Victory for migrants in Mexico

Just as you read it, Migrants in Mexico now have Jurisprudence issued by the Supreme Court of Justice of the Nation (SCJN)for which it is not necessary for them to be experts in legal defense, since they Substitution for Deficient Complaint will be applicable.

The Substitution of the Deficient Complaint in a claim for protection, It is a legal figure that seeks that the judge correct the omissions or imperfections only in the acts of which the plaintiff in the amparo trial “grieves”that is to say, only in the concepts of violation or grievances, for not being properly developed or even for being totally or partially missing. With this, in accordance with the Political Constitution of the United Mexican States (CPEUM), the amparo judge has the power to perfect, clarify or complete the complainant’s concepts of violation.

This act is a power granted by the legislator in very specific cases, in which he deemed it necessary to give special protection due to the conditions of vulnerability of certain people, either due to the imbalance between the parties, in the case of workers before the patterns, in some cases in agrarian matters, or in the case of minors acting in the amparo trial. Now, with this Jurisprudence, the SCJN It “expands” the catalog established by law, and interpreting the purpose of the figure, it is granted to migrants who, due to ignorance of the legal order of a country of passage, places them in extreme vulnerability.

Thus the SCJN in a jurisprudencethat is, in a ruling that is the equivalent of a law only for the judges, obliges the protection judges to apply the Substitution due to deficiency in the Claim presented before a court in our country, due to violations of the rights of migrants.

The topic is relevant, since Our country has a large flow of migrants, both regular and irregular. According to data from the Mexican Government, on its transparency portal, during January and February, 6.1 million entries of foreign, of which 70,526 were irregular. However, the Unofficial figures estimate that more than 500,000 people circulate irregularly through our country every year.some with their final destination in the northern country, but many others looking for a final residence in our country.

Therefore, this criterion of mandatory use for Amparo Judges sheds light on migrants regular and irregular. Hopefully the dissemination of this ruling will give civil organizations the option to help so many migrants who suffer from abuse in our country. Let us not forget the case of the migrant detention house of the National Migration Institute in Ciudad Juárez, Chihuahua, where It has been quite an odyssey for the families of the victims to repair the damage.