Social Security and Labor Migration of Mexicans to the USA

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Journal of US-China Public Administration,ISSN 1 548-659 1 March 2013,Vo1.10,No.3,280-293 u 

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Social Security and Labor Migration of Mexicans to the USA 

Gabriela Mendiz ̄ibal Bermfidez Autonomous University of Morelos State(UAEM),Morelos,Mexico 

The following article presents the result of a research about migrant workers and their social security.It exposes that the poor countries have the international applicable treats as an only protectoral directive and social security to their workers who immigrate to develop countries.However,this represents dificulties:(1)they depend from the acceptation and application of the receptor countries of migrant people(this does not work,the link Mexico-EU is an example,because this last one did not sign the most important international treaties);and(2)the lack of social security of migrant workers is a way of escaping from Mexico because of the quantity of formal job vacancies that Mexico is not creating,but in the future,this will be a time bomb due to the high prices which will represent the health attention and lack of pensions,as they come back as a result of hardened migratory policies.This study shows how from Mexico it is legally possible to create a basis granting migrants social security,within the host country,for their families remaining in Mexico and for them when they return,through a voluntary incorporation to the mandatory scheme of the Mexican Social Security Institute.It should be noted that at the first stage of the research it was financed by CONACYT(National Council of Science and Technology of Mexico)’later it has developed under the auspice from UAEM(Autonomous University of Morelos State).The methodology applied was principally exegetic for the national law interpretation and international applicable. 

Keywords.’workers,migrants,social security 

Mexican labor migration is an issue that went unnoticed for many years.Later on.because of the circumstances in which migrants live,it began to attract the attention of scholars and of public opinion in genera1.The cruel stories of workers crossing the northern border of Mexico awoke consciousness about the matter and thus sociological and then legal studies began.However within the flame of the law,due to the importance of the situation,the issue of migration was limited to the issue of human rights,international law, and criminal as well as constitutional law. Recently,research has been carried out from the social law standpoint where the main factor of analysis was constituted by the labor rights.Nonetheless,social security as a fundamental right of all individuals has been confronted by migration in only a few studies of analysis. Concerning the topic of migration and social security,it should be considered that emerging countries have established as their sole guideline for migrant workers,the regulations established by international treaties and agreements applicable to migrant workers.This is regarding social protection and specifically social security benefits.However.such a framework presents several di伍culties: 

Corresponding author:Gabriela Mendizfibal Bermfldez,professor and researcher,Faculty of Law and Social Sciences, Autonomous University of Morelos State(UAEM);research fields:social security law,labor 1aw,vulnerable social security 

groups(women,children,seniors,indigenes,homosexuals,migrants,informal workers,etc.)and gender equity.E—mail: gabymendizabal@yahoo.corn.mx. S0CIAL SECURITY AND LAB0R MIGRAT10N OF MEXICANS TO THE USA 28 l (1)Migrant workers depend completely on the good will of the countries receiving the migrants.which seldom works.It suffices to analyze any instance of massive labor migration to realize that some of the host countries do not very much want to be bound by international treaties which suppo ̄the loads imposed by high rates of immigration in their territories:the United States with Mexicans,Spain and Italy with Africans,etc.; 

(2)As a result of stricter immigration policies in the countries receiving the migrants,many workers must return to their countries of origin or delay their journeys due to the dificulties of entering the host countries. Such a delay not only has legal consequences,but also social consequences such as family disintegration; (3)Migration of Mexican workers to other countries for many years was a depressurization of the formal labor demand.However,by not providing effective social protection mechanisms for workers and their families remaining in the country,there is a steadily increasing demand for social security benefits and its increasing costs. This study shows how from Mexico it is legally possible to create a basis granting migrants social security, within the host country,for their families remaining in Mexico and for them when they return,through a