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Migrations New Legal Regimen - Full Text Of The Norm

Original Language Title: MIGRACIONES NUEVO REGIMEN LEGAL - Texto completo de la norma

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MIGRATIONS Law 25.871 Migratory Policy Argentina. Rights and obligations of aliens. State allocations. Admission of foreigners to the Argentine Republic and its exceptions. Income and egress of people. Obligations of international means of transport. Permanence of foreigners. Legality and illegality of permanence. Resource system. Competition. Rates. Argentinians outside. Implementing authority. Complementary and transitional provisions. Sanctioned: December 17, 2003. Enacted: January 20, 2004.

The Senate and Chamber of Deputies of the Argentine Nation assembled in Congress, etc. sanction with force of Law:






ARTICLE 1 The admission, entry, stay and discharge of persons is governed by the provisions of this Act and its regulations.

ARTICLE 2 For the purposes of this law, "immigrant" means any foreigner who wishes to enter, transit, reside or establish himself definitively, temporarily or temporarily in the country in accordance with the legislation in force.



ARTICLE 3 The objectives of this Act are:

(a) Establish key political lines and lay the strategic foundations for migration, and implement the Republic ' s international commitments on the human rights, integration and mobility of migrants;

(b) To contribute to the achievement of the demographic policies established by the National Government regarding the magnitude, rate of growth and geographical distribution of the country ' s population;

(c) Contribute to the enrichment and strengthening of the cultural and social fabric of the country:

(d) Ensure the exercise of the right to family reunification;

(e) Promote the integration into Argentine society of persons admitted as permanent residents;

(f) Ensuring any person who requests to be admitted to the Argentine Republic on a permanent or temporary basis, the enjoyment of non-discriminatory admission criteria and procedures in terms of the rights and guarantees established by the National Constitution, international treaties, existing bilateral agreements and laws;

(g) To promote and disseminate the obligations, rights and guarantees of migrants, as set out in the National Constitution, international commitments and laws, while keeping in mind their humanitarian and open tradition regarding migrants and their families;

(h) Promote the employment integration and integration of immigrants legally residing for the better use of their personal and labour capacities in order to contribute to the economic and social development of the country;

(i) Facilitate the entry of visitors to the Argentine Republic for the purposes of promoting trade, tourism, cultural, scientific, technological and international relations;

(j) To promote international order and justice, by denying entry and/or stay in Argentine territory to persons involved in criminal acts by our legislation;

(k) Promote the exchange of information at the international level, and technical assistance and human resources training, to effectively prevent and combat transnational organized crime.





ARTICLE 4 The right to migration is essential and inalienable of the individual and the Argentine Republic guarantees it on the basis of the principles of equality and universality.

ARTICLE 5° The State shall ensure conditions that guarantee effective equality of treatment so that aliens may enjoy their rights and fulfil their obligations, provided that they meet the conditions established for their entry and stay, in accordance with the laws in force.

ARTICLE 6 The State in all its jurisdictions shall ensure equal access to immigrants and their families under the same conditions of protection, protection and rights as nationals, including social services, public goods, health, education, justice, work, employment and social security.

ARTICLE 7 In no case shall an alien ' s immigration irregularity prevent his or her admission as a pupil in an educational establishment, whether public or private; national, provincial or municipal; primary, secondary, tertiary or university. The authorities of educational establishments should provide guidance and advice on the procedures for the purpose of redressing migration irregularities.

ARTICLE 8 Access to the right to health, social assistance or health care to all aliens who require it may not be denied or restricted in any case whatsoever. The health-care authorities should provide guidance and advice on the procedures for redressing migratory irregularity.

ARTICLE 9 Migrants and their families shall have the right of the State to provide information on:

(a) Their rights and obligations under existing legislation;

(b) The requirements for admission, stay and discharge;

(c) Any other matter that allows or facilitates the performance of administrative or other formalities in the Argentine Republic.

The enforcement authority shall take all measures it deems appropriate to disseminate the information mentioned above and, in the case of migrant workers and their families, shall also ensure that it is supplied by employers, trade unions or other organs or institutions. The required information shall be provided free of charge to aliens who request it and, to the extent possible, in a language they may understand.

ARTICLE 10. The State shall guarantee the right of family reunification of immigrants with their parents, spouses, minor single children or older children with different capacities.

ARTICLE 11. The Argentine Republic will facilitate, in accordance with national and provincial legislation, the consultation or participation of aliens in decisions concerning public life and the administration of local communities where they reside.

ARTICLE 12. The State shall comply with all the provisions of international conventions and all other instruments establishing the rights and obligations of migrants, which have been duly ratified.

ARTICLE 13. For the purposes of this Act, all acts or omissions determined on grounds such as ethnicity, religion, nationality, ideology, political or union opinion, sex, gender, economic position or physical characters, which arbitrarily prevent, obstruct, restrict or in some way impair the full exercise on equal basis of the fundamental rights and guarantees recognized in the National Constitution, the International Treaties and the Laws.

ARTICLE 14. The State in all its jurisdictions, whether national, provincial or municipal, will promote initiatives aimed at the integration of aliens into its community of residence, especially those aimed at:

(a) Conducting Spanish language courses in legally recognized foreign schools and cultural institutions;

(b) The dissemination of information useful for the proper insertion of aliens into Argentine society, in particular those relating to their rights and obligations;

(c) To the knowledge and appreciation of the cultural, recreational, social, economic and religious expressions of immigrants;

(d) The organization of training courses, inspired by criteria of coexistence in a multicultural society and the prevention of discriminatory behaviour, for public officials and employees and private entities.

ARTICLE 15. Aliens who are admitted to the country as "permanent residents" may introduce their personal effects, household and car items, free from tax payments, surcharges, import fees and contributions of any kind, with the scope and up to the amount determined by the Executive.

