A little more than 24 hours after the promulgation in the Official Gazette and the entry into force in the national territory of the new Migration Law, 60 people were redirected from Chile to Bolivia, an act that differs from expulsion depending on whether there is a permit to residence or not. Learn about this and other features of the new standard on migration.
Last Saturday, February 12, the new Immigration and Immigration Lawa regulation whose purpose is to regulate the entry, stay, residence and expulsion of foreigners from Chile.
It should be remembered that the Government of Sebastián Piñera reintroduced the document of the Migrants Law before the Comptroller General of the Republic to correct some observations made by the comptroller entity.
What does the new Immigration Law say?
The new one Migration Law say what “it is the duty of the State to promote regular and orderly migrationaimed at foreigners having the authorizations and residence or permanence permits necessary for their stay in the country.
Similarly, the State must encourage safe migration and “prevent, suppress and punish the smuggling of migrants and trafficking in persons. It will also ensure the prosecution of those who commit these crimes, says the law.
On the other hand, the norm establishes the obligation on the part of the State to inform correctly and actively, “rights and duties, requirements and procedures for admission, stay and exit from the country”, of foreigners who arrive on national soil.
The entry of people to the national territory and their exit must be carried out through authorized steps, with suitable travel documents and provided that there are no legal prohibitions explains the new migration law.
In what cases can a foreigner be expelled according to the new migration law?
According to article 134, they can be expelled foreigners holding a temporary stay permit and those who lack a permit that enables them to remain validly in the country. As long as:
Enter the country despite having a cause that prohibits their entry. Incur during their stay in the country in any of the causes of article 32 of Law No. 21,325, with the exception of the one indicated in number 2 of said article.
They are in Chile despite having expired their transitory stay permit. For the reason of repeating the conduct of carrying out remunerated activities without having authorization or being authorized to do so.
Make false statements, adulteration or forgery in any kind of document when carrying out any procedure before the Chilean authorities or to obtain an immigration benefit for himself or for a third party.
Expulsions of foreigners with a residence permit
For foreigners with holder of residence permit in Chilethe expulsion would run in case “they have been convicted, are prosecuted, imputed, accused or judicially persecuted abroad, for belonging to or financing terrorist movements or groups or are registered with the International Criminal Police Organization (Interpol) , or the organization that replaces or succeeds it due to any of the facts indicated above”.
And “those people who carry out or have carried out acts that Chilean law classifies as a crime against foreign security, national sovereignty or internal security” will be expelled.
In addition, being in Chile despite having expired your residence permit without having requested its renewal within a period of nine months from said expiration.
Finally, the rule states that the expulsions must be evaluated individually and that it will not punish an entire family group.
What is the redirection of foreigners according to the new migration law?
This Sunday, 24 hours after the implementation of the new Migration Law, 60 people were “redirected” from Chile to Bolivia.
Article 152 of the new Immigration Law orders that the foreigner who enters the country while the resolution that ordered his expulsion, abandonment or prohibition of entry into the national territory is in force, will be re-embarked immediately or returned to his country of origin or provenance. in the shortest time.
Then, article 153 orders that “the foreigner who is surprised by the authority entering the national territory eluding immigration control, whether by steps enabled or not. and who try to enter the national territory using forged documentsadulterated or issued in the name of another person.