New Immigration Law: promoting a modern immigration policy to meet Chile’s needs
Chile is seeking to modify the current immigration regulations through changes to the Immigration Bill, as well as a series of additional measures signed on Monday by President Sebastián Piñera, which are designed to ensure safe and orderly entry into Chile for foreigners.
President Sebastián Piñera introduced instructions to the Immigration bill, submitted in 2013, which also considers content from the 2017 draft, as a way to provide modern responses to the challenges being posed by immigration in Chile.
In the past year, the country has experienced a significant increase in the number of foreigners entering Chile with a tourist visa who end up remaining in the country illegally. There are currently an estimated 300,000 undocumented foreigners in Chile, which is an alarming social reality since it is associated with a lack of stable housing, labor abuses, and an increase in human trafficking.
Additionally, the current immigration policy dates back to 1975, so it urgently needs to be redeveloped and modernized, to take account of the country’s current needs and address the scale of immigration in Chile.
According to records kept by the Interior Ministry, as of March 2018 the Chilean Immigration Department (Departamento de Extranjería y Migración, DEM) is attending an average of 4,000 people per day, and an estimated 1.1 million people will pass through their offices this year. In the Metropolitan Region this is a 21% increase compared to 2017.
The purpose of the new Immigration Law is not only to update Chile in this area, but also guarantee safe, orderly, and regular immigration, adapting to modern times and the needs of the country, but without losing sight of the rights of and protection for immigrants.
Key measures
Here are some highlights among the proposed initiatives:
• Establish clear entry requirements and an effective administrative process to combat illegal entry and prevent people with criminal backgrounds from entering Chile.
• Establish an Immigration Policy Council to periodically draft and update a clear and transparent immigration policy for Chile.
• Create a National Immigration Service which will have the structure and capacity to implement the immigration policy and act as the State’s channel for dealing with immigrants.
• Establish a flexible system of immigration categories.
• Decriminalize illegal residency and eliminate criminal penalties for immigration violations. On the other hand, the process for deporting foreigners who have broken the Immigration Law will be simplified and accelerated.
• These initiatives will be accompanied by a series of measures to be implemented quickly, including a reform for temporary residence visas and the creation of new categories of visas for people who want to work or study in Chile.