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Sebastián Incháustegui, Attorney at Law from Universidad Panamericana | Wilson Center

Wilson Center attorney on Mexico: ‘Organized crime and violence are at an all-time high’

Sebastián Incháustegui, an Attorney at Law from Universidad Panamericana, has expressed concerns about the current state of cartel violence in Mexico. He attributes this escalation to a recent constitutional amendment that he believes could potentially empower cartels within the country's judicial system. Incháustegui published his commentary on September 19.

"Meanwhile, organized crime and violence are at an all-time high," said Incháustegui. "Just this week, a significant city in the north of the country has been in a constant state of emergency and shock due to the open conflict between two of the country's biggest cartels. AMLO's security strategy has been heavily criticized as his hugs, not bullets policy (or lack thereof) has resulted in shameful results. Allowing a growing unease about his relationship with Joaquín “Chapo” Guzmán began with his odd and controverted visit to Badiguarato (where Chapo is from)."

According to Incháustegui, former President Andrés Manuel López Obrador (AMLO) pushed through a constitutional amendment that dismantles the Consejo de la Judicatura Federal (CJF), a body previously responsible for ensuring the judiciary's independence. Now, judges and their supervisors will be directly overseen by the executive and legislative branches. "This significantly affected the core values of the constitutional design of the Mexican republic and offset the power balance, which allowed the Court to become the firmest check on AMLO’s presidentialist tendencies," he said.

The amendment coincides with a period where Mexican drug cartels are gaining power and influence amid ongoing conflicts between top cartels. With AMLO's judiciary reform enabling direct election of judges, there are concerns about potential cartel influence in judicial appointments, potentially allowing organized crime to exert greater control over legal outcomes. Additionally, Genaro García Luna, a former security official, has accused AMLO's administration of collaborating with cartels.

Geopolitical strategist Peter Zeihan noted that in-fighting within the Sinaloa Cartel is escalating and could spread across Mexico and into the United States. According to Straight Arrow News, recent violence in Sinaloa state has resulted in at least 70 deaths, primarily in Culiacán, involving clashes between cartel members and police. "The fighting is currently the worst in Sinaloa state but is expected to spread throughout Mexico and even spill into the U.S.," Zeihan said.

Incháustegui is also a Juris Doctor candidate at Columbia University in New York, as reported by the Wilson Center.