You Are Not Mexican. Curiosities about Nationality

The historical archives of Mexico’s Secretariat for Foreign Affairs contain numerous letters from people inquiring about their nationality or seeking to resolve conflicts related to it. This correspondence shows that, from the 19^th century and well into the 20^th, Mexican nationality was still a work in progress, and that the boundaries of the Mexican nation remained unclear. Many people were unsure whether they were Mexican or foreigners, and between 1854 and 1934, Mexican nationality could be lost by residing abroad for more than ten years, suggesting a tenuous link between the individual and the state. Rather than being viewed as a right, nationality was often seen as a gift.

The nationality conflicts of individuals who considered themselves Mexican or were deemed Mexican began with a failure in its origin: the lack of a standardized identity document, there was no single document to prove national belonging—still there isn’t. During the second half of the 19th century and a significant part of the 20^th, the primary document to prove nationality was the birth certificate. However, the Civil Registry, established by the Reform Laws in July 1859, took decades to consolidate, due to the fierce opposition from the Catholic Church, among other difficulties. As a result, the practice of registering children at birth did not become a widespread custom until many decades later. Under-registration of births was common due to the difficulties involved in establishing a new practice and certain problems associated with it such as the reluctance of many individuals to publicly disclose their children’s origins. But there were also structural issues, as many areas lacked Civil Registry offices. This led to a critical situation where individuals without a birth certificate could not prove their nationality and were vulnerable to be deemed as foreigners by the authorities. Under Article 33 of the Constitution, this could result in their expulsion from the country.

On the other side, a lot of people were unsure of their nationality. This confusion stemmed from a series of laws and regulations that were occasionally unclear and, sometimes, overlapping. It is important to keep in mind that the concept of ius soli (which grants nationality based on birthplace) dates to 1934 in Mexico. Prior to that, Mexicans were persons born of Mexican parents, which is still valid today.

During a certain period in the 19^th century, conflicts arose due to legislation stipulating that foreigners in Mexico who had children or property would be considered Mexican nationals if, at the time of such events, they did not explicitly declare their intention to keep their original nationality. This provision led many to unintentionally acquire the Mexican nationality. Part of the confusion arose from the fact that, between 1886 and 1917, children born in Mexico to foreign parents were considered Mexican nationals if they did nothing when reaching adulthood—e.g. if they didn’t actively opt for their father’s nationality, although many were unaware of this. The 1917 Constitution marked a shift by mandating that Mexican nationality could only be acquired through an explicit act of will, not through passive omission. Therefore, from 1917 to 1934, children of foreigners born in Mexico had to proactively choose Mexican nationality if they desired it, although they only had one year to make the choice after reaching adulthood, then at 21 years of age.

Women’s nationality was also problematic for several reasons. Married women gave up their nationality to become their husbands’ during the 19th century and most of the 20th century. This principle, which was accepted by most European countries, was based on the idea that married couples needed to be citizens of the same state to ensure “peace at home.” But often the states to which these men belonged refuse to acknowledge their spouses as nationals. As a result, women found themselves in a practical stateless condition.

Since 1886, foreign women who married Mexicans automatically acquired Mexican nationality, although they needed to undergo a process to obtain a certificate of nationality. However, the Nationality Law of 1934 stipulated that to be considered Mexican, they had to establish their residence in the national territory. Elisabeth Kalmar, a Hungarian woman who married Rubén Rodríguez in 1934 in Paris, became stateless—Hungary withdrew her passport at the time of her marriage, and Mexico could not issue her one because she did not reside in Mexico.

Finally, the Mexican nationality faced a serious conflict regarding the provision that Mexicans residing outside the country for more than ten years without permission or license from the government would lose their nationality. This provision was justified by the notion that those who went away did not comply with their duties to the homeland and, therefore, did not deserve to enjoy the benefits of national law. Again, many Mexicans were unaware of the need for a license, particularly those who emigrated to the United States as children, and they generally found out about that—with great surprise—when they needed the protection of the Mexican government and would not get it. Denationalization as a punishment for those who emigrated was highly problematic in a country of significant emigration yet has received relatively little academic attention.

In conclusion, it is important to point out that throughout the 20^th century, various provisions have widened the divide between Mexicans by birth and Mexicans by naturalization. There are several fundamental differences: the former benefit from a “no loss” provision of Mexican nationality, allowing them to hold multiple nationalities, whereas the latter do not: they must renounce their original nationality and can only retain Mexican nationality. In addition, Mexicans by naturalization risk losing their Mexican nationality if they reside abroad for more than five years. Furthermore, an extensive array of laws restricts their eligibility for certain public positions, including the presidency of the Republic, leadership of autonomous bodies, and even academic positions.

Examining the historical construction of the Mexican nationality reveals insights into persistent nationality conflicts and into the existence of several kinds of citizenship with differentiated rights. The experience of being Mexican can vary significantly between those who obtained nationality by birth and those who have been naturalized.

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