Mexico is a member of a regional governmental organization that affects refugee affairs. 

It is part of the Organization of American States (OAS).

Organization of American States (OAS):

-Governing instrument(s): The OAS operates under the Charter of the Organization of American States, which was signed in Bogotá, Colombia, on April 30, 1948.

-Areas of work: The OAS aims to promote peace, democracy, human rights, and development in the Americas. In the context of refugee affairs, the OAS works to address migration and refugee challenges through various mechanisms, including the Inter-American Commission on Human Rights (IACHR) and the Inter-American Court of Human Rights (IACtHR). It monitors and promotes compliance with human rights standards, including the rights of refugees and asylum seekers, among its member states.

-Membership: Mexico joined the OAS as a founding member on April 30, 1948.

It's worth noting that while the OAS plays a role in addressing regional refugee matters, its primary focus is broader in nature, encompassing various political, social, and economic issues within the Americas. Refugee affairs are also addressed by other international and regional organizations, such as the United Nations High Commissioner for Refugees (UNHCR), which has a global mandate on refugee protection and assistance.

Mexico is a member of the regional governmental organization known as the Central American Integration System (Sistema de la Integración Centroamericana - SICA). However, it's important to note that SICA's work primarily focuses on Central American integration and regional cooperation rather than specifically addressing refugee affairs. Nevertheless, SICA's efforts can indirectly impact regional refugee issues through its broader integration and cooperation initiatives.

-Central American Integration System (SICA):

-Governing instrument(s): The legal framework for SICA is established in the Protocol of Tegucigalpa to the Central American Integration System, signed on December 13, 1991.

-Areas of work: SICA aims to promote regional integration, cooperation, and development among its member states in Central America. Its areas of work include economic integration, trade facilitation, infrastructure development, environmental sustainability, security, and social development. SICA also addresses migration issues, including the protection of migrants' rights and the facilitation of regional migration flows.

-Membership: Mexico became an Extra-Regional Observer of SICA on June 29, 2011. As an observer, Mexico participates in SICA's meetings and activities but does not hold full membership status.

While SICA's primary focus is on regional integration and cooperation within Central America, its initiatives can have implications for migration, including refugees, by promoting dialogue and collaboration among member states to address shared challenges in the region. It is important to note that the primary international organization responsible for refugee affairs globally is the United Nations High Commissioner for Refugees (UNHCR), and Mexico works closely with UNHCR in addressing refugee issues both domestically and regionally.

Mexico is a member of the regional governmental organization known as the Intergovernmental Committee for Migration (ICM) in the regional conference framework of the Regional Conference on Migration (RCM).

-Intergovernmental Committee for Migration (ICM):

-Governing instrument(s): The ICM operates within the framework of the Regional Conference on Migration (RCM), which was established by the Declaration of Puebla in 1996.

-Areas of work: The ICM focuses on regional migration issues, including the protection and assistance of migrants, refugees, and asylum seekers. It promotes dialogue, cooperation, and the exchange of best practices among member states in the region. The ICM addresses a wide range of migration-related topics, such as migration governance, human rights, labor migration, irregular migration, and the social and economic integration of migrants. While it is not specifically dedicated to refugee affairs, it plays a significant role in addressing migration challenges that can include refugee populations.

Membership: Mexico joined the Intergovernmental Committee for Migration (ICM) as a member state.

Regional Conference on Migration (RCM):

-Governing instrument(s): The RCM operates based on the Declaration of Puebla, which was signed by participating countries in 1996, providing the framework for regional cooperation on migration issues.

Areas of work: The RCM serves as a platform for dialogue and collaboration on migration matters among its member states. It aims to enhance understanding, cooperation, and coordination among countries in the region to address migration challenges, including the protection of migrants' rights and the promotion of safe, orderly, and regular migration. The RCM provides a forum for sharing experiences, best practices, and policy recommendations to improve migration governance and respond to the needs of migrants and affected populations.

-Membership: Mexico is a member of the Regional Conference on Migration (RCM).

Mexico's involvement in the Intergovernmental Committee for Migration and the Regional Conference on Migration demonstrates its commitment to regional cooperation and dialogue on migration-related issues, including those impacting refugees and asylum seekers.

