The first room of the Supreme Court of Justice of the Nation (SCJN) considered “unconstitutional” the documentation review procedure outside the international crossing points provided for in the migration law as it is discriminatory and violates the rights of free transit.
The ruling comes at a time when the arrests of undocumented migrants are multiplying, whose transit through Mexico has intensified due to the expectation that restrictions will be lifted to cross into the United States and seek asylum.
The magistrates argue that this procedure is illegal since there are no “objective parameters” to distinguish “between nationals and foreigners” and it mainly affects indigenous and Afro-Mexican communities.
However, the highest court considered constitutional the powers of the immigration authorities “to request documents from foreigners in order to prove their legal entry, stay and departure from the country.”
He also confirmed that the undocumented migrants be made available to immigration authorities.
This ruling occurred after three indigenous people from the Mexican state of Chiapas demanded compensation after being detained in 2015 by immigration agents who claimed they were foreigners during the inspection of a passenger bus in the state of Querétaro.
the mexican government detained in 2021 detained 307,679 people without papers and has reinforced the presence of immigration agents and national guards to stop the passage of migrants, which forces them to travel clandestinely, in subhuman conditions and facing different risks.
This week the lifeless bodies of five people, three of them from Honduras, were located inside a train car in the border city of Piedras Negras.
On December 9, a trailer carrying 160 irregular migrants crashed into a pedestrian bridge on a highway in Chiapas, leaving 56 dead.
The number of people trying to reach the United States increased with the arrival of Democrat Joe Biden to the White House in January 2021.
The flow could increase if the call is finally lifted title 42adopted by the Covid-19 pandemic and which allows almost all irregular migrants to be expelled.
The White House announced that these restrictions would come to an end on Monday, but different states disagreed and are waiting for a judge to rule.
