The Secretariat of Security and Citizen Protection (SSPC) now centralizes federal public security policy. Its legal framework precisely defines its origins, its powers, and the extent of its authority in cities and on highways.
The Secretariat of Security and Citizen Protection is a federal agency created as part of the reconfiguration of the public security model in Mexico.
Its legal origin dates back to December 2018, when the Congress of the Union approved reforms to the Organic Law of the Federal Public Administration, separating security functions from the Ministry of the Interior and granting them the status of a cabinet-level ministry.
With this reform, the SSPC was formally integrated into the presidential cabinet, with the responsibility of designing, coordinating, and implementing the national public security policy.
Its actions are primarily based on Article 21 of the Constitution, which establishes that public security is a function of the State and must be governed by the principles of legality, objectivity, efficiency, professionalism, and respect for human rights. The legal framework was strengthened in 2019 with the creation of the National Guard, through a constitutional reform and the enactment of its implementing law. This force was attached to the SSPC (Secretariat of Security and Citizen Protection) as a federal operational body, with a presence on highways, in rural areas, and, under certain conditions, in urban areas. Simultaneously, agencies such as the National Intelligence Center and the Federal Protection Service were integrated under the Secretariat’s command.
On federal highways, the SSPC, primarily through the National Guard, has full authority to establish checkpoints and inspection points.
These actions are supported by the Constitution, the National Guard Law, and the Federal Roads, Bridges, and Motor Transport Law.
These operations allow for the administrative inspection of vehicles, the request for documents, the identification of individuals, and the consultation of official databases, always without searches or physical inspections, except in cases of flagrant offenses, with a court order, or with consent.
In urban areas, the legal framework imposes clear limits. The SSPC (Secretariat of Security and Citizen Protection) does not replace municipal or state police forces, and therefore cannot unilaterally establish checkpoints within cities.
Its intervention is only legal when there is formal coordination with local authorities, an express request from the state or municipal government, a joint operation, or a duly justified cause based on national security or extraordinary circumstances.
The legislation also prohibits abusive practices. Checkpoints cannot be used for revenue collection, nor should they result in arbitrary arrests or unlawful body or vehicle searches.
Any excesses can be reported to internal oversight bodies, prosecutors’ offices, or human rights commissions.
Thus, the SSPC’s legal framework was designed to centralize the federal security strategy, but with defined limits. On highways, its presence is direct and legal. In cities, its actions are subject to conditions. The objective, at least on paper, is to maintain a balance between public safety and civil liberties.
Source: tremendalacosa