ARTICLE 16. The State ' s adoption of all necessary and effective measures to eliminate employment in the national territory of irregular immigrants, including the imposition of sanctions on employers, will not undermine the rights of immigrant workers vis-à-vis their employers in relation to their employment.

ARTICLE 17. The State shall provide for the adoption and implementation of measures to regularize the immigration situation of aliens.



ARTICLE 18. Without prejudice to the rights enumerated in this Act, migrants must comply with the obligations set forth in the National Constitution, the International Treaties and the laws in force.

ARTICLE 19. With regard to any foreigner, the Argentine Republic may provide guidance on:

(a) Access to limited categories of employment, functions, services or activities, where necessary for the benefit of the State;

(b) The choice of remunerated activity in accordance with the legislation relating to the conditions of recognition of professional qualifications adhered outside the territory;

(c) The conditions under which, having been admitted to employment, may then be authorized to perform self-employed work, taking into account the period of legal residence in the country and the other conditions established in the regulation.




ARTICLE 20. Aliens will be admitted to enter and remain in the country in the categories of "permanent residents", "temporary residents", or "transient residents". Until such time as the corresponding procedure is formalized, the application authority may grant an authorization of "disputable residence", which will be revoked by it, when the grounds for granting it are unnaturalized. Its validity will be up to one hundred and eighty (180) days, which can be renewable until the requested admission resolution, and will enable its holders to remain, leave and return to the national territory, work and study during its period of validity.

The extension and renewal of "short residence" does not generate the right to a favorable resolution regarding the requested admission.

ARTICLE 21. Applications for entry into the country that are petitioned in the national territory or abroad shall be formalized under the terms of this law.

ARTICLE 22. Any foreigner who, for the purpose of establishing himself definitively in the country, obtains from the National Directorate of Migration an admission to this character shall be considered "permanent resident". In addition, immigrant relatives of Argentinian citizens, natives or by option will be considered permanent residents, as such, to the spouse, children and parents.

The children of native Argentinians or by option born abroad are recognized as permanent residents. The authorities will allow their free entry and stay in the territory.

ARTICLE 23. All foreign nationals who, under the conditions established by the regulation, enter the country in the following sub-categories shall be considered "temporary residents":

(a) Migrant worker: who enters the country to engage in the exercise of some lawful, remunerated activity, with permission to stay in the country for a maximum of three (3) years, prorrogable, with multiple entrances and departures, with permission to work under dependency;

(b) Renter: who solves his stay in the country with own resources brought from the outside, from the rents they produce or from any other lawful income from external sources. A term of residence of up to three (3) years, extendable, with multiple entrances and exits may be granted;

(c) Pensioned: who receives from a government or from international agencies or from private companies for services rendered abroad, a pension whose amount allows him a regular and permanent financial income in the country. A term of residence of up to three (3) years, extendable, with multiple entrances and exits may be granted;

(d) Investor: who contributes his own assets to carry out activities of interest to the country. A term of residence of up to three (3) years, extendable, with multiple entrances and exits may be granted;

(e) Scientists and specialized staff: those engaged in scientific, research, technical or advisory activities, hired by public or private entities to carry out work of their specialty. Similarly, executives, technicians and administrative staff of foreign public or private entities of a commercial or industrial nature, transferred from abroad to cover specific charges in their companies and who sell fees or salaries in the Argentine Republic. A term of residence of up to three (3) years, extendable, with multiple entrances and exits may be granted;

(f) Deportists and artists: hired because of their specialty by natural or legal persons who carry out activities in the country. A term of residence of up to three (3) years, extendable, with multiple entrances and exits may be granted;

(g) Religious of officially recognized cults, with legal status issued by the Ministry of Foreign Affairs, International Trade and Worship, who enter the country to exclusively develop activities of their cult. A term of residence of up to three (3) years, extendable, with multiple entrances and exits may be granted;

(h) Patients under medical treatment: to deal with health problems in public or private health facilities, with permission to stay in the country for a year, extended, with multiple entrances and exits. In the case of persons under age, disabled or ill who by the importance of their pathology should remain with accompanying persons, this authorization shall be extended to direct family members, legal representative or curator;

(i) Academics: for those who enter the country under academic agreements between institutions of higher education in specialized areas, under the responsibility of the higher contracting centre. Its validity shall be for the term of up to one (1) year, extended for the same period each, with authorization of multiple entrances and departures;

(j) Students: those who enter the country for secondary, tertiary, university or specialized studies recognized, as regular students in public or private educational establishments officially recognized, with permission to stay in the country for two (2) years, prorrogable, with multiple entrances and departures. The person concerned shall demonstrate the registration in the educational institution in which he or she shall study and, for successive renewals, certification of his or her condition as a regular student;

(k) Asylum and refugees: Those who are recognized as refugees or assailed shall be granted authorization to reside in the country for the term of two (2) years, which may be extended as often as the authority for application in respect of asylum and refuge as it deems necessary, in accordance with the circumstances established by the relevant legislation;

(l) Nationality: Citizens native to MERCOSUR, Chile and Bolivia, with authorization to stay in the country for two (2) years, prorrogable with multiple inputs and outputs;

(m) Humanitarian Reasons: Foreigners who invoke humanitarian reasons that justify special treatment in the National Migration Directorate ' s view;

(n) Specials: Those who enter the country for reasons not covered in the preceding paragraphs and who are considered of interest by the Ministry of the Interior and the Ministry of Foreign Affairs, International Trade and Worship.

ARTICLE 24. Aliens entering the country as "transient residents" may be admitted to some of the following subcategories:

(a) Tourism;

(b) Passengers in transit;

(c) Border Neighborhood Transit;

(d) International transport crews;

(e) Seasonal migrant workers;

(f) Academics;

(g) Medical treatment;

(h) Special: Foreign nationals who invoke reasons that justify special treatment in the National Directorate of Migration.