Mexico is a member of the regional governmental organization called the Mesoamerican Integration and Development Project (Proyecto de Integración y Desarrollo de Mesoamérica - PM). Although its focus is on regional integration and development rather than specifically on refugee affairs, it plays a role in addressing migration-related challenges, including those affecting refugees, within the Mesoamerican region.

-Mesoamerican Integration and Development Project (PM):

-Governing instrument(s): The PM operates based on the Declaration of Managua, signed by the member countries on June 22, 2007.

-Areas of work: The PM aims to promote regional integration, cooperation, and sustainable development among its member states in the Mesoamerican region. Its areas of work include economic integration, infrastructure development, environmental sustainability, social development, and the promotion of human rights. While the PM does not have specific programs or mechanisms solely dedicated to refugee affairs, it addresses migration issues as part of its broader regional integration efforts.

Membership: Mexico is a member of the Mesoamerican Integration and Development Project (PM).

-Mexico's participation in the Mesoamerican Integration and Development Project reflects its commitment to regional cooperation and collaboration on various issues, including migration. While the PM's primary focus is on integration and development, its initiatives can contribute to addressing migration challenges, including the protection and well-being of refugees, in the Mesoamerican region.

Mexico is a member of the regional governmental organization known as the Central American Commission for Migration (Comisión Centroamericana de Directores de Migración - OCAM). While its primary focus is on migration issues rather than specifically on refugee affairs, it plays a role in addressing regional migration challenges, which can include refugee populations.

-Central American Commission for Migration (OCAM):

-Governing instrument(s): The legal framework for OCAM is established in the Guatemala Agreement, signed on June 20, 1990.

-Areas of work: OCAM aims to promote regional cooperation and coordination on migration matters among its member states in Central America. Its areas of work include facilitating safe and orderly migration, protecting the rights of migrants, enhancing border management, combating human trafficking and smuggling, and fostering dialogue and cooperation among member countries. While it does not have specific programs or mechanisms solely dedicated to refugee affairs, it addresses migration challenges that can encompass refugee populations.

-Membership: Mexico joined the Central American Commission for Migration (OCAM) as a member state.

Mexico's membership in the Central American Commission for Migration reflects its commitment to regional cooperation and coordination on migration-related issues, including those affecting refugees. While OCAM's primary focus is on migration, its initiatives contribute to addressing the broader challenges and protection needs of migrants, including refugees and asylum seekers, in the Central American region

The Mexican State contemplates a dualist system for the application of international law (article 133 of the Political Constitution of the United Mexican States (the “Constitution”)). However, there are certain exceptions to such system contemplated in the Constitution:

(i) a pluralist system is implemented with regards to human rights, territorial sea and airspace. In such cases, international treaties entered into by the Mexican State are raised to constitutional rank; and

(ii) a monist system is implemented with regard to the economic exclusive zone of the territorial sea (paragraph IV of article 27 of the Constitution).

Under Articles 1 and 133 of the Mexican Constitution, international treaties to which Mexico is a party form part of the domestic legal order. Article 133 establishes that the Constitution, federal laws enacted pursuant to it, and treaties consistent with the Constitution constitute the supreme law of the Union.

With respect to human rights, Article 1 of the Constitution expressly recognizes the rights contained both in the Constitution and in international treaties to which Mexico is a party. It further requires all human rights norms to be interpreted in accordance with the Constitution and applicable international treaties, favouring at all times the interpretation that provides the broadest protection to the individual (the pro persona principle).

Accordingly, international human rights norms do not, as a general rule, require specific enabling legislation in order to form part of the domestic legal framework or to be relied upon by national authorities and courts. Domestic legislation may nevertheless be necessary to regulate procedures, establish competent authorities, or implement specific treaty obligations in practice.

The Supreme Court of Justice of the Nation (SCJN) has held that human rights recognized in the Constitution and in international treaties form part of a common constitutional regularity framework (parámetro de regularidad constitucional) and are not, as a general matter, related to each other in hierarchical terms. Where different applicable norms or interpretations exist, authorities should apply the one that affords the person the broadest protection, in accordance with the pro persona principle. However, under the SCJN’s jurisprudence, where the Constitution itself establishes an express restriction on the exercise of a human right, the constitutional restriction prevails.

