Mexican President Claudia Sheinbaum is preparing a constitutional amendment that would prevent people with dual nationality from serving as president or state governor, a proposal she says is intended to protect Mexico from foreign interference.
The measure, which would need to be submitted to Congress, would not eliminate dual nationality for ordinary Mexican citizens, including the millions of Mexican Americans entitled to citizenship in both Mexico and the United States.
"The issue is whether you want to be president or governor," Sheinbaum said during her morning news conference this week. "In that case, I believe it must be clear that you should have only one nationality, which is Mexican."
Sheinbaum said her administration's legal counsel had begun drafting the initiative with input from Arturo Zaldívar, a retired president of Mexico's Supreme Court who now serves as a senior presidential adviser.
"They are already drafting it, and we are going to send it to see whether it is accepted," Sheinbaum said. "Then we will see who votes in favor and who votes against." Forbes México reported her complete remarks.
The proposal grew out of Sheinbaum's criticism of Francisco García Cabeza de Vaca, the former governor of Tamaulipas who was born in Texas and holds Mexican and U.S. nationality. Mexican authorities have sought his arrest over allegations of organized crime and money laundering. Cabeza de Vaca denies wrongdoing and describes the case as political persecution.
"Why would you have dual nationality if you represent the people of Mexico?" Sheinbaum said Tuesday. "If you have dual nationality, then whom do you represent, Mexico or another country?"
Cabeza de Vaca responded that Mexico's Constitution permits him to seek the presidency and accused Sheinbaum's government of using his case to distract from other problems. He also repeated his claim that the criminal accusations against him are politically motivated.
Mexico has recognized dual nationality since 1998. Under Article 37 of the Constitution, a Mexican by birth cannot be stripped of Mexican nationality, even after obtaining citizenship from another country.
That protection is not being eliminated under the proposal described by Sheinbaum. Mexicans would remain free to hold two or even three nationalities. The restriction would apply specifically to people seeking the presidency or a governorship, although the eventual text could identify additional public positions.
There is also an important legal complication: Mexico's Constitution already contains restrictions affecting dual nationals who seek certain public offices.
Article 32 states that positions for which Mexican nationality by birth is required are reserved for people who "do not acquire another nationality." The presidency and governorships are among the offices for which the Constitution requires Mexican nationality by birth.
The Nationality Law also requires some dual nationals seeking restricted public positions to obtain a certificate of Mexican nationality. To receive it, applicants must formally renounce allegiance, obedience, and submission to a foreign state.
The ambiguity lies partly in the constitutional wording. Article 32 refers to people who "acquire" another nationality, which may be interpreted differently from those who possessed two nationalities from birth, as in the case of someone born in the United States to Mexican parents. Sheinbaum's proposal appears intended to establish an explicit, uniform requirement that a presidential or gubernatorial candidate possess only Mexican nationality, regardless of how the second nationality was obtained.
Until the administration releases the text, it is unclear whether candidates would have to complete a legally effective renunciation under the other country's laws or whether Mexico's existing nationality certificate would be sufficient.
