The ABA Journal reports that the U.S. federal government has been wrongly citing a Mexican law that doesn't exist in claiming that Mexicans born to a U.S. father out of wedlock are not "legitimized" under Mexican law and thus are not U.S. citizens. See the full article.
The Fifth Circuit Court of Appeals found that the purported Mexican constitutional provision doesn't exist in the opinion in Iracheta v. Holder, released on September 11, 2013.
The "phantom" Mexican constitutional provision was being cited for 35 years by INS/DHS and nobody successfully challenged its application. The article states that "Most such cases are never appealed, because those affected don't have the money to retain counsel."
This is yet another example of the tragedy of those in removal proceedings not having access to affordable counsel.
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