Mexico is a federal secular democratic republic, integrated by 32 states that are free and sovereign with respect to their internal local regime, all united in one federation.

Mexico has a civil law legal system. The civil law system is based on a comprehensive set of codified laws and statutes that form the basis of legal principles and regulations. It originated from Roman law and is prevalent in many countries around the world, particularly in continental Europe and Latin America.

In the civil law system, laws are primarily written and enacted by legislative bodies, such as the Mexican Congress, and are organized into codes that cover different areas of law, including civil, commercial, criminal, administrative, and constitutional law. These codes provide detailed rules and regulations that judges apply when deciding cases. Judges in the civil law system have the role of applying and interpreting the law rather than creating legal precedents through their decisions.

The civil law system emphasizes the importance of legal certainty, clarity, and predictability. Legal reasoning in this system relies heavily on the interpretation and application of statutes and codes, with less emphasis on judicial precedent. While judicial decisions are not binding on future cases, they can serve as persuasive authority.

In Mexico, the civil law system is influenced by other legal traditions as well. For instance, some indigenous communities may apply their own customary laws alongside civil law principles, creating a form of legal pluralism in certain regions. Additionally, Mexico's legal system is also influenced by international treaties and agreements, such as those related to human rights and trade.

Overall, Mexico follows a civil law legal system characterized by codified laws, statutes, and the application of legal principles derived from legislation.

In Mexico, the institutional framework of the judiciary consists of various components that make up the formal court system. The interaction between the formal court system and traditional justice mechanisms, particularly within indigenous communities, is a complex and evolving process.

The formal court system in Mexico includes federal and state courts. At the federal level, the highest judicial authority is the Supreme Court of Justice of the Nation (Suprema Corte de Justicia de la Nación, SCJN), Mexico’s constitutional court. It is responsible for interpreting the Constitution, resolving constitutional controversies, and ensuring that laws and acts of public authorities comply with constitutional and human rights standards. Following the 2024 judicial reform, the Supreme Court is composed of nine Justices (Ministras y Ministros) and operates exclusively in plenary session. Its current composition took office on 1 September 2025, following the 2025 federal judicial election. Below the Supreme Court, the federal judiciary includes Circuit Courts (Tribunales de Circuito) and District Courts (Juzgados de Distrito), which hear cases involving federal law and constitutional matters.

At the state level, each state has its own judicial structure. State supreme courts (Tribunales Superiores de Justicia) oversee the administration of justice within their respective states. Below the state supreme courts, there are appellate courts (Tribunales de Apelación) and trial courts (Juzgados de Primera Instancia) that handle state law cases.

Regarding the interaction with traditional justice mechanisms, Mexico recognizes the rights of indigenous peoples and their customary legal systems. The Mexican legal framework, particularly the Constitution and international human rights instruments, acknowledges the importance of indigenous justice and the right of indigenous communities to use their traditional dispute resolution mechanisms.

In practice, the interaction between the formal court system and traditional justice mechanisms can vary depending on the specific circumstances and the community involved. In some cases, there are mechanisms for collaboration and coordination between the formal courts and traditional authorities, aimed at respecting indigenous rights and ensuring access to justice. This may involve referrals of cases between the two systems, dialogue, and mutual recognition of decisions.

However, challenges exist in harmonizing the two systems, such as differences in legal procedures, language barriers, cultural sensitivity, and ensuring the protection of individual rights within traditional justice mechanisms. Efforts are ongoing to strengthen the dialogue and cooperation between the formal court system and traditional justice mechanisms, aiming to strike a balance between respecting indigenous autonomy and ensuring access to justice for all individuals.

1. Ministry of the Interior (Secretaría de Gobernación – SEGOB)

• Basis in legislation: The Ministry’s responsibilities are established primarily in the Law on Refugees, Complementary Protection and Political Asylum (Ley sobre Refugiados, Protección Complementaria y Asilo Político), the Migration Law (Ley de Migración) and their respective regulations.
• Functions: SEGOB is the federal authority responsible for migration and refugee policy. In refugee matters, it is responsible for coordinating public actions, strategies and programmes for the protection and assistance of asylum-seekers and refugees, promoting durable solutions, establishing coordination mechanisms among federal, state and municipal authorities, and facilitating access to public programmes and services. These functions are exercised principally through the Mexican Commission for Refugee Assistance (COMAR) and, in migration matters, through the National Institute of Migration (INM).

