Congress approves military control of the National Guard; fear grows

After a marathon and heated session lasting nearly 10 hours, the Chamber of Deputies approved the controversial reform that transfers operational and administrative control of the National Guard (GN) to the Ministry of National Defense (SEDENA), consolidating a military shift in the country's public security system.

In one of the most momentous security decisions in recent years, the full Chamber of Deputies has approved the presidential initiative to reform the National Guard Law. With a vote of 351 in favor and 124 against, the ruling party majority finalized the transfer of command of the corporation to the Army, a measure the opposition describes as unconstitutional "militarization" and a serious risk to human rights.

The approval, which came in the context of President Claudia Sheinbaum's birthday, sparked a heated confrontation in the San Lázaro chamber and now moves to the Senate for final ratification, while the Supreme Court of Justice is pending a ruling on a constitutional challenge on the matter.

The Reform Fund: What Changes for the National Guard?

The reform modifies a set of laws so that the National Guard, created in 2019 with a constitutional mandate to be a civilian institution attached to the Secretariat of Security and Citizen Protection (SSPC), is now under the sectoral, operational, and administrative control of SEDENA.

Beyond the change of command, the new legislation grants the National Guard powers that have raised alarm among the opposition and civil society organizations. These include the ability to conduct covert operations, mass internet surveillance, use of fake social media users, and intercept private communications. These powers are the basis for the accusation that a "#SpyLaw" is being created that could violate citizens' privacy without adequate judicial oversight.

Clash in San Lázaro: "Hypocrisy" vs. "Militarization"

The plenary debate reflected the deep polarization surrounding the issue. The opposition, comprised of the PAN, PRI, and Movimiento Ciudadano (Citizen Movement), argued that the reform flagrantly violates Article 21 of the Constitution, which establishes the civilian nature of the National Guard. They accused the majority of subverting the consensus reached in 2019 and handing over public security to the armed forces.

For its part, the ruling party defended the measure as necessary to strengthen the fight against organized crime. In one of the most tense moments, PT deputy Ricardo Mejía Berdeja challenged the opposition.

"They criticize the National Guard by day and beg them by night to protect their municipalities and states. Pure hypocrisy." – Ricardo Mejía Berdeja, PT Representative.

PT representative Lilia Aguilar went further and challenged opposition governors to renounce the presence of the National Guard in their territories if they so disagreed with its structure.

The Shadow of Human Rights: What Do the Numbers Say?

Beyond the political debate, the core of public concern lies in the armed forces' record in public security duties. Official data and data from autonomous organizations paint a troubling picture, which the opposition used to justify its fears.

According to an analysis of complaints filed with the National Human Rights Commission (CNDH), both SEDENA and the National Guard are among the ten authorities most frequently accused of human rights violations.

A comparative study based on the National Survey of the Deprived of Liberty Population (ENPOL) of INEGI reveals an alarming disparity:

* Incommunicado detention: 59% of those detained by the military reported being held incommunicado, compared to 47.5% of those detained by civilian police.

* Physical violence: 54.8% of those detained by military personnel reported being hit or kicked, compared to 39.5% of those detained by civilian police.

These data suggest that the risk of abuse of force and procedural violations is statistically higher when military personnel are involved, a central point in the argument against reform.

National Guard – A Shift in Power and Perception

| Metric / Aspect | Civil Model (Constitutional Mandate 2019) | Military Control (Post-Reform Reality 2025) |

|—|—|—|

| Command Structure | Attached to the Secretariat of Security and Citizen Protection (SSPC), civilian command. | Operational and administrative control of the Secretariat of National Defense (SEDENA). |

| Legal Framework and Doctrine | Civilian character and police doctrine, according to Article 21 of the Constitution. | Military regulation and hierarchy, with personnel mostly from SEDENA and SEMAR. |

| Human Rights Complaints (CNDH 2024) | The goal is to be a community police force that respects human rights. | SEDENA and the National Guard are among the top 10 authorities with the most complaints. |

| Public Trust (INEGI) | Building trust through a citizen policing model. | High trust (77.2% for the National Guard, 84.3% for the Ministry of Education), but with high reports of abuses in arrests. |

| Political Position | Multiparty consensus for a civilian force. | Approved by a ruling party majority; rejected outright by the opposition as "unconstitutional." |

The Road to the Senate and the Court: The Legal Battle Is Just Beginning

With the approval of the Chamber of Deputies, the reform will now be discussed in the Senate, where an equally intense debate is expected. However, the final say on the constitutionality of this transfer of power will not rest with the Legislature.

Currently, the Supreme Court of Justice of the Nation is pending a constitutional challenge (AI 137/2022) filed by the opposition against a previous decree with the same objective. The arguments in this challenge center on the fact that a secondary law cannot contradict the Constitution's explicit mandate regarding the civilian nature of the National Guard. The future of security in Mexico, therefore, will be decided both in the Senate and in the courts.