Jessica Xanthomilla
Newspaper La Jornada
Sunday June 5, 2022, p. 8
The resolution of the First Chamber of the Supreme Court of Justice of the Nation (SCJN) that the migratory review in places other than international transit is unconstitutional is a precedent to guarantee the right to free transit and eliminate the practices of arrests by profiling racial, as well as other abuses of authority, affirmed the Institute for Women in Migration (Imumi).
Gretchen Kuhner, director of the organization, pointed out that these revisions take place every day in the country and are one of the factors by which migrants are forced to seek more dangerous means of transit.
When you have immigration checks at any point, from the southern to the northern border, people who have already entered Mexico irregularly cannot get on a bus and move because they do not know when an authority will also board. This causes them to pay smugglers, coyotes and traffickers
he expressed.
On May 18, the First Chamber of the SCJN ruled that the migratory review procedure provided for in the Migration Law is unconstitutional because it is contrary to the rights of free movement and transit within the national territory, as well as those of equality and not discrimination, because it is over-inclusive, by not distinguishing between nationals and foreigners, in addition to generating differentiated impacts on indigenous and Afro-Mexican communities
.
Kuhner pointed out that it is a precedent in the sense that the Judiciary at all levels in Mexico has to follow the ruling
since, he explained, if a person in a context of mobility is detained in an immigration review on a bus that circulates in national territory, he can file an amparo, and the judge would have to say that they have to release him because such revisions are unconstitutional
.
He indicated that they are waiting for the expansion of the Court’s provision to be disseminated.