ARTICLE 25. Aliens admitted to the country as "temporary residents" or "transient residents" may remain in the national territory for the period of authorized stay, with their due extensions, having to leave it at the end of the period.

ARTICLE 26. The procedure, requirements and conditions for entering the country, according to the categories and subcategories mentioned above, shall be set out in the Migration Regulations.

If, on the basis of the responsibility of the intervening agency, the proceedings would delay more than stipulated, the National Migration Directorate should take all relevant precautions in order to prevent foreigners, pending the regularization of their residence in the country, from having such delays.

ARTICLE 27. Foreign nationals who are:

(a) Diplomatic agents and consular officers accredited in the Republic, as well as other members of permanent or special diplomatic missions and consular offices and their families who, under the rules of international law, are exempt from obligations relating to the attainment of an immigration status;

(b) Representatives and delegates, as well as other members and members of their families of the Permanent Missions or Delegations to the Intergovernmental Agencies based in the Republic or at the International Conferences held therein;

(c) Officials in international or intergovernmental organizations based in the Republic, as well as their families, to whom the Treaties to which the Republic is a party exempts the obligation of consular visaation;

(d) Diplomatic, official or courtesy Argentine visa holders.

Failure to mediate the Convention or Treaty concluded by the Republic, the admission, entry, stay and departure of aliens provided for in this article shall be governed by the provisions established by the national executive branch.

In the cases provided for in this article, the National Directorate of Migration shall be limited to the Controller of the documentation at the time of the entry or the egress, indicating the same nature of the income; the date of the egress and the period of stay in the Republic.

ARTICLE 28. Aliens included in Agreements or Migration Conventions signed by the Argentine Republic shall be governed by the provisions of the same and by this law, in the most favourable case for the migrant person. The principle of equal treatment shall not be considered to be affected by the possibility of the State, in accordance with the procedures set out in the Constitution and the laws, to sign bilateral agreements of general and partial scope, that will allow to address specific phenomena, such as that of border labour migration, or by the possibility of establishing differentiated treatment schemes between countries that with Argentina are part of a region for those countries that result third parties within the process of regionalization, prioritizing the measures necessary for the finalization.



ARTICLE 29. They will be impeding the entry and stay of foreigners to the National Territory:

(a) The presentation to the authority of national or foreign documentation material or ideologically false or adulterated. The act shall be punished by a prohibition of re-entry for a minimum period of five (5) years;

(b) To be prohibited from entering, to have been subject to expulsion or prohibition of re-entry, until such time as they have not been revoked or the time limit imposed has been met;

(c) Have been convicted or serving sentences, in Argentina or abroad, or have a record for trafficking in arms, persons, narcotics or for laundering of money or investments in illicit activities or offence deserving of the freedom of three (3) years or more in the Argentine legislation;

(d) Have committed or participated in acts of government or other type, which constitute genocide, war crimes, acts of terrorism or crimes against humanity and any other act which may be tried by the International Criminal Tribunal;

(e) Have a history of terrorist activities or of belonging to national or international organizations recognized as accused of actions likely to be tried by the International Criminal Tribunal or by Act No. 23,077, on the Defence of Democracy;

(f) Have been convicted in Argentina or have a record of promoting or facilitating, for profit, the illegal entry, stay or removal of aliens in the National Territory;

(g) Have been convicted in Argentina or have a history of having submitted material or ideologically false documentation, to obtain for themselves or for a third party a migration benefit;

(h) To promote prostitution; to profit from it; to have been convicted or to have a record, in Argentina or abroad for promoting prostitution; to profit from it or to develop activities related to the trafficking or sexual exploitation of persons;

(i) To attempt to enter or enter the National Territory by evading migration control or by place or time not authorized to do so;

(j) The existence of any of the hindrances established in this Act shall be established;

(k) Failure to comply with the requirements of this Act.

In the case of subparagraph (a) the Federal Government reserves the power to prosecute the person in the Republic when the act may relate to matters relating to the security of the State, to international cooperation or may be linked to it or to the facts that are charged with other investigations carried out in the National Territory.

The National Directorate of Migration, after the intervention of the Ministry of the Interior, may, exceptionally, admit, for humanitarian or family reunification reasons, in the country in the categories of permanent or temporary residents, through a resolution based on each particular case, on foreigners covered by this article.



ARTICLE 30. The National Identity Document, aliens with permanent or temporary residence, may be obtained.

ARTICLE 31. Asylum-seekers, with the authorization of a precarious residence, may obtain their National Identity Document once recognized as "refugiated" or "asiled" by the competent authority.

ARTICLE 32. In the case of aliens authorized as "temporary considerations" the National Identity Document shall be issued for the same period as the migration subcategory granted, renewable in accordance with the extensions authorized.

ARTICLE 33. In the above cases, the identifier to be issued must be expressed and visible:

(a) The nationality of the holder;

(b) The permanent or temporary nature of the residence in the country;

(c) Performance in which the benefit and resolution number were granted;

(d) Period of authorized residence and maturity.





ARTICLE 34. The entry and discharge of persons into the national territory shall be carried out exclusively by places authorized by the National Directorate of Migration, whether land, river, sea or air, opportunity and place where they shall be subject to the respective migration control.

Aliens who do not meet the requirements of the law and regulation may be authorized to enter the country where there are exceptional humanitarian reasons, public interest or commitments made by Argentina.

ARTICLE 35. In the event of bringing a person into the territory of the Republic with a foreign document designed to establish his identity that does not comply with the conditions provided for in the legislation in force, and as long as it is not a re-entry motivated by a rejection of a third country, immediate rejection of the border will be prevented from entering the national territory.

