Mexican Deputies Approve Amparo Law Reform, Removing Controversial Retroactivity Clause

Mexican Deputies Pass Amparo Law Reform

Mexico's Chamber of Deputies has approved a reform to the country's Law of Amparo, a fundamental legal instrument designed to protect citizens from governmental abuses. The approval came on October 14, 2025, following its earlier passage by the Senate on October 1 or 2, 2025. The initiative, championed by President Claudia Sheinbaum, aims to prevent the 'abuse' of the Amparo provision and ensure 'swift justice' within the legal system.

The reform introduces several key changes, including a significant amendment requested by President Sheinbaum, which has been met with both support and controversy.

Key Provisions of the Reform

The reform introduces substantial modifications to the Amparo Law, focusing on streamlining judicial processes and redefining the scope of protection. Key aspects include:

• Relativity Principle: The reform reinforces the principle that Amparo judgments will primarily benefit only the individuals who directly request constitutional protection. This means that rulings will not have 'general effects,' even if a norm is declared unconstitutional for the plaintiff.
• Limitations on Suspensions: Federal judges are now restricted from halting a law's enforcement for the general population while its constitutionality is under review. Provisional suspensions, which previously allowed for the temporary cessation of an allegedly abusive act, will see expanded scenarios where they will not proceed, such as in cases of pretrial detention and blocked bank accounts.
• Procedural Efficiency: The reform seeks to make Amparo trials 'more agile and simple with clear rules.' It also incorporates 'digital Amparo trials' with full legal validity.
• Deadlines: New provisions establish maximum deadlines for rulings, such as six months for tax matters and four months for criminal offenses not exceeding two years in prison, or one year for longer sentences.
• Victim Status: The reform broadens access to justice for victims of crimes by granting them the status of complainants.

The Retroactivity Clause Controversy

A central point of contention surrounding the reform was a clause initially approved by the Senate that would have allowed its provisions to be applied retroactively to ongoing cases. This aspect drew strong criticism, with opponents arguing it violated the Mexican Constitution, which prohibits the retroactive application of laws to the detriment of any person.

President Claudia Sheinbaum publicly rejected the retroactivity clause, stating, 'We submitted an initiative that did not include the addition made by the Senate. First, the Constitution must be respected. It clearly establishes that laws cannot be retroactive.' Her stance was echoed by Justice Hugo Aguilar Ortiz, President of Mexico's Supreme Court, who also called for adjustments to prevent retroactive application. Ultimately, the Chamber of Deputies, during its approval on October 14, 2025, removed this controversial transitional article from the draft.

Reactions and Implications

The reform has elicited mixed reactions across Mexico's political and legal landscape. Proponents, including President Sheinbaum and her MORENA party, argue that the changes are necessary to prevent the 'excessive use' of Amparo and to ensure 'unrestricted respect to the separation of powers.' They contend that the previous system allowed companies to file numerous injunctions to avoid obligations, delaying justice for years.

However, critics, including opposition parties like PAN and Movimiento Ciudadano, as well as human rights organizations and legal experts, have voiced significant concerns. They argue that limiting the general effects of Amparo rulings and restricting provisional suspensions could weaken a vital tool for protecting human rights and access to justice. Some have described the move as a 'clear setback' and a 'pro-authority reform,' potentially leading to a 'democratic regression' by imbalancing the distribution of power between citizens and the government.