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The Room of the Senate rejected this Wednesday afternoon – by 19 votes against, zero in favor and 9 abstentions – an indication presented by the Finance Commission that allowed foreigners in irregular immigration status or pending residence processing apply for a temporary residence visa up to 90 days after the Migration Law is published which is currently being processed in Congress.
This, in a day in which the Upper House dispatched in particular this Migration Law, which will now return to the Chamber of Deputies for your third process.
During the day, On the other hand, the senators approved (by 22-2-2) an indication presented by the Government Commission, which indicates that “foreigners who have entered the country through steps authorized prior to September 1, 2019 and are in an irregular immigration situation will be able, within a period of 180 days from the publication of this law, apply for a temporary residence visa without being administratively sanctioned ”.
However, some parliamentarians advanced that this text could be reviewed in a mixed commission, so that the deadline for entering the country to qualify for this benefit is modified and get a term closer to today.
During the discussion of the indication of the Finance Commission, the undersecretary of the Interior, Juan Francisco Galli, He pointed out that although the Executive supported the text approved in the Government Commission, “unfortunately the text approved in the Finance Commission does not fulfill the same function, because it opens a window towards the future for regularization.”
He added that “what we have said was that we were available to modify the date (…) but that this period could never be for the future, because the effect it produced was to generate what we have called a ‘call effect’In other words, any person who wanted to migrate to our country would want to do so by any means in order to take advantage of this window of opportunity ”.
For his part, heSenator UDI Luz Ebensperger, president of the Government Commission, affirmed that “norms can not be established that what they do is a call for illegal, clandestine migration (…) From May to date we are experiencing critical situations, especially in the north, with a rather unusual income in the regions, which has created very difficult situations, “said the senator for the Tarapacá Region in relation to the economic crisis caused by the Covid-19 pandemic.
He Senator José Miguel Insulza (PS) also criticized the indication of the Finance Commission. “I think that would further aggravate the condition we have today day, especially in the northern regions of the country and it would generate a great avalanche of people, “he said.
That is why his call went to “Approve the article of the Government Commission, which requires us to address the issue in the mixed commission and reach an agreement on this matter.”
While, Senator Iván Moreira (UDI) indicated that establishing a period of 90 days after the law is published for extraordinary regularizations “constitutes a perverse and unnecessary stimulus. which has already brought moments of great pain to entire families that have already crossed the border (…) From March until now, more than 4,000 people have entered irregularly, illegally, even when we are in a pandemic and with severe mobility restrictions ”.
“The government has proposed new deadlines for this regularization to proceed, but this must be prior to the date of promulgation and publication” of the law, he added.
He Senator RN Francisco Chahuán indicated, for its part, that the indication -which was finally rejected- it is an incentive of effect called for that people enter clandestinely to our country “, but stated that “at least in the mixed commission we can effectively improve the writing and there is good disposition of the government ”.
While, RD Senator Juan Ignacio Latorre, although he was in favor of modifying the text in a mixed commission, indicated that there is no so-called “call effect”, as “The main factors that imply the migratory flow have never been the regulations and their modification in the legislative process, they are the socioeconomic factors, the family ties, demand of the labor market, political crisis, etc ”.
After being approved in particular the Migration Law, which replaces the current legislation dating from 1975, Undersecretary Galli thanked the Senate Chamber for its work.
“I think this is a substantial advance for our country,” said the authority. “Clearly our immigration legislation did not take care of the phenomenon of migration in a time of globalization, in a time of large migratory movements for different reasons”, added.
In this sense, it indicated that the law “Establishes a new modern immigration regulation, which addresses the migratory phenomenon of the XXI century and it also allows us to set an immigration policy for lachieve the objective of orderly, safe and regular migration ”.
Galli indicated that “For those people who are already in our country, who entered before the start of this pandemic, there will be opportunities, however those who entered through an unauthorized passage, clandestinely, these people commit crime in Chile and with respect to them an expulsion process is going to begin ”.
Regarding the possibility that the approved article be seen by a mixed commission, the undersecretary stated that “We hope not to reach a mixed commission because we believe that the text approved by the Senate is a text that satisfies the public policy objectives that we express”, although he indicated that “There is always openness on the part of the government (…) regarding adjusting that date, but that cannot be an obstacle to having new immigration legislation as soon as possible ”.
The Senator Ebensperger, for its part, argued that The Senate passed the Immigration Law “rejecting all indications that went against the objectives of this project (…) what it is to have an immigration law that could establish a regular, safe migration, thatIt should protect the rights of migrants but also allow the State to set the requirements for their entry ”.
“I hope that the Chamber of Deputies approves this government in its third process, I hope there is no mixed commission (…) Unlike what some senators think that there should be a mixed commission, I hope that we can soon have this bill turned into law, “he added.
Finally, Senator Chahuán indicated that “we were able to reject a norm that was permissive and that, without a doubt, generated an incentive for clandestine migration.”
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