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Reforming The Immigration Law.

Original Language Title: REFÓRMASE LA LEY DE EXTRANJERÍA.

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LEGISLATTIVE ASSEMBLY - REPUBLIC _____________________________________________________________________________________

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DECEMBER No. 682

THE LEGISLATIVE ASSEMBLY OF THE REPUBLIC OF THE SALVADOR,

CONSIDERING:

I.- That the Constitution of the Republic of El Salvador establishes in its article 93 that international treaties shall regulate the manner and conditions in which nationals of countries that were not part of the Federal Republic of Central America retain their nationality, despite having acquired the Salvadoran by naturalization, provided that the principle of reciprocity is respected.

II.- For this purpose, the Aliens Act, which has been in force since 1986, has chosen in its article 50 to require the express renunciation of the nationality of origin, which can create difficulties with some States which, even without being part of the Federal Republic of Central America, have internal legal systems that do allow their nationals of origin, to enjoy a dual or multiple nationality.

III.- In accordance with article 94 of the Constitution, Salvadoran nationality by naturalization may be lost, so that if this possibility is considered and the effect of article 50 of the Aliens Act, the circumstances may arise in which cases of statelessness can be generated.

IV.- That the General Assembly of the United Nations, through resolution A/RES/50/152 of 9 February 1996, has called upon States of the world to adopt laws relating to nationality, with a view to reducing cases of statelessness, in line with the fundamental principles of international law and, in particular, prohibiting arbitrary deprivation of nationality and repealing