The Comptroller General of the Republic of Chile has given the green light to the decree that regulates the Immediate redirection of foreigners who enter the country irregularly, as well as refugee status.
The supervisory entity confirmed this Friday the approval of the promulgatory decree for Law 21,655a project dispatched on January 17 from Congress as part of the legislative “fast-track” agreed upon in April 2023 between the Government and both chambers, with the objective of strengthening security and public order in the country.
The Minister of the Interior, Carolina Tohá, emphasized the importance of this law that “modifies the procedures for the redirection of irregular entries at the border and the request for refuge,” ensuring that “This will strengthen the country’s border control capacity”.
This new law on Immigration and Immigration allows “identity checks, luggage registration, detention and redirection.” up to 10 kilometers from the limit in case of irregular entry attempts. The current regulations only allow it at the border,” stressed the Secretary of State, as reported by La Tercera.
Finally, he highlighted that the project “establishes a previous stage in the refugee status application processwhich will allow cases that do not meet the minimum admissibility requirements to access the refuge to be more quickly evaluated and discarded.”
The measure seeks to punish irregular entry with imprisonment and, after serving the sentence, establishes the expulsion of the foreigner, with exceptions.
Who will be sanctioned?
- People who enter the national territory for a passage not enabled or evading immigration control. The penalty will be 61 to 540 days in prison or a fine of between 323 thousand and 646 thousand pesos.
- Foreigners who enter the national territory clandestinely and have causes of impediment or prohibition of entry. The penalty will be 541 days to 5 years in prison.
- People entering or leaving the national territory using a false identity or travel document. The penalty will be the same as in the previous case.
Eligible people according to regulations:
- Foreigners who meet the conditions of refugees who come from territories where their life or freedom is threatened.
- Girls, boys or adolescents, or their father, mother, guardian or person in charge.
What measures will be taken in case of flagrancy?
- An attempt will be made to immediately redirect or return the offender.
- If this is not possible, you will be placed at the disposal of the respective court.
What happens if preventive detention is ordered?
- The court will understand that there is a risk of flight of the accused when his identity is unknown.
What happens if the expulsion is agreed?
- The court will place the accused at the disposal of the Investigative Police (PDI).
- The National Immigration Service must be informed.
The law was ready to be published in the Official Gazette and come into force.