Those rejections that are motivated in the presentation of material or ideologically false documentation or containing apocryphal testimonies will imply a prohibition of re-entry of five (5) years.

Without prejudice to the procedures provided for in this article, the National Government reserves the power to denounce the act before the Federal Justice when matters relating to the security of the State are at stake, international cooperation, or it is possible to link it or the facts imposed on it, with other investigations carried out in the national territory.

When there is a well-founded suspicion that the real intention that motivates the entry differs from that of the person at the time of obtaining the visa or presenting to the immigration control; and until it is corrected, its entry into the Argentine territory will not be authorized and must remain at the premises of the entry point. If it is necessary to preserve the health and physical integrity of the person, the immigration authority, retaining the documentation thereof, shall grant him a provisional authorization of permanence which shall not imply legal entry to the Argentine Republic.

The transport company will also be informed that its obligation of reconduction is still in force until the provisional authorization of stay is transformed into legal income.

If the corroboration confirms the fact, the immediate cancellation of the provisional authorization of stay and the refusal of the alien shall be made.

Decisions made pursuant to the provisions contained in paragraphs 1 and 2 of this article will only be appealable from abroad, by presentation made by the foreigner to the Argentine diplomatic delegations or the foreign offices of the National Migration Directorate, from which they will be sent to the headquarters of the National Migration Directorate. The deadline for filing the appeal will be 15 (15) days after the time of rejection.

ARTICLE 36. The migration authority may prevent any person who is not in possession of the necessary documentation from leaving the country, in accordance with the provisions of this law and its regulations.

ARTICLE 37. An alien who enters the Republic for an unencumbered place, or by evading any form of migratory pain, shall be liable to expulsion in the terms and conditions of this law.



ARTICLE 38. The captain, commander, shipper, owner, manager or responsible for any means of transport of persons, for or from the Republic, whether maritime, river, air or land, and the companies, companies or agencies that own, exploiters or consigners of a means of transport will be jointly responsible for the conduct and transport of passengers and crew members in regulatory conditions.

ARTICLE 39. In the same way, those mentioned in the previous article will be responsible for the care and custody of passengers and crew members, until they have passed the examination of migratory pain and have entered the Republic, or verified the documentation when they graduate.

ARTICLE 40. By refusing the immigration authority the entry of any person, the captain, commander, shipper, owner, manager or responsible for the means of transport and of the companies, companies or agencies, shall be obliged to redirect it to their country of origin or origin, or outside the territory of the Republic in the means of transport in which it arrived, or in the event of impossibility, in another medium within the period of time that it is set, being in charge of the expenses.

ARTICLE 41. The captain, commander, shipper, owner, manager or responsible for a means of transporting persons to or from the country, whether maritime, fluvial, air or land, or the company, company or owner agency, consignee, operator or responsible, are jointly obliged to transport to his or her office, within the time limit fixed to him, outside the territory of Argentina, or to the place of border, any foreigner whose expulsion is established.

ARTICLE 42. The preceding articles shall not be applicable in the case of aliens who apply for the status of refuge or asylum in the country; in such cases, the obligation for persons describing articles 40 and 41 shall be reduced to the authority with competence in respect of refuge and asylum immediately.

ARTICLE 43. The transport obligation established in articles 40 and 41 shall be limited to:

(a) One (1) place per trip, when the capacity of the means of transport does not exceed fifty (50) places in the international air, sea, river or land media and in those of an internal nature, when the capacity does not exceed thirty (30) places;

(b) Two (2) places where the capacity of the means of transport is higher than that indicated for each case in subparagraph (a);

(c) When the expulsion is caused by failures in the alien ' s income documentation detected at the time of control of the alien and should be carried out with custody, the transportation company used for the entry must take charge of the round-trip passages of the custodial personnel and of the premises that correspond to him.

In all cases the appropriate mechanism of interest should be expressly provided.

ARTICLE 44. The limit provided for in the preceding article shall not govern when persons to transport:

(a) Integrate a family group;

(b) They must be transported by the same company to which they belong the means in which they entered;

(c) They are of the nationality of the country of flag or registration of the means of transport.

ARTICLE 45. The emerging obligations of articles 40, 41, 43 and 44 shall be considered public burden.

ARTICLE 46. Failure to comply with the provisions provided for in this Title and its regulations shall be sanctioned by the National Directorate of Migration with a fine of up to three times the rate in the means of transport used from the point of origin to the point of destination in national territory, at the time of imposition of the fine. In no case can the fines be less than the equivalent of one thousand two hundred nineteen (1,219) litres of gasoil at the subsidized price for carriers or in the absence of it to the lowest of the market for particular consumer on the day of the imposition of the fine; not more than the equivalent of thirty thousand four hundred eighty-seven (30,487) litres of gasoil at the subsidized price for carriers or in the absence of the consumer to the lowest day of the market.

In the event of a arrears in the payment of the fine, the corresponding interests shall be accrued.

ARTICLE 47. The sanction shall be applied in solidarity to the captain, commander, shipper, owner, manager or responsible of the means of transport and to the company, company or agency owner, operator, consignee or responsible of the same.

The Ministry of the Interior, on the proposal of the National Directorate of Migration, shall approve the regulatory nomenclator of the amount of fines imposed for breaches of the provisions of this title. To that end, the nature of the offence, the legal status of the offender, its background and recidivism in the breaches of this Act or its regulation shall be taken into account.

The National Migration Directorate is empowered to establish the form and mode of payment of fines imposed on the basis of the provisions of this Act.

ARTICLE 48. In cases of non-compliance with the obligations provided for in articles 40, 41, 43 and 44 of the present, the implementing authority may arrange for the interim interdiction of departure from the Argentine national territory, airspace or jurisdictional waters, from the corresponding means of transport.

This will be done through the Assistant Migration Police or the National Authority with jurisdiction over transport.

