March 31, 2020

Decrees Issued by U.S.-Mexico Border States

In furtherance of the preventive measures that have been taken by the Mexican federal government, certain Mexican states have chosen to take action to mitigate, control and prevent the spread of COVID-19.

With the exception of Baja California, the Mexican states that border the United States have ordered the temporary closure of certain establishments, meeting places, and non-essential activities that involve gatherings of people, including bars, party rooms, theaters, cinemas and other similar establishments. Likewise, restaurant operations are limited to delivery and carry-out only.

The State of Sonora has declared a health emergency. However, the decree is ambiguous and does not specify any actions relating to any specific industries. According to the decree, the Economic Cabinet will determine what types of establishments will continue to operate, the same which must implement required sanitary and social distancing measures. Interested parties must await the Economic Cabinet’s determinations in order to know which businesses will be able to continue to operate. It is important to note that Sonora is the only border state that has issued a decree in regard to vulnerable persons as relates to the decree issued by the Mexican federal government on March 24, 2020.

Additionally, the state of Chihuahua is the only border state to have issued a ruling specifically stating that the manufacturing industry may continue to operate while taking the necessary measures and precautions. In other border states, the state governments’ positions have been thus far confusing, and it is still unclear how manufacturers will be affected in those states.