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This South American country will be able to reaffirm principles related to the right to migrate, non-discrimination, and non-criminalization.
President Alberto Fernandez on Friday repealed a decree that restricted entries and stays of foreigners in Argentina. Heavily criticized for its legal effects, the provision was enacted in 2017 by then-President Mauricio Macri (2015-2019).
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In the repealing text of that norm, Fernandez noted that the migratory measures adopted by the Macri administration "result irreconcilable with both the national Constitution and the international system for the protection of human rights."
The 2017 decree contains elements that violate legal principles related to due process, the right to legal assistance, duly justified detention, and family reunification rights. It also restricted the capacity of the Judiciary to control the acts of administrative authorities.
The Center for Legal and Social Studies (CELS) explained that the repeal of the decree eliminates contradictions in the Argentine legal framework.
Bolivians in Argentina are overwhelmingly working class and pushed out during the neoliberal period, when over 2/3rds of Bolivians lived below the poverty line (as late as 2005). Evo himself lived for a short period there, selling ice creams as a child. pic.twitter.com/VAx1HD4lGK
— Ollie Vargas (@OVargas52) January 22, 2020
This South American country will be able to reaffirm the principles of its Migration Law related to the right to migrate, migration regularization, non-discrimination, non-criminalization, and due process in all procedures.
CELS recalled that the Macri administration violated those norms given that its decree allowed the "express" detention and deportation of migrants who were subject to any type of criminal proceedings even if they had not been convicted.
"That rule even affected foreigners with permanent residency. It was applied without considering their years of residence and social ties," CELS pointed out.
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