ARTICLE 49. Real cash or documentary captions may be imposed on enterprises, companies or proprietary agencies, consignors, operators or persons responsible for any means of transport, in guarantee of compliance with the obligations of redirecting or transporting that are determined by the provisions of this Act.

ARTICLE 50. The application authority shall establish the amount of the channels and the modalities, timelines and conditions of their benefit, as well as the requirements for their cancellation, return or perception.





ARTICLE 51. Aliens admitted or authorized as "permanent residents" may develop any remunerated or profitable work or activity, either on their own or in relation to dependency, enjoying the protection of the laws governing the matter. Aliens admitted or authorized as "temporary residents" may develop them only during the period of their authorized stay.

ARTICLE 52. Aliens admitted or authorized as "transient residents" may not perform paid or profitable tasks, either on their own or in relation to dependence, except for those included in the sub-category of "stational migrant workers", or unless they are expressly authorized by the National Directorate of Migration in accordance with the provisions of this Act or the Migration Conventions signed by the Argentine Republic. Aliens who have been granted a precarious residence may be entitled to work for the term and with the modalities established by the National Migration Directorate.

ARTICLE 53. Aliens who reside irregularly in the country may not work or perform gainful or profitable tasks, either on their own or on the other hand, with or without dependency.

ARTICLE 54. Foreign nationals shall keep up-to-date with the National Directorate of Migration, by the means and timelines specified in the regulations, the data relating to their home, where all notifications shall be deemed valid.



ARTICLE 55. Aliens residing irregularly in the country may not be provided with onerous title.

Similarly, no person of visible or ideal existence, public or private, may provide work or paid occupation, with or without dependency, to aliens who reside irregularly.

ARTICLE 56. The application of this law shall not exempt the employer or labourer from the fulfilment of the emerging obligations of the labour legislation with respect to the alien, irrespective of their immigration status; likewise, in no way shall the rights acquired by aliens, as a result of the work already done, be affected, regardless of their immigration status.

ARTICLE 57. Any person who hires or agrees with aliens who reside irregularly in the country, the acquisition, sale or constitution of tax on real property, rights or registered furniture, or the constitution or integration of civil or commercial societies, shall notify the immigration authority.

ARTICLE 58. The acts celebrated with the formal requirements inherent in them, even if they do not comply with the requirement of the previous article, will be considered valid.

ARTICLE 59. Those who violate the provisions set out in article 55, the first paragraph of the present paragraph, shall be punished in solidarity with a fine up to twenty (20) Minimum Vital and Mobile Wages for each foreigner to whom onerous accommodation is provided.

Those who violate the provisions laid down in article 55, paragraph 2, of the present paragraph, shall be punished in solidarity with a fine amount of fifty (50) Minimum Vital and Mobile Salaries for each foreigner, who is not entitled to work, to which work or paid occupation is provided.

The amount of the penalty to be imposed will be one hundred (100) Minimum Vital and Mobile Wages when paid work or occupation is provided to non-emancipated aliens or less than fourteen (14) years.

Reoffending shall be deemed aggravating of the offence and shall raise the amount of the fine imposed up to fifty percent (50%).

The National Directorate of Migration, at the request of the offender to prove a lack of sufficient means, may exceptionally, by means of a substantial provision, provide for the specific case a decrease in the amount of the fine to impose or authorize its payment in quotas. To that end, the economic capacity of the offender and the possible recidivism that could be recorded in the matter will be merited. In no case shall the fine imposed be less than two (2) Minimum Vital and Mobile Salaries.

Please provide the Ministry of the Interior with the establishment of alternative sanctions mechanisms for the offences set forth in this Title .Of the responsibilities of employers, workers and housing ,, based on the protection of migrants, assistance and social action.

ARTICLE 60. Sanctions shall be graduated in accordance with the nature of the offence, the person, background in the matter and in the event of recidivism in the infractions to this law, the same shall be cumulative and progressive.





ARTICLE 61. In finding the irregularity of a foreigner ' s stay in the country, and in accordance with the circumstances of the foreign profession, his or her relationship with Argentine nationals, the period of residence accredited and other personal and social conditions, the National Directorate of Migration shall confine him to regularizing his or her situation in the period of time fixed for that purpose, subject to the expectation of his or her expulsion. Once the deadline is not regulated, the National Directorate of Migration shall decree its expulsion with suspensive effect and shall act as a party to the competent judge or court for the purpose of reviewing the administrative decision on expulsion.

ARTICLE 62. The National Directorate of Migration, without prejudice to any judicial action to be deducted, shall cancel its residence, with suspensive effect, regardless of its age, status or cause of admission and shall have the subsequent expulsion, when:

(a) In order to obtain a migratory benefit or Argentine citizenship, an act or a simulated act had been articulated or it had been held in fraud of the law or with the deviation of consent or material or ideologically false or adulterated documentation had been submitted;

(b) The resident would have been sentenced in the Republic for a criminal offence involving deprivation of liberty for more than five (5) years or for repeated conduct in the commission of offences. In the first case served the sentence, a period of two (2) years shall be passed for the final decision to cancel residence, which shall be based on the possible incursion by the foreigner into the impediments provided for in article 29 of this Act. In the event of the Administration ' s silence, during the thirty (30) days after the expiration of that period, the residence shall be deemed to be firm;

(c) The beneficiary of a permanent residence would have remained outside the National Territory for a period exceeding two (2) years or half of the agreed period, if it were to be temporary residence, except that the absence was due to the exercise of an Argentine public service or had been generated by activities, studies or investigations which the National Directorate of Migration might be of interest or benefit to the Argentine Republic or which may provide express authorization from the Argentine migration authority;

(d) The permanent, temporary or temporary residence granted when the reasons for its concession have been denaturalized or when the installation in the country has been completely or partially subsidized, directly or indirectly by the Argentine State and the conditions expressly established for the grant are not met or violated;

(e) The Ministry of the Interior may arrange for the cancellation of the permanent or temporary residence and the expulsion of the Republic of any alien, irrespective of the situation of residence, when he or she is in the country or abroad, of any of the activities provided for in article 29 (d) and (e) of the present.

