Given the increase in deaths of Mexican migrants in the custody of immigration authorities in the United States, the Mexican government decided to participate in judicial processess like “friend of the court”a moral figure known as Amicus Curiaewith the aim of providing relevant information to the judges.
According to Millenniumthis strategy is part of the legal and diplomatic channel that Mexico uses to defend its fellow citizens in United States territory, and has a history in which it has had an impact on judicial decisions.
Mexican government joins lawsuit against ICE
With a total of 15 Mexican migrants died in ICE custodythree of them in the Adelanto detention center, California, the president’s administration Claudia Sheinbaum chose to intervene in a lawsuit related to these cases.
On March 30, the Mexican government announced its formal incorporation as “friend of the court” in the face of what he described as an alarming and unacceptable trend of deaths. At that time, there were 14 dead compatriots.
Mexico’s participation consists of presenting additional information that contributes to strengthening the demand focused on the three cases that occurred in Advancement.
Specialists highlight the impact of moral recourse
The former legal advisor of the chancellery, Alejandro Celorioexplained to the media that this type of interventions have weight within the American judicial system.
He pointed out that the writings of “friend of the court” can influence both trial courts and appellate courts and even in the Supreme Courtrepresenting the official position of the Mexican government on its fellow citizens.
For his part, the former Mexican ambassador to the UN between 2016 and 2019, Juan José Gómezconsidered that the country has a moral and necessary obligation to defend its citizens abroad through all available mechanisms.
He added that this type of documents can be persuasive to judges by providing context, data and information that contributes to a resolution.
Background: SB 1070 law in Arizona
Mexico has already used this moral tool in previous cases, such as in 2010, when it intervened against the law Arizona SB 1070which allowed local authorities to detain people under “reasonable suspicion” of their immigration status.
At that time, Mexico filed an appeal for Amicus Curiae to support the government’s demand for Barack Obama against said legislation.
The Mexican Foreign Ministry argued that immigration regulation corresponded exclusively to the federal government of the United States and denounced that the law promoted racial profilingmade consular work difficult and criminalized migrants.
The resource had the support of countries such as Argentina, Brazil, Chile, Colombia, Costa Rica, El Salvador, Guatemala, Honduras, Nicaragua, Panama, Paraguay and Peru.
As a result, aspects such as the criminalization of undocumented workers and arrests without a court order for suspicion of deportability, although one of the points related to detentions under racial profiling was maintained, with reservations.
Scope of the Amicus Curiae in judicial processes
According to Celorio, although These writings are not decisive to win a trialdo provide additional weight to the process by allowing the judge to consider broader implications, such as the impact on foreign policy or the international image of the United States.
Likewise, he suggested that Mexico could seek the support of other countries to strengthen its position, as occurred in the case of Arizona.
The former representative to the UN agreed that the Amicus Curiae is not a minor document, but rather a formal tool within the judicial process that can influence decision-making.
Keep reading:
- Sheinbaum calls out the US for not clarifying the deaths of Mexicans in ICE custody
- Mexico confirms death of another Mexican in ICE custody
- ICE detained a migrant at a US airport when he tried to self-deport to Mexico
- Mexico demands to investigate the death of a countryman detained by ICE
- Mexico denounces that 13 nationals died in ICE custody, demands justice
- Mexican immigrant pleads guilty to impersonating Border Patrol agent