2. Mexican Commission for Refugee Assistance (Comisión Mexicana de Ayuda a Refugiados – COMAR)

• Basis in legislation: COMAR’s mandate derives from the Law on Refugees, Complementary Protection and Political Asylum, its Regulations and the Internal Regulations of the Ministry of the Interior.
• Functions: COMAR is a decentralized administrative body (órgano administrativo desconcentrado) within SEGOB and is the specialized federal authority responsible for conducting and deciding procedures for the recognition of refugee status and complementary protection. It receives and registers applications, conducts eligibility interviews and country-of-origin analysis, issues decisions and conducts procedures related to cessation, cancellation and revocation of refugee status. COMAR also provides institutional assistance through referrals and coordination with other public institutions, civil society organizations and international organizations, and promotes the legal, economic, social and cultural integration of refugees. COMAR does not issue immigration residence documents, administer shelters or provide direct financial assistance.

3. National Institute of Migration (Instituto Nacional de Migración – INM)

• Basis in legislation: The INM’s mandate is established primarily in the Migration Law and its Regulations, as well as in provisions of the Law on Refugees, Complementary Protection and Political Asylum.
• Functions: The INM is the federal migration authority responsible for implementing migration policy, controlling entry into and departure from Mexican territory, processing immigration status and documentation, and carrying out immigration procedures, including return and deportation where legally applicable. In locations where COMAR is not present, asylum applications may be submitted before the INM, which must refer them to COMAR for processing. The INM does not determine refugee status. It also plays a key role in issuing migration documentation to asylum-seekers, refugees and beneficiaries of complementary protection and must respect the principle of non-refoulement and access to the asylum procedure.

4. Ministry of Foreign Affairs (Secretaría de Relaciones Exteriores – SRE)

• Basis in legislation: Its responsibilities derive from the Law on Refugees, Complementary Protection and Political Asylum and other applicable legislation.
• Functions: The SRE participates in the international protection framework, including by providing its opinion in refugee status procedures in accordance with the Law and by coordinating with SEGOB on durable solutions. It is also the competent authority for political asylum (asilo político), which is legally distinct from the refugee status determination procedure administered by COMAR.

5. National and State Systems for Integral Family Development (Sistema Nacional DIF and State DIF Systems) and Child Protection Authorities

• Basis in legislation: Their responsibilities derive principally from the Migration Law and the General Law on the Rights of Children and Adolescents (Ley General de los Derechos de Niñas, Niños y Adolescentes).
• Functions: DIF authorities and the federal and state Offices for the Protection of Children and Adolescents (Procuradurías de Protección de Niñas, Niños y Adolescentes) have specific responsibilities regarding migrant, asylum-seeking and refugee children. These include providing social assistance and appropriate accommodation, identifying international protection needs, developing and implementing rights-restoration plans, determining measures based on the best interests of the child, and ensuring that children and adolescents are not detained in immigration detention facilities.

6. State and Municipal Authorities

• Basis in legislation: The Law on Refugees, Complementary Protection and Political Asylum expressly provides for coordination between federal, state and municipal authorities, while sector-specific federal and local legislation governs access to individual rights and services.
• Functions: Mexico does not have a uniform sub-national refugee authority equivalent to COMAR. State and municipal authorities nevertheless play an important role in the effective enjoyment of rights and local integration of asylum-seekers and refugees. Depending on the distribution of competences and the particular state or municipality, these authorities may be responsible for or facilitate access to healthcare, education, civil registration, social assistance, housing and local employment and integration programmes. State and municipal DIF systems and child protection authorities have additional specific responsibilities regarding children and adolescents. The degree of institutionalization of refugee-specific policies and programmes varies considerably across states and municipalities.

Other relevant sectoral authorities

Other federal and local institutions are responsible for the effective implementation of specific rights, including authorities responsible for health, education, labour and employment, civil registration and identity documentation, and non-discrimination. Their role is particularly relevant after recognition of refugee status, as Mexican law requires public authorities to facilitate refugees’ access to public programmes and services under the same applicable legal framework.