The Ministry of the Interior shall waive compliance with the cancellation provided for under this article when the alien is a father, son or spouse of Argentinean, except for a decision duly founded by the migration authority.

The waiver may also be granted in the light of the period of stay, immediately prior to the occurrence of any of the grounds provided for in subparagraphs (a) to (d) of this article, which may not be less than two (2) years, and the personal and social circumstances of the beneficiary must be taken into account.

ARTICLE 63. In all cases provided for by this law:

(a) The cancellation of the residence entails the determination to leave the country within the prescribed time limit or the expulsion of the National Territory taking into account the factual and personal circumstances of the person concerned, as established by the Regulations;

(b) The expulsion entails the prohibition of permanent re-entry or a term that in no case may be less than five (5) years and shall be graduated according to the importance of the cause that motivates it. Such a prohibition may only be waived by the National Migration Directorate.

ARTICLE 64. The administrative acts of firm and consensual expulsion in respect of aliens in an irregular situation shall be carried out immediately when:

(a) Aliens who find themselves serving custodial sentences, when the assumptions set out in section I and II of article 17 of Act No. 24,660 have been fulfilled for each circumstance. Execution of the alienation shall result in the discharge of the sentence originally imposed by the competent court;

(b) Aliens who are under trial, when they relapse a firm sentence of conditional execution. Execution of the alienation shall terminate the sentence originally imposed by the competent court;

(c) Proceedings of a foreigner on whom an administrative order for a firm and consented expulsion is subject, in which case the benefit of the suspension of trial or of curative measures shall not be granted, which shall be replaced by the execution of the alien ' s alien ' s extinction.

ARTICLE 65. No foreigner or family member shall be deprived of his or her residence permit or expelled for the sole fact that he or she does not comply with an obligation arising from a employment contract, unless the performance of that obligation constitutes a necessary condition for such authorization or permission.

ARTICLE 66. Aliens and their families may not be subject to collective expulsion measures. Each case of expulsion shall be examined and decided individually.

ARTICLE 67. Expulsion shall not in itself impair any of the rights that the migrant has acquired in accordance with national legislation, including the right to receive wages and any other allowance that may correspond to him.

ARTICLE 68. The person concerned shall have reasonable opportunity, even after the departure, to claim the payment of wages and other benefits that may correspond to him, as well as to fulfil his outstanding obligations. Expenditures resulting from the procedure for the expulsion of a migrant or a family member shall be borne by the enforcement authority. You may be required to pay your own travel expenses from the departure post to your duty station, without prejudice to the provisions of Title III.




ARTICLE 70. . Signed and consented to the expulsion of an alien, the Ministry of the Interior or the National Directorate of Migration, shall request the competent judicial authority to order his detention, by means of a well-founded decision, only to the sole effect of fulfilling it.

Exceptionally and when the characteristics of the case warrant, the National Migration Directorate or the Ministry of the Interior may request the judicial authority to retain the alien even if the expulsion order is not firm and consensual.

In the case of such retention, and in the case that the detained alien claimed to be a father, son or spouse of native Argentinean, provided that the marriage had been held prior to the fact that the resolution was motivated, the National Directorate of Migration must suspend the expulsion and verify the existence of the alleged link within forty-eight (48) working hours. Accredited that the foreigner is bound to recover his freedom immediately and will be granted a summary procedure for the regularization of migrants.

In all cases the retention time may not exceed the strictly necessary time for the expulsion of the alien.

The retention shall be made immediately known to the court which has issued the order for that purpose.

ARTICLE 71. Once a foreigner has been detained, the enforcement authority may provide for his or her provisional release under royal or affidavits to establish in each case, where the expulsion cannot be carried out in a reasonable time or to provide for reasons that justify him. Such a decision shall be brought to the attention of the competent Federal judge immediately.

ARTICLE 72. Retention shall be effected by the agencies of the auxiliary migration police, who shall accommodate the detainees in their units or where the National Directorate of Migration is available, until their departure from the national territory.

Where, for security reasons or for the personal conditions of the person expelled, custody is required to the duty station, the immigration authority may order it and require it from the auxiliary migration police. If necessary, you may request medical assistance.

ARTICLE 73. Persons, companies, companies, associations or companies that request the entry, stay or regularization of the immigration status of an alien in the country shall submit sufficient caption, in accordance with the provisions of the regulation.





ARTICLE 74. Against the decisions of the National Directorate of Migration that review a definitive character or that totally prevent the processing of the claim or claim of the person concerned and against the interlocutors of mere procedure that infringe subjective rights or a legitimate interest, the review will be carried out at administrative and judicial headquarters, when:

(a) The admission or stay of an alien is denied;

(b) The authorization of permanent, temporary or temporary residence is cancelled;

(c) A foreigner is directed to abandon the country or his expulsion is decreed;

(d) The application of fines and captions or their execution is resolved.

ARTICLE 75. Administrative acts that resolve on the issues listed above may be the subject of a Resideration Appeal.

This remedy shall be brought against the acts of the National Directorate of Migration and shall be resolved by the Directorate.

In the event that the act had been handed down by delegated authority, it shall be the one who resolves, without prejudice to the right of avocation of the said Directorate, unless the delegation has ceased at the time of the deduction of the appeal, where the delegate will decide.

The Reconsideration Recourse shall be deducted within ten (10) working days of the steadfast notification of the act and the same body that dictated it.

