States

     H-2A and H-2B Programs

     Undocumented Migration into the US

Migration to Canada

     Seasonal Agricultural Worker Program

     Foreign Worker Program

Migration into Mexico

Endnotes


*Please click the reference notation to see the accompanying end note.

Recruitment Laws

Mexico's Labor Code Articles 28 and 25 regulates the recruiting of Mexican nationals to work abroad. All recruitment and transportation fees must be paid by the employer or recruiting agent.
Federal Labor Law Art. 25, 28 (1970)
Article 28/Articulo28

Migration to the United States

H2A & H2B Programs

Since the mid 1800's, Mexican nationals have been coming to the US and providing labor. The 1940's saw the creation of the US guest worker program that came to be known as the "Bracero" program. In the 1980's the guest workers program was revised and the H2 program was created - the US guest worker programs for non-professional workers, which is a form of documented migration on the basis of granting temporary worker visas.

The US guest worker program grants H-2 visas for temporary workers under either the H-2A or H-2B designation - the H-2A visa is granted for agricultural work, and H-2B visa for non-agricultural work. See also Temporary Guestworkers (H-2 Visas)

Below is the number of guestworkers that have participated in the H2 program, showing the ever-increasing demand by the US for foreign labor.

Mexican guest workers to the United States under H-2 visas from 1998-2006:

 

 19981 19992 20003 20014 20025 20036 20047 20058 20069
H-2A 21,594 26,069 27,172 21,569 12,846 9,924 17,218 1,282 40,283
H-2B 10,727 18,927 27,755 41,852 52,972 65,878 56,280 89,184 89,184
Total 32,321 44,996 54,927 63,421 65,818 75,802 73,498 90,466 129,467
Undocumented Migration

The other form of Mexican migration to the United States is seen in the undocumented migrants crossing the Mexican/American border illegally. It is difficult to assign fixed numbers on the flow of undocumented Mexicans migrating to the US yearly, particularly in terms of participation in the workforce.

The Department of Homeland Security estimates that as of January 1, 2006, there were a total of 11,500,00 undocumented immigrants in the United States, and of those 6,570,000 of them are undocumented Mexican immigrants.10

Temporary Worker Programs in Canada

Canada also runs guestworker programs similar to the US, with its Caribbean and Mexican Migrant Seasonal Agricultural Worker Program (SAWP) and Foreign Worker Program (FWP). The SWAP program is for agricultural migrant workers, and the FWP covers non-farm worker, low-and medium-skilled workers.

Mexican Migrant Seasonal Agricultural Worker Program (SAWP)

Canada's agricultural migrant worker program originated in 1966, bringing agricultural workers from the Caribbean and was expanded in 1974 to bring workers from Mexico at which point the program gained its "SAWP" name. The SAWP program is administered by the Human Resources and Social Development Canada (HRSDC) and Citizenship and Immigration Canada (CIC) branches of Canadian government.

Once the request by the Canadian employer is made, the Mexican officials are given 20 days to choose the requested workers and provide the workers medical clearance and passports.17 It is important to note that Mexican workers are responsible for paying their own medical screenings and transportation to Mexico City for the various screenings, registrations, and approvals necessary for the program.18

SAWP's Current Migration Patterns

Canada's SAWP program is currently bringing agricultural workers from Mexico, Jamaica, Barbados, Trinidad & Tobago, Dominica, Grenada, St. Kitts/Nevis, St. Lucia, Monserrat and St. Vincent & the Grenadines.19

As with any program, it is difficult to pinpoint the volume of workers participating in the specialized migrant worker programs, yet the following data from the CIC's shows:

        • The number of Mexican migrant workers in the SAWP program has continually increased in the last ten years;

Annual Flow of Mexican Foreign Workers to Canada - 1997-200520*

 

 1997 1998 1999 2000 2001 2002 2003 2004 2005
Mexican Workers 6,127 6,990 8,139 10,073 11,306 11,629 11,301 11,494 12,610

*These numbers are taken from the Citizen and Immigration Canada Facts and Figures for 2005 and are representative of the "Foreign Workers" to Canada from Mexico; although not specified as agricultural or SAWP workers, the preceding graph, from the CIC bulletin The Monitor, strongly suggests that the numbers indicate SAWP agricultural workers.

        • Mexican migrant workers outnumber the migration pattern of the other participating sending countries.

21

The graph suggests Mexican migrant worker participation has not only been largely significant in terms of agricultural workers to Canada under SAWP, it has also increased at a greater rate than participation from the Caribbean.

Yet with all of these migrant workers traveling for work, the responsibility of monitoring the working conditions or aiding workers when disputes arise over the fulfillment of the Employment Agreement conditions, is left to the government representatives from the sending countries.22These raises serious concerns over how well protected the workers rights are since any issues that come up are to be raised by a party in another country. Recently some progress has been made, up until June of 2007, migrant farm workers in Alberta and Ontario were not allowed to unionize and collectively bargain, under the Agricultural Employees Protection Act (AEPA), making it more difficult for workers to voice grievances and gain representation against employers when matters arose.23 In June of 2007, the Supreme Court of Canada ruled that migrant farm workers have a constitutional right to collectively bargaining.24 While this a great victory for the migrant community in Canada, there still remains much work to be done.

Foreign Worker Program

Canada also has a non-farm worker-targeted temporary worker program called the Foreign Worker Program (FWP). This program was introduced in 2002 for low-and medium-skilled workers by HRSDC.25 While the employers must pay the prevailing wage as with the SAWP program, they are not required to provide housing and there is less government supervision of this program; also unlike SAWP, workers may stay for a period of up to 12 months and then may move on to other work upon completion of the original assignment.

Migrant Workers to Mexico

Mexico itself has a form of migrant worker program for Guatemalan migrant workers in the Mexican state of Chiapas. These are Guatemalan migrants registered as agricultural migrant workers and employed on farms within the Mexican state of Chiapas.26

The majority of workers are employed on coffee farms, as well as, sugar cane, papaya, and plantain farms.27 These migrants are allowed multiple entries and exits into Mexico, but their movement is limited to within the state of Chiapas.28 These workers are registered as "Visitantes Agricolas" (Agricultural Visitors), by the Mexican National Institute of Migration.29

Annual flow of Agricultural Visitors into Mexico, 1999-200730

 

 2000 2001 2002 2003 2004 2005 2006 2007
Agricultural Visitors 69,036 42,475 39,321 45,055 41,894 45,518 40,244 27,840