What does the reform aim to change? Key points of the proposal
The government of President Claudia Sheinbaum has presented a comprehensive reform to the Amparo Law and other key secondary laws to the Senate, with the goal of expediting justice and curbing the misuse of this legal resource. The reform, part of a second set of laws stemming from the constitutional reform to the judicial power, targets the heart of citizens’ defense mechanisms against acts of authority: the amparo lawsuit.
1. Curbing account unfreezing for “money laundering”:
- According to the proposal, between December 2018 and August 2025, accounts have been unfrozen through amparo lawsuits amounting to 27,000 million pesos, which accounts for 54.4% of the total amount blocked by the UIF during that period.
The reform proposes that provisional suspension should never apply in these cases. However, an individual can still obtain a definitive suspension if they can prove the legitimate origin of their resources to a judge.
2. Accelerating tax collection:
The reform aims to end the practice of filing “one amparo over another” to indefinitely postpone payment of tax debts, a process that can extend over 20 years according to authorities. The idea is to focus defense efforts on a single amparo against the final act rather than using it to delay each step in the tax collection process.
3. Digital modernization and justice:
The proposal integrates technological tools to establish a “truly digital amparo trial” with full legal validity, without eliminating traditional document-based procedures. It also sets clear timeframes, such as a maximum of six months for resolving summary tax cases.
The Controversy: Open Parliament or “Fast Track”?
The processing method of the reform has sparked conflicting views in the Senate.
On one hand, the president of the Chamber, Laura Itzel Castillo Juárez, insists that “it is urgent to materialize” the initiative as it forms the “legal framework” for the new judicial power. She argues that there has been no consideration of an Open Parliament, stating that the project is already a result of prior consultations and represents “the sentiment of the population.”
On the other hand, Senator Javier Corral Jurado, president of the Justice Commission, believes a consultation mechanism with experts is necessary, “call it what you will.”
Corral expressed concern that the amparo is the “most important instrument for human rights protection” and that opening the discussion enhances projects. One of his main worries is the modification of “legitimate interest,” fearing it may restrict access to justice for vulnerable groups or in collective rights defense, such as environmental ones.
In response, the Mexican government, through Arturo Zaldívar, General Coordinator of Policy and Government, stated that the reform does not limit this figure but rather clarifies its elements based on existing Supreme Court jurisprudence to facilitate its application.
Political Controversies
The technical debate was overshadowed by the appearance of amparo lawsuits filed on behalf of the children of former President Andrés Manuel López Obrador, who denied promoting them. Zaldívar described this as an “abusive, interested use” for political attacks.
President Sheinbaum suggested that this case exemplifies amparo misuse and that incorporating this topic into the legislative discussion is worthwhile to better define when a person can amparo another.
Key Questions and Answers
- What is the main objective of Sheinbaum’s Amparo Law reform? The primary goal is to expedite justice and prevent the misuse of amparo lawsuits.
- Which laws are affected by this reform? The Amparo Law and other key secondary laws, including the National Criminal Procedures Code, the Federal Anti-Organized Crime Law, the Federal Fiscal Code, and others.
- What are the main areas of change in the reform? The significant changes focus on curbing account unfreezing for money laundering, accelerating tax collection, and digital modernization of the amparo process.
- Why is there controversy surrounding the reform? The conflict lies in the processing method of the reform, with concerns about potential restrictions on access to justice for vulnerable groups and abusive use of amparo lawsuits.