ARTICLE 76. The competent authority shall resolve the Deducted Reconsideration Appeal within thirty (30) working days of its interposition. If such a time limit is expired without a resolution on the matter, it may be reputed tacitly, without the need for prompt dispatch.

ARTICLE 77. The Reconsideration Resource carries the Hierarchical Subsidy Resource implicit in the case of decisions taken by delegated authority. According to this, when the reconsideration had been rejected t express or tacitly las the proceedings must be brought to the National Directorate of Migration within the term of five (5) working days, of course expresasubposed to deny express. or at the request of the party .subpuesto de silencio..

Within five (5) working days received by the National Migration Directorate, the person concerned may improve or extend the basis of the appeal.

ARTICLE 78. The administrative acts that address the issues listed in article 74 may also be the subject of the Recurso Jerárquico to be brought before the issuing authority of the act resorted to within the fifteen (15) working days of its steadfast notification, and shall be raised ex officio and within the five (5) working days of the National Directorate of Migration.

The above-mentioned Agency shall resolve the Watercourse within thirty (30) working days from the receipt of the proceedings.

The interposition of the Hierarchical Resources does not require the prior deduction of the Reconsideration Resource. If this has been brought, it will not be necessary to re-establish the Hierarchical.

ARTICLE 79. Against acts provided by the National Directorate of Migration in the terms of Article 74, the person concerned, the administrative remedy of appeal or the relevant judicial remedy shall proceed.

ARTICLE 80. The election of the court shall cause the administrative loss; but the filing of the appeal shall not prevent the dismissal in any state in order to promote the judicial action, nor shall it prejudice the decision of the court once the administrative appeal has been resolved.

ARTICLE 81. The Minister of the Interior shall be competent to finalize the appeal.

ARTICLE 82. The filing of appeals, administrative or judicial, in the cases provided for in article 74, shall suspend the execution of the measure imposed until the measure is final.

ARTICLE 83. In cases not provided for in this Title, the provisions of Act No. 19.549, Decree No. 1759/72 and its amendments shall be supplemented.

ARTICLE 84. Exhausted the administrative route through the Reconsideration, Hierarchical or Alzada Resources, the judicial remedy is issued.

The time limit for the filing of the respective remedy shall be thirty (30) working days to be counted from the notice to the person concerned.

ARTICLE 85. The party concerned may request a court order of prompt dispatch, which shall be appropriate when the administrative authority has failed to meet the deadlines set or, if there is no such time limit, if there has been a time limit that exceeds the reasonableness to dictate. In the light of the request, the judge must issue himself on his or her origin, taking into account the circumstances of the case, and, if he or she understands it appropriate, he or she will require the intervening administrative authority to report on the causes of the delay invoking him or her for a period of time. The judicial decision will be appealing.

In response to the requirement or the time limit to do so without having obtained the relevant resolution, the judge will decide what is appropriate in relation to the Moor, waiving . in his case la the corresponding order so that the responsible administrative authority will dispatch the proceedings within the time period established in accordance with the nature and complexity of the pending case.

ARTICLE 86. Foreign nationals who lack economic means shall have the right to free legal assistance in such administrative and judicial procedures that may lead to denial of entry, return to their country of origin or expulsion from Argentine territory. They will also be entitled to the assistance of interpreters if they do not understand or speak the official language. Regulations to the present, if any, must safeguard the exercise of the Constitutional Law of Defence.

ARTICLE 87. The impossibility of payment of established rates for the filing of resources may not hinder access to the resource regime set out in this Title.

ARTICLE 88. The impossibility of the payment of the rate for the interposition of resources shall not impede access to the recursive regime provided for in this chapter.

ARTICLE 89. The judicial remedy provided for in article 84, such as the consequent intervention and decision of the competent judicial body to deal with them, shall be limited to the control of legality, due process and reasonableness of the act of challenge.



ARTICLE 90. The Ministry of the Interior and the National Directorate of Migration may, on their own motion or at the request of a party, review its resolutions and those of the authorities acting by delegation. Decisions may be reviewed when cases of manifest error, omission or arbitrariness, violations of due process, or when new acts of sufficient entity justify such a measure.



ARTICLE 91. Fines imposed under the provisions of this Act shall be paid within the time limit, at the place, form and destination determined by the regulation.

ARTICLE 92. The hierarchical remedy provided for in articles 77 and 78, or the judicial body provided for in article 84 of the present, shall be applied against the decisions providing for the penalty, fine or caption. The latter must be pressed by accrediting the prior deposit of the fine or compliance with the imposed caption.

ARTICLE 93. When the fines imposed in accordance with this law had not been temporarily satisfied, the National Migration Directorate will pursue its judicial collection, by means of fiscal execution, within sixty (60) days of being firm.

The certification emanating from that body will be an executive degree sufficient for this purpose. The Federal Justice shall be competent to understand in the executive way.

ARTICLE 94. For the purposes provided for in the previous article, and in cases where it is to be brought before judges and tribunals, the National Directorate for Migration shall have a person to act in court.

ARTICLE 95. Domiciles constituted in the respective administrative proceedings shall be valid in the judicial procedure.



ARTICLE 96. Offences with fines will be prescribed at two (2) years.

ARTICLE 97. The statute of limitations shall be interrupted by the commission of a new offence or by the sequel to the administrative or judicial procedure.



ARTICLE 98. They will be competent to understand the provisions of Titles V and VI of the National Courts of First Instance in the Federal Administrative Litigation or the Federal Courts of the interior of the country, until a specific measure of migration is established.




ARTICLE 99. The national executive branch shall determine the acts of the National Directorate of Migration which shall be taxed with retributive rates of services, establishing the amounts, requirements and modes of their perception.

ARTICLE 100. Inspection or migratory control services provided by the National Directorate for Migration in safe hours or days or outside its headquarters, by means of international transport that arrive or leave the Republic, will be encumbered by the rates established by the executive branch.

