The Chamber of Deputies approved the project that modifies the Immigration Law, which must now be discussed in the Senate.
Aim for orderly migration, expand the grounds for which foreigners can be expelled if they have committed a crime, and prioritize Chileans in issues such as health and educationare some of the aspects incorporated in the project that modifies the Migration Law that was approved by the Chamber of Deputies.
The initiative, which advanced to the Senate for its second procedure, increases the requirements for migrants to obtain the naturalization letter, and incorporates issues such as domestic violence, carrying weapons, aggravated homicide and sexual exploitation as grounds for expulsion from the country.
The project also contemplates the possibility of revoking the permits to remain in the country of those foreigners who commit repeated incivilities, such as fights and annoying noises, but also to those who engage in irregular trade.
“This legislation sets stricter standards that somehow are aligned with international legislation“, saeid the Minister of the Interior, Carolina Tohá, about the Migration Bill.
at the same time, the initiative increases from five to ten years the period in which a foreign citizen must live in Chile to obtain nationalityin addition to incorporating several causes for which a migrant’s nationality can be revoked or denied.
Priority for Chileans in education and health
According to the provisions of the text that passed to the Senate, the new Immigration Law also incorporates changes in matters such as education, health and housing.
In the first case, the text establishes the obligation of educational establishments of enroll students who are in an irregular immigration situationwhich should also be done in public health care centers.
Likewise, the initiative puts an end to the current modality according to which, in a situation in which a migrant family and a Chilean family opt to enter a school on equal terms, The first had priority as migration was considered an extra element of vulnerability.. In this way, in similar situations, the first option will be for the national family.
According to the text, “the State will guarantee access to preschool, basic and secondary education for foreign minors established in Chile, under the same conditions as nationals“.
When referring to the approval of the project in the Chamber, the director of Immigration, Luis Thayer, highlighted the modifications in basic services such as health and education.
“We cannot accept that a person is prioritized based on their immigration status to access a social right. So, this norm that was approved with unanimous support on education and with a nuance that we have, goes in that direction, that there is no type of prioritization that postpones the possibility of a Chilean family for their child to enter a kindergarten” or be treated in a health center.
What the Migration Law says about housing and work
In the case of housing, the project prohibits those who remain in irregular immigration status from subletting a property.
Moreover, the standard incorporated the Penalty for those who hire workers who are irregularly in the countrysomething that the Executive criticized through the Minister of the Interior, Carolina Tohá, who asserted that “what this rule is going to do is promote illegal work.”
Along these lines, he added that if approved as it was dispatched from the Chamber, the project will inhibit “employers from facilitating regularization processes for their workers, and will encourage the non-payment of contributions and basic social rights. burdening the health and education systems again because social rights are not paid as they should“.
The draft of the new Migration Law It was approved by 142 votes in favornone against and no abstention.
How will the new immigration legislation impact existing migrant communities in Chile?
Interview between Time.news Editor and Immigration Expert
Time.news Editor (TNE): Good afternoon, and thank you for joining us today.I’m here with Dr. Elena Ramirez, an immigration policy expert and professor at the University of Santiago.Dr. Ramirez, the Chamber of Deputies just approved a meaningful reform to the Immigration Law in chile. Can you give us an overview of what this legislation entails?
dr. Elena Ramirez (ER): Good afternoon! Yes,the new legislation is quite extensive. Its primary aim is to create a more orderly migration system while also tightening the criteria for foreign nationals living in Chile. It introduces new grounds for expulsion, notably concerning serious crimes like domestic violence and aggravated homicide, emphasizing the need for public safety.
TNE: That sounds like a major shift in policy. The bill also mentions prioritizing Chileans in health and education. How do you see this affecting migrant communities?
ER: This is indeed a critical point. By prioritizing Chileans in essential services, the legislation may create concerns among migrant communities that they will have limited access to health and education. On one hand, it’s vital to protect local resources for the population. On the other, it raises questions about integration and inclusivity. If implemented sensitively, there could be opportunities to support both groups without alienating migrants.
TNE: The bill also increases requirements for migrants seeking naturalization. What impact do you think this will have on future immigrants?
ER: Increasing the requirements for naturalization could deter some potential migrants who may feel that the barriers are too high. It could lead to fewer skilled individuals choosing to settle in Chile. However, it might also encourage those who do come to better adhere to local laws and integrate into society. It’s a double-edged sword that policymakers will need to navigate carefully.
TNE: There’s also a provision for revoking permits for repeated incivilities. This seems quite broad—what could that mean in practice?
ER: Yes, that’s a significant point. Terms like “repeated incivilities” can be subjective and may lead to inconsistent submission of the law. If not clearly defined,it could result in arbitrary decisions affecting individuals disproportionately. This type of clause could also foster social tensions if individuals feel they are being unfairly targeted.
TNE: It seems like there are many layers to this legislation. How do you see the Senate’s role as the next stage in this process?
ER: The Senate will have the prospect to refine the bill and debate its implications further. Ideally, they will engage in dialogue with various stakeholders, including migrant rights organizations, to ensure that the legislation not only addresses security concerns but also respects the rights of migrants. Balancing thes interests will be crucial.
TNE: dr. Ramirez, thank you for your insights today. Clearly, this immigration reform will have significant ramifications for both migrants and Chilean society. We’ll be sure to keep an eye on how this evolves in the Senate.
ER: Thank you for having me. It’s critically important to stay engaged on these issues as they have lasting impacts on our communities.