Mexico’s Senate approved the new National Guard Law on June 30, 2025, sparking alarm over its implications for human rights. The law grants the Defense Ministry (Sedena) sweeping intelligence powers, including intercepting communications and monitoring social media. Critics, like Senator Laura Ballesteros of Movimiento Ciudadano, have dubbed it a “Spy Law,” warning of potential mass surveillance and abuses due to the lack of robust civilian oversight. This could lead to violations of privacy and free speech, threatening the democratic fabric of a nation already grappling with security challenges. The law cements the militarization of public security, defying Article 21 of Mexico’s Constitution, which mandates civilian control over such functions. Opposition parties—PAN, PRI, and Movimiento Ciudadano—condemn the transfer of the National Guard’s operations, administration, and training to Sedena, arguing it dismantles checks and balances. This shift risks entrenching an authoritarian model, with the military wielding unchecked power and little accountability beyond a cursory annual report to the Senate. A particularly contentious provision, Article 42, allows National Guard members to seek elected office while remaining active, a move Senator Claudia Anaya of PRI calls unconstitutional. Critics argue this politicizes the force, undermining its impartiality. The law’s rushed passage without open debate has fueled accusations of opacity, with opponents warning it could face legal challenges in the Supreme Court for breaching constitutional principles. The law sidelines the Ministry of Security and Citizen Protection (SSPC), consolidating power in Sedena without independent audits. This erodes civilian authority over public security and raises concerns about resource mismanagement and potential abuses in a military-dominated system, further straining Mexico’s democratic institutions.
Scenario 1: Erosion of Privacy and Crackdown on Dissent
The law’s implementation could usher in widespread surveillance, with Sedena using its unchecked intelligence powers to target activists, journalists, and political opponents. Without clear limits on communication intercepts or social media monitoring, arbitrary detentions and self-censorship could surge, stifling free expression and entrenching a climate of fear.
Scenario 2: Politicization and Electoral Turmoil
Allowing active National Guard members to run for office risks turning the force into a political tool, with military personnel potentially backing government-aligned campaigns. This could spark electoral disputes, allegations of coercion, and a loss of public trust in democratic processes, deepening Mexico’s political polarization.