Introduction to the Federal Security Reform Package
On June 24, during her morning press conference at the National Palace, Mexico City’s Chief Legal Advisor to the President, Ernestina Godoy, presented a federal security reform package. This legislative proposal aims to revise existing legal frameworks with three main focuses:
- Creation of a National System for Investigation and Intelligence in Public Security Law
- Drafting of a new General Law of the National System for Public Security
- Structural modifications to the Guardia Nacional Law
Objectives of the Reforms
The reforms aim to strengthen two key elements of the national security strategy:
- Professionalization and consolidation of the Guardia Nacional
- Enhancement of intelligence and investigative capabilities of the Mexican state
Key Proposals in the Reform Package
National System for Investigation and Intelligence Law:
This proposed law establishes a regulatory framework for coordinating and executing preventive and counter-delict actions through intelligence. It is constitutionally regulated by Article 21 and involves the creation of a National Intelligence Council led by the Secretariat for Security and Citizen Protection (SSPC) and operated by the National Intelligence Center.
The system, according to Godoy Ramos, will be under the control of the Public Ministry and function as a tool to anticipate “violence generators” using legal and controlled technologies, ensuring protection of human rights and personal data.
Moreover, any intervention in communications will require prior judicial authorization as stipulated by the National Criminal Procedures Code.
New General Law of the National System for Public Security:
Marcela Figueroa, Executive Secretary of the National System for Public Security, detailed the proposal for a new General Law of the National System for Public Security, replacing the 2009 regulation. The current law was deemed outdated as it presented “overly rigid” coordination mechanisms and focused more on operators rather than the system’s functioning.
The new law aims to clearly establish competencies at all three levels of government, strengthen inter-institutional coordination, and provide a legal basis for the Federal Security Cabinet, enabling replication of its model in states through peace tables.
It also includes the creation of the National Security Public Academy, focusing on training leaders and researchers with a humanistic, ethical, and professional vision.
Reforms to the Guardia Nacional Law and Other Legal Frameworks
The third aspect of the legislative package includes reforms to the Guardia Nacional Law and six other legal frameworks. These modifications define the Guardia Nacional as a permanent public security force with a structure and ranks equivalent to the Army and Air Force, but with specific civil functions under constant ministerial oversight for crime prevention and investigation.
Addressing potential criticisms, President Claudia Sheinbaum defended the constitutionality of Guardia Nacional members being able to request leave to run for public office, reminding that this provision already existed in the 1917 Constitution and has been part of the Mexican Army and Air Force Organic Law since 1986.
Key Questions and Answers
- What is the main focus of the federal security reform package? The primary objectives are to professionalize and consolidate the Guardia Nacional, enhance state intelligence capabilities, and revise legal frameworks governing public security.
- What does the proposed National System for Investigation and Intelligence Law entail? It establishes a regulatory framework for coordinating intelligence-based actions against high-impact crimes, creating a National Intelligence Council under the SSPC and operated by the National Intelligence Center.
- Why is there a need for a new General Law of the National System for Public Security? The existing law is outdated, with rigid coordination mechanisms and an excessive focus on operators rather than system functioning.
- What changes will the Guardia Nacional undergo according to the reforms? The Guardia Nacional will be defined as a permanent public security force with a structure and ranks similar to the Army and Air Force, focusing on civil functions under constant ministerial oversight for crime prevention and investigation.
- Why is the provision allowing Guardia Nacional members to request leave for political candidacy constitutional? This provision has existed since the 1917 Constitution and is part of the Mexican Army and Air Force Organic Law since 1986.
