Immigration changes: Health, Education, Deportation

[nikad]

El Gobierno anunció su reforma migratoria, que incluirá más requisitos para la residencia a extranjeros y deportación exprés

El vocero presidencial, Manuel Adorni, comunicó la medida esta mañana. En los próximos días se publicará un DNU en el Boletín Oficial

www.infobae.com

According to the presidential spokesperson, the new immigration reform will include the following points:

• Anyone with a criminal conviction who tries to enter Argentina will be denied entry.
• Those caught in the act crossing unauthorized entry points will be immediately expelled.
• Any person who provides false information upon entry will be expelled.
• All foreign nationals convicted of any crime will be deported.
• The time frame for appealing a deportation will be shortened.
• Illegal immigrants and temporary or transitory residents will be required to pay for healthcare services.
• Anyone entering Argentina must present proof of health insurance.
• Universities will be authorized to charge for educational services if they choose to do so.
• Requirements for obtaining permanent residency and citizenship will become stricter; citizenship will only be granted to those who have continuously resided in Argentina for two years without leaving the country.
• Individuals who remain in the country irregularly will not be eligible for citizenship.

 

[Quilombo]

Typical right wing bullshit; if you look at the government's own metrics, the prison population is 94% gente de un país con buena gente (Argentines), 4% from other neighboring countries + Peru, and a whopping 2% are real foreigners, i.e. non-latinos/people from 3rd countries for which there isn't a freedom of movement agreement. Of all the problems Argentina has, this isn't one of them.

As to the other points, well, good luck, and I'll expand on why:

No convicted foreigner will be allowed to enter the country: and how are you going to verify this? Is Argentina going to enter into data sharing provision with the 192 other UN member states? I doubt it, and Migraciones isn't known for being very efficient... this is akin to the US asking visa applicants if they're terrorists, obviously a terrorist is going to tell the truth, just like someone who is convicted of a crime is going to always answer honestly.

Transient, temporary, and irregular residents to pay for health services: Good luck with this; the constitution and the courts have already ruled that universal public healthcare, like education, is a right afforded to everyone within the territory of the Republic regardless of their migratory status.

"Libertarians" like Milei and Bullrich love to talk about "Ley y Orden" but they refuse to both practice what they preach, and understand or follow the laws of Argentina. They bitched about the Ks using DNUs for everything, and they're just as bad, and if you want to strip migratory rights and health care rights for people you can, but you must do so legally by changing both Argentina's migratory laws via Congress, and rewriting the constitution, not via DNU.

 

[antipodean]

Sounds like the policies of any other "normal" country. How they will be applied in practice... it is still Argentina, where apparently the law says there are speed limits and drivers must give way to pedestrians, the fines and consequences still depend on luck.

Try going to Australia or the USA with a criminal record... (applied in practice in many cases thanks to voluntary bilateral agreements that contain data sharing between certain countries so their citizens can travel more "freely" to such countries) Likewise try visiting the EU, Cuba or the UK without travel health insurance... and failing that try crossing into the UAE, China, Venezuela or Iran through an unauthorised entry point and expecting to regularise your situation afterwards... or telling a Norwegian immigration officer you're there on tourism when carrying 80kgs of personal household goods in your baggage and without as much as hotel reservation. Right wing or left wing, authoritarian or libertarian, most countries and governments already long since have such policies.

I think it would be a bit arrogant and cringe-worthy if some more "colonial-minded" expats took humbridge at Argentina applying these rules when their own countries have long since applied the same or stricter rules towards Argentines wanting to enter their own country.

 

[Quilombo]

Also:

Those entering Argentina must present medical insurance: Enjoy 4 hour lines at Migraciones with this. It's Argentine's right to have entrance requirements, but doing to will drastically reduce inbound tourism, especially when basically every other caja at EZE/AEP is closed.

The requirements for obtaining permanent residence and citizenship will be stricter, and will only be granted to those who reside continuously in Argentina for two years without leaving the national territory. This will no doubt get thrown out by the courts. I guess if you want to live here or be Argentine you better hope family/friends don't die while you're waiting? And if you need to travel for work TS? This will surely bring the best and brightest to Argentina...

Those who remain illegally will not be able to obtain citizenship: Good luck; the courts once again have already ruled that this isn't a barrier to citizenship.

The cycle of Make up Problems ---> Propose Illegal DNU ---> Amparo granted/ruled illegal ---> Rail against "Caste" Judges, etc. continues.

Anyways, very glad I naturalized when I did because we have a group of people looking to violate the constitution at the drop of a hat. While I may be looking to leave Argentina for now, I do want to retain the right to return to a post, more sane Milei/Bullrich free country if it ever comes.

 

[steveinbsas]

The requirements for obtaining permanent residence and citizenship will be stricter, and will only be granted to those who reside continuously in Argentina for two years without leaving the national territory.

This will no doubt get thrown out by the courts. I guess if you want to live here or be Argentine you better hope family/friends don't die while you're waiting?

If the two years continuous presence in Argentina actually becomes a requirement for retirees seeking permanent residency, they also better hope that they don't have to return to thier home country for medical treatment themselves, regardless of what might happen to any of their family or friends.

For example,a retired US citizen with temporary residency in Argentina who has Medicare coverage (which provides no services outside of the USA), would lose the 'opportunity^ to obtain permanent residency by leaving for up to just under six months (which is presently an acceptabe condition of temporary residency)...

It would also mean that anyone who has temporary residency and hopes to become a permanent resident in Argentina would not be able to leave the country for even one day.

 

[Alby]

Again, lets not freak people out with speculation that has no basis. Nothing Adorni said at the announcement and nothing written in the comunique indicates that the 2 years permanent presence will also apply to permanent residency applications.

 

[AgeOfEmpires]

Also:

Those who remain illegally will not be able to obtain citizenship: Good luck; the courts once again have already ruled that this isn't a barrier to citizenship.

Do you know If I enter on a tourist visa and stay here for 2 years can I apply for some kind of legal permanent residency ?

 

[mageesa]

What legal force does a 'decree' like this have? I read in one forum that these changes would need Congressional approval, which is unlikely with the LLA numbers in Congress (and even if they did well in midterms, there aren't enough open seats in the Senate to give a majority).

Two years without setting foot outside the country is a big ask. Even in the USA, when a legal resident is seeking citizenship, "An applicant who has not been absent from the United States for any single period of greater than 6 months during the statutory period is neither considered nor presumed to have broken the continuity of his or her residence. However, there are circumstances in which an applicant who has multiple absences of less than 6 months each during the statutory period may nevertheless have broken the continuity of his or her residence even though the presumption does not apply."

(before people pile on saying it's only fair for Argentina to impose strict standards, because other countries do)

 

[Alby]

Do you know If I enter on a tourist visa and stay here for 2 years can I apply for some kind of legal permanent residency ?

No, you cannot. There are plenty of paths to permanent residency, but the one you mention does not exist.

 

[Alby]

Even in the USA, when a legal resident is seeking citizenship, "An applicant who has not been absent from the United States for any single period of greater than 6 months during the statutory period is neither considered nor presumed to have broken the continuity of his or her residence. However, there are circumstances in which an applicant who has multiple absences of less than 6 months each during the statutory period may nevertheless have broken the continuity of his or her residence even though the presumption does not apply."

Is that really still the case, though? According to Jaime (admittedly using examples he read about in a comic strip called The New York Times), border officials are denying re-entry to the US even to permanent residents (and canceling their permanent residence) if those permanent residents set foot outside the US without having remained inside its border for two straight years after the granting of permanent residence.