Mexico’s first elected Supreme Court faces critical test of independence

Lawyer Interviews

Mexico’s first elected Supreme Court will be seated Monday and observers will be watching closely to see whether it will assert its independence from the governing party that held the country’s first judicial elections.

Just three of its nine justices have any experience on the high court, the rest are new, including the court’s president Hugo Aguilar, a lawyer who spent his career defending Indigenous rights.

The idea of judicial elections came from Mexico’s former President Andrés Manuel López Obrador, who frequently clashed with judges who challenged his agenda. He said judges elected by the people would be more accountable and less corrupt. Critics said electing judges risked politicizing the judiciary.

The election was supposed to be nonpartisan, but there were instances of voting pamphlets being distributed that identified candidates linked to the governing party. Many voters were simply overwhelmed by the 7,700 candidates vying for more than 2,600 judicial positions.

The Supreme Court, however, will receive special attention. It had been a counterweight at times to the popular López Obrador, whose Morena party also now holds majorities in both chambers of Congress.

It’s an issue that has brought broad international criticism to Mexico. López Obrador expanded the crimes for which someone is automatically jailed pending trial, including for some nonviolent crimes. The policy appears to violate international treaties which Mexico has signed.

The U.N. High Commissioner for Human Rights Office and the Inter-American Court on Human Rights are among the bodies that have called for Mexico to repeal the policy.

The Mexican government says that it is a necessary tool to take on criminal activity and to protect judges.

But in a country where cases can drag on for years without a trial reaching a conclusion and only one in five of those charged are convicted, critics say the policy violates their rights. Four of every 10 people in Mexican prisons had not been convicted in 2023, according to the Federal and State Penitentiary Systems census.

The previous court declined to take it up in its final days.

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USCIS Adjusting Premium Processing Fee

U.S. Citizenship and Immigration Services (USCIS) announced today it is adjusting the premium processing fee for Form I-129, Petition for a Nonimmigrant Worker and Form I-140, Immigrant Petition for Alien Workers beginning on Oct. 1, 2018 to more effectively adjudicate petitions and maintain effective service to petitioners.

The premium processing fee will increase to $1,410, a 14.92 percent increase (after rounding) from the current fee of $1,225. This increase, which is done in accordance with the Immigration and Nationality Act, represents the percentage change in inflation since the fee was last increased in 2010 based on the Consumer Price Index for all Urban Consumers.

“Because premium processing fees have not been adjusted since 2010, our ability to improve the adjudications and service processes for all petitioners has been hindered as we’ve experienced significantly higher demand for immigration benefits. Ultimately, adjusting the premium processing fee will allow us to continue making necessary investments in staff and technology to administer various immigration benefit requests more effectively and efficiently,” said Chief Financial Officer Joseph Moore. “USCIS will continue adjudicating all petitions on a case-by-case basis to determine if they meet all standards required under applicable law, policies, and regulations.”

Premium processing is an optional service that is currently authorized for certain petitioners filing Forms I-129 or I-140. The system allows petitioners to request 15-day processing of certain employment-based immigration benefit requests if they pay an extra fee. The premium processing fee is paid in addition to the base filing fee and any other applicable fees, which cannot be waived.