How to Avoid Legal Issues When Crossing the Mexican-American Border

Wednesday, 26 October 2011 05:23

1. Visiting without bothering to obtain a tourist card. Contrary to most people's understanding, aliens must have a tourist card if they remain in Mexico longer than 72 hours -- even if you venture no deeper than ten feet from the border fence. Favorite weekend destinations as far south as Ensenada on the west coast, and San Felipe on the east coast, do not require a tourist card unless a visitor remains for 72 hours or longer. Points further south than an imaginary line drawn between the two cities, require a tourist card regardless of length of stay.
   
   
2. Smuggling contraband without declaration at the border. Be aware that things have tightened up considerably in the last few years. If a substantial amount (volume or value) of contraband is discovered during a routine secondary inspection, your motor vehicle, and all of it's possessions, including towed vehicle and contents can be impounded. The Aduana (Mexican Customs) is allowed to set it's own figure on the worth of the contraband if a receipt is nowhere to be found. A fine of up to three times the worth of the sized contraband is levied which must be paid on the spot. The confiscated contraband is not returned once the fine has been satisfied.
   
   
3. Flying an Americal flag is illegal in Mexico unless it is on a flagstaff at the stern of a cruising yacht that has been legally registered for passage into Mexican waters (a boat permit). Signs, decals, and photographs of foreign flags are not banned. Also, the flying of a Mexican flag is illegal unless written permission is obtained from the office of the Secretería de Gobernación.
   
   
4. Driving with expired license tags will be treated as if the vehicle were a Mexican vehicle being driving with expired tags. Only the registered owner is allowed to drive a motor vehicle in Mexico, unless the registered owner has supplied the driver with a notarized letter of permission - unless of course the owner is physically present when another is driving. However, if someone not listed on an insurance policy as a co-driver happens to be driving at the time of an accident, the insurance policy may be considered invalid.
   
   
5. Fishing from a boat with no license is very illegal. Shore fishing on the ocean or sea is permitted sans license, but many inland fisheries require a license (check with the local office of PESCA).
   
   
6. Gathering mariscos (seafood) is prohibited period, and, is not licensable. This includes gathering clams, lobster, shrimp, caracol, mussels, scallops, abalone, squid, and octopus. Technically, possession of seafood requires possession of a valid receipt from a federally registered retail foods outlet (the burden of proof is on the possessor).
   
   
7. Cutting of some firewood is a more serious crime than most people realize. Tourists are allowed to gather loose firewood, but are not allowed to fell standing trees, either living or dead, by means of a powered saw, axe or other instrument.
   
   
8. Motor vehicles remaining in Mexico longer than 180 days. Even though a "car permit" is not required in Baja California, a time limit exists for motor vehicles. The only exception is for FM-3 and FM-2 Immigrantes. Trailers also cannot remain in Mexico longer than 180 days unless a 20-year permit is obtained from the office of Hacienda.
   
   
9. Selling a motor vehicle is expressly prohibited in Mexico. A motor vehicle with a "For Sale" sign on it can be immediately impounded if it did not display Mexican license plates. The ban includes motorbikes, ATV's, boats and trailers.
   
   
10. Possession of illegal drugs: Either way you look at it, this is a major NO. But let's be real, if you are going to do this in Mexico plan on spending a good chunk of your life in prision. There is no bail allowed on a drug charge and prision sentences are much longer than in the U.S. and to top it all off; Mexican jail conditions aren't going to be as glorious as in the U.S. Jail fines and sentences up to 25 years should be a good reason to stay away from drug possession.

If for some reason you violate any of these laws, are short the cash and need to bail yourself out of jail get in touch with a friend or family member and send the money from the U.S. over seas

It is also wise to get in touch immediately with the US consolate:

Written by Kelsey Merkel You are reading How to Avoid Legal Issues When Crossing the Mexican-American Border articles