FlyerTalk Forums - View Single Post - Undocumented immigrant with a valid state ID
Old Sep 27, 2011 | 11:42 am
  #100  
Ari
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Originally Posted by alexb133
I'm an accountant, not an attorney, but I would imagine that in the eyes of the law, presenting one of these cards creates the presumption of being illegal (probable cause to investigate your immigration status?)
I would say it does not give probable cause but cetainly gives reasonable suspicion for authorized officials to investigate status. I wouldn't say it carries any presumptions (as a matter of law) other than that a person is a Mexican national. As a practical matter, most officials encountering such a card assume that the person presenting it is unlawfully present.

Originally Posted by alexb133
Logically, legal Mexican residents have no use for the card, as they are eligible for US-issued identification.
Perhaps for consular notification or to obtain services of the consulate.

Originally Posted by alexb133
Also - if the Mexican government wants these cards to be considered more "secure", and accepted in more places, they should issue them responsibly. First of all, by verifying a person's actual identity, and only issue them to people with provable legal status in the respective country (USA).
With respect to the first part, verification of identity, there would be nothing wrong with that. The Mexican government did actually try to make them more "secure" a few years ago, but that was really just a design upgrade and some claim that they were vetting them better (an assurance that I don't really credit).

With respect to the second part, issuing the card only to those who can prove legal presence here, that would partially defeat the legitimate diplomatic purpose of the card: To identify Mexican nationals in the United States who are entitled to Mexican consular services and protection. Because those unlawfully present in the United States are still entitled to consular services and protection, it would make no sense not to issue these cards to such persons.

Originally Posted by alexb133
As an American (and its basically the same thing here in Canada), you cannot get a driver's licence, health card, passport, etc., without proving who you say you are.
Right.

Originally Posted by alexb133
Neither the Canadian or US governments issue such "consular cards" to its citizens living abroad, but they do register citizens abroad who wish that.
If the USA or Canada wanted to issue such documents, they could. They choose not to.

Originally Posted by alexb133
Though the quantum of proof is low (basically unverifiable), and no special ID card is issued, they do ask for your immigration status in the country of question, and "illegal" isn't a choice.
That is the choice of the United States and Canada but not the choice of the Mexican government.
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