03/05/2021 7:18 AM
Clarín.com
Politics
Updated 03/05/2021 7:39 AM
The national government repealed this Friday the decree of the management of Mauricio Macri that had modified the Immigration Law to establish
greater controls on the entry of foreigners with criminal records and
expedite the process of expulsion of immigrants who commit crimes in the country.
It did so through a decree signed by President Alberto Fernández and all his ministers.
Changes to immigration policy had been established in 2017 when Macri signed Decree 70/2017 that created a "very summary special immigration procedure" with the aim of denying entry and expelling foreign criminals with greater agility.
At that time, the macrista management had argued that the measure was based on the fact that each State has "the sovereign prerogative to decide the criteria for admission and expulsion of non-nationals" and responded to
"the duration of administrative and judicial processes"
thus such as the increase in foreigners in Argentine prisons. As it was said, in addition, people of foreign nationality in the custody of the Penitentiary Service, which in 2016 reached 21.3% of the total prison population, a figure that rose to 33% among detainees for drug trafficking.
Now, through decree 138/2021, the Government eliminated the tightening of the controls set by the macrismo because, according to the arguments, the changes in the Migration Law "are
irreconcilable" with the National Constitution
and with the international system. protection of human rights, "among which it is worth mentioning the violation of the principle of due process, the right to have legal assistance and defense, the restriction of a broad and sufficient control of the judicial power over the acts of the administrative authority, the extent to which the preventive retention of the migrant is envisaged without defining the causes that enable it and the restriction of the rights of family reunification and dispensation for humanitarian reasons ”.
Alberto Fernández had questioned Macri's decree as soon as he assumed the Presidency.
In addition, the DNU signed by Fernández assures that the measure taken by Cambiemos did not generate "measurable improvements" and that, on the contrary, "
litigation in immigration matters was exponentially aggravated"
since its entry into force.
According to the DNU, Alberto Fernández's decision is based on the "concern" expressed by different international organizations, which had requested the repeal of the Macri decree, such as the Committee for the Protection of the Rights of All Migrant Workers and Their Families , the Committee on the Rights of the Child and the Committee against Torture, all of them from the United Nations.
“The Inter-American Court of Human Rights has been emphatic in relation to the protection of migrants, pointing out that States must respect their human rights and guarantee their exercise and enjoyment to all persons under their jurisdiction, without any discrimination on the basis of their regular or irregular stay, nationality, race, gender or any other cause;
there are limits to the application of immigration policies that impose strict adherence to the guarantees of due process and respect for human dignity, whatever the legal status of the migrant, "says the Government in the DNU published this Friday in the Official Gazette.
Likewise, he mentioned that this body also stated that “the protection of human rights requires that the state acts that fundamentally affect them are not left to the discretion of the public power, but rather that they be surrounded by a set of guarantees aimed at ensuring that violate the inviolable attributes of the person, among which, perhaps the most relevant must be that the limitations are established by a law adopted by the Legislative Power, in accordance with the provisions of the Constitution of the respective country ”.
In the same decree, the Government ordered the creation of an Advisory Commission on Migration Policy to discuss and promote ideas for the modification of the Migration Law.
At the beginning of his mandate, in January 2020, Fernández had anticipated that he was evaluating repealing the macrismo decree that imposed greater immigration restrictions.
"Argentina already has a regime before Macri says anything, which indicates that when a foreigner is convicted he is liable to expulsion.
What Macri did was authorize expulsions without convictions and this seems very dangerous because it can turn into an act of persecution against some population, "said the president at that time.
JPE
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