Argentina: Legislation and regulations relating to permanent resident status (February 2003 - June 2004)
| Publisher | Canada: Immigration and Refugee Board of Canada |
| Author | Research Directorate, Immigration and Refugee Board, Canada |
| Publication Date | 12 August 2004 |
| Citation / Document Symbol | ARG42753.E |
| Reference | 4 |
| Cite as | Canada: Immigration and Refugee Board of Canada, Argentina: Legislation and regulations relating to permanent resident status (February 2003 - June 2004), 12 August 2004, ARG42753.E, available at: https://www.refworld.org/docid/41501be97.html [accessed 25 May 2023] |
| Disclaimer | This is not a UNHCR publication. UNHCR is not responsible for, nor does it necessarily endorse, its content. Any views expressed are solely those of the author or publisher and do not necessarily reflect those of UNHCR, the United Nations or its Member States. |
News and international human rights sources noted the enactment of immigration legislation that would, among other things, affect migrants seeking to obtain resident status in Argentina (Country Reports 2003 25 Feb. 2004; Latinamerica Press 25 Feb. 2004; Adital 25 Feb. 2004; Clarin 3 Feb. 2004). Originally approved by congress on 17 December 2003 and promulgated on 20 January 2004 (ibid.), Law 25.871 reportedly guarantees immigrants the same rights as those of native-born (garantizandose a los inmigrantes los mismos derechos quen tienen los nativos) Argentines, including social security, union, medical, education, and working rights (Adital 25 Feb. 2004). Country Reports 2003 also reported that the new law would "significantly assist migrants in obtaining legal resident status" (25 Feb. 2004, Sec. 2d).
Divided into 12 Sections (Titulos), including a preliminary Section, and 126 Articles, Law 25.871 covers a number of themes related to the rights and obligations of foreigners wishing to migrate to Argentina (Argentina 21 Jan. 2004). While sections of Law 25.871 such as Section IV on the permanency of foreigners (de la permanencia de los extranjeros) and Section V on the legality and illegality of permanency (de la legalidad e ilegalidad de la permanencia) provide information on regulations related to permanent resident status in Argentina, the Research Directorate cannot provide legal analysis of the various pieces of legislation that could apply in possible scenarios (ibid.). Sources have also noted that Law 25.871 would only begin to be enforced as of June 2004 (Latinamerica Press 25 Feb. 2004; Adital 25 Feb. 2004).
According to international human rights reports, the new law was more aligned with universal human rights principles (USCR 24 May 2004) and "is expected to reduce discriminatory treatment against migrants" (Country Reports 2003 25 Feb. 2004, Sec. 2d). Moreover, Brazilian news source, Adital, noted that Law 25.871 would replace the "repressive" (represiva) Law 22.439 that was formerly ratified by the country's military regime in 1981 (25 Feb. 2004). In addition, news sources reported that until the new law comes into force, a special resolution was passed to suspend the deportation of illegal migrants, contingent on the individual's proof of citizenship, health status and criminal record, from neighbouring countries such as Chile, Bolivia, Paraguay, Brazil and Uruguay (Latinamerica Press 25 Feb. 2004; Terra 3 Feb. 2004).
Nevertheless, in a 3 February 2004 article that appeared on Comunidad Boliviana, a portal Website that provides information to Bolivians living in Argentina, a lawyer at the Buenos Aires-based Legal and Social Studies Centre (Centro de Estudios Legales y Sociales, CELS) stated that while the new law was a positive milestone (hito positiva), it could also prove to be ineffective if it did not eliminate the bureaucratic obstacles (trabas burocraticas) and high monetary costs that currently impede migrants to regularize their status in the country (Comunidad Boliviana 3 Feb. 2004). The CELS lawyer claimed that the effectiveness of this law would depend on how it was implemented, and to this end, the lawyer called upon human right groups to participate in the law's implementation (ibid.).
This Response was prepared after researching publicly accessible information currently available to the Research Directorate within time constraints. This Response is not, and does not purport to be, conclusive as to the merit of any particular claim for refugee protection. Please find below the list of additional sources consulted in researching this Information Request.
References
Agencia de Informacao Frei Tito para a America Latina (Adital) [Fortaleza, Brazil]. 25 February 2004. "Nueva ley protege derechos de inmigrantes en Argentina." Argentina. 21 January 2004. Ministerio de Economia y Produccion. "Migraciones Ley 25.871." Clarin [Buenos Aires]. 3 February 2004. "Suspenden la expulsion de inmigrantes ilegales de paises limitrofes." Comunidad Boliviana. 3 Februrary 2004. "Rige en Argentina una nueva ley de migraciones." Country Reports on Human Rights Practices for 2003. 25 February 2004. "Argentina." United States, Department of State. Washington DC. Latinamerica Press [Lima]. 25 February 2004. Andres Gaudin. "Towards A Communitarian Citizenry."
Terra. 3 February 2004. "Suspenden la expulsion de ilegales de paises limitrofes." US Committee for Refugees (USCR). 24 May 2004. "Argentina." World Refugee Survey 2004. Additional Sources Consulted
The Embassy of Argentina in Ottawa could not provide information within time constraints.
The UNHCR office in Buenos Aires was unable to provide an English copy of the Law 25.871.
Internet sites: Amnesty International, Embassy of Argentina in Canada, Human Rights Watch.
