Here is an instant google translation of the link provided by Dr. Rubilar:
The national government will modify the migration laws 25,871 and of nationality 346 by means of a decree of necessity and urgency. The DNU project that we accede to changes the paradigm of the current law: it expands the causes that allow the detention and expulsion of irregular migrants; Enables the review of all the radications granted to those who have a criminal record or conviction, regardless of the type of crime or its procedural situation; Modifies the procedures of expulsion so that they are immediate, without judicial control nor an adequate legal defense; Eliminates family unity and rooting as conditions that prevent expulsion.
The proposal also seeks to change access to Argentine nationality: rather than requiring the applicant to prove more than two years of residence in the country, he proposes that the request be evaluated by a federal judge once it is shown that that residence is " legal". In this way reinstates the criterion that had established the last civil-military dictatorship and that was modified by the government of Raul Alfonsín.
The text is a regression for the rights of migrants. Its effect will be the implementation of a powerful tool of social control by outside the law. Poor migrants will be exposed to more fragility: precarious jobs, harassment of the security forces, lower school enrollment and access to the health system in the face of the constant threat of capture by the criminal justice system.
A migrant person - whether he has a regular residence or not - who survives from the street sale can be prosecuted, for example, for his economic activity or for resisting eviction on public roads. Judges and prosecutors will have the obligation to notify the National Immigration Directorate of the existence of criminal cases in which a migrant is identified as responsible, which will trigger the initiation of expulsion proceedings or review of residencies already granted. With the sole prosecution for any crime that provides for deprivation of liberty may be expelled from the country, with little chance of defending itself in the immigration process.
If the government decides to move forward with this reform, bypassing again Congress will be giving serious signals: it will restrict human rights without any parliamentary control and will establish a migratory policy contrary to the international commitments assumed. In addition, it will do so by a route contrary to the Constitution, since it will regulate on prohibited matter to legislate by DNU and without the required requirements. As has already happened, this shows a clear democratic deficit.
The Committee on the Elimination of Racial Discrimination (CERD), which had concluded in 2004 and in 2010 the Argentine immigration legislation, asked the government on December 9 of last year not to adopt any measures that would represent a setback against the framework Normative in force. The committee also stressed "the lack of regular and regular dialogue with migrant associations". The adoption of this DNU without any space for discussion is an extremely serious example of this lack of dialogue. The migration law 25,871 was the result of the consensus reached after a wide debate initiated in 1999 by different actors, in social, academic and legislative areas, that allowed the revocation of the decree law of migrations, denominated "Law Videla".
The government announces this reform as part of its security policies. President Mauricio M acri stated, for example, that "for lack of action we can not allow crime to continue to choose Argentina as a place to come and commit a crime". To present it in this way is to make misleading use of information. The participation of migrants in the total number of crimes is not significant: less than 5% of the prison population is foreign. It happens, however, that some cases that involved foreign people were serious and / or widespread. However, the law in force already establishes the mechanisms to expel those who had processed for serious crimes (such as drug trafficking). That is to say: the reform of the law is not directed at those who commit serious crimes, but rather to broaden and tighten the control of those who commit misdemeanors or illegal acts (such as street selling). For these reasons the impact of this measure will be less for crime prevention and will be significant in restricting the rights of poor migrants. It is therefore a clear policy of social exclusion.
For years, the association between migrants and crime has been used by governments, always with the same goals: to install a false problem to move more urgent and relevant issues from the public agenda and, at the same time, to show a supposed commitment to prevention Of the crime that avoids addressing serious security and violence issues.