ARTICLE 101. The funds derived from the fees received in accordance with this law shall be deposited in the place and form established by the regulation.



ARTICLE 102. The Government of the Argentine Republic will be able to enter into agreements with States in which Argentine migrants reside to ensure equality or assimilation of labour and social security rights in the host country. Such treaties should also guarantee migrants the possibility of remittances for the support of their families in Argentina.

The Executive Power may suspend the benefits granted by this Law in respect of the subjects of those countries that have established restrictions for the Argentine citizens there, who seriously affect the principle of reciprocity.

ARTICLE 103. Any Argentinean with more than two (2) years of residence abroad who decides to return to the country may enter the property of his or her belongings for his or her work activity free of import duties, fees, contributions and other taxes, as well as his or her car, personal and household effects up to the amount determined by the competent authority, up to the amount and scope established by the national executive branch.

ARTICLE 104. The embassies and consulates of the Argentine Republic should have the necessary services to keep Argentines informed outside the franchises and other exemptions to return to the country.





ARTICLE 105. The authority for the implementation of this Act shall be the National Directorate for Migration.

ARTICLE 106. The public authorities will promote the strengthening of the association movement among immigrants and will support trade unions, business organizations and non-governmental organizations that, without profit, promote their social integration by providing assistance to the extent of their possibilities.



ARTICLE 107. The National Directorate of Migration shall be the implementing body of this Act, with competence to understand the admission, granting of residences and their extension, in the National Territory and abroad, and may establish new delegations for this purpose, with the aim of granting income permits; extensions of stay and changes of qualification for foreigners. It will also monitor the entry and return of persons to the country and exercise the control of stay and the police of foreigners throughout the Territory of the Republic.

ARTICLE 108. The National Directorate of Migration may delegate the exercise of its functions and powers of the National Directorate of Migration to the institutions that constitute the Auxiliary Migration Police or other national, provincial or municipal authorities, which shall act in accordance with the rules and directives provided to them.



ARTICLE 109. The Governors of Provinces and the Head of Government of the City of Buenos Aires, as natural agents of the Federal Government, shall provide the necessary measures to ensure compliance with this law in their respective jurisdictions, and shall designate the agencies that will collaborate for such purposes with the National Directorate of Migration.

ARTICLE 110. Federal courts shall notify the National Directorate of Migration of the letters of citizenship granted and their cancellation within a period not exceeding thirty (30) days, for the latter to update their records.

ARTICLE 111. The competent authorities that extend a certificate of death of aliens shall notify the National Directorate of Migration within a period not exceeding fifteen (15) days, for the latter to update its records.



ARTICLE 112. The National Directorate of Migration will create those records that are necessary for the implementation of this Act.



ARTICLE 113. The Ministry of the Interior may agree with the governors of the provinces and the Head of Government of the Autonomous City of Buenos Aires to carry out the functions of the Auxiliary Migration Police in their respective jurisdictions and the provincial authorities or agencies that will perform it.

ARTICLE 114. The Assistant Migration Police will be composed of the Argentine Naval Prefecture, the National Gendarmerie, the National Air Police and the Federal Police, which will be obliged to provide the National Directorate for Migration with the necessary collaboration.

ARTICLE 115. The National Directorate of Migration, by charging a percentage of the rates or fines resulting from the application of the present, may meet the costs incurred by the Auxiliary Migration Police, the delegated authorities or those with which it had concluded agreements, in compliance with the agreed functions.



ARTICLE 116. The person who commits, promotes or facilitates the illegal traffic of persons from, in transit or for the Argentine Republic shall be liable to imprisonment or imprisonment from one (1) to six (6) years.

It will be understood by illegal trafficking of persons, the action to carry out, promote or facilitate the illegal crossing of persons, by national border limits in order to obtain a direct or indirect benefit.

ARTICLE 117. A person who promotes or facilitates the illegal stay of aliens in the Territory of the Argentine Republic in order to obtain a direct or indirect benefit shall be punished with imprisonment or imprisonment from one (1) to six (6) years.

ARTICLE 118. The same penalty shall be imposed on anyone who, through the presentation of material or ideologically false documentation, petitions for a third party for some kind of migratory benefit.

ARTICLE 119. The person who conducts the conduct described in the previous article by using violence, intimidation or deception or by abusing a need or inexperience of the victim shall be repressed with imprisonment or detention from two (2) to eight years.

ARTICLE 120. The penalties described in this chapter shall be increased from three (3) to ten (10) years when some of the following circumstances are verified:

(a) If such an activity is done,

(b) In the event, a public official or employee in exercise or on the occasion of his or her functions or with abuse of his or her position. In this case, perpetual absolute disqualification will also be imposed to hold public office.

ARTICLE 121. The penalties set out in the preceding article shall be aggravated from five (5) to fifteen (15) years when the life, health or integrity of migrants has been endangered or when the victim is under age; and from eight (8) to twenty (20) years when the trafficking of persons has been carried out in order to commit acts of terrorism, drug trafficking, money-laundering or prostitution.



ARTICLE 122. This law shall enter into force from publication. The entry into force of this law shall still apply to cases pending a final decision to that date.

ARTICLE 123. The development of the regulation of this law shall be carried out by the implementing authority.

ARTICLE 124. Law 22,439, its regulatory decree 1023/94 and any other rule contrary to this law shall be repealed, which shall, however, retain its validity and validity until the entry into force of the latter and its regulations are established.

ARTICLE 125. None of the provisions of this law shall have the effect of exempting aliens from the obligation to comply with national legislation or the obligation to respect the cultural identity of Argentines.

ARTICLE 126. Contact the Executive.



EDUARDO O. CHANGE. . DANIEL O. SCIOLI. . Eduardo D. Rollano. . Juan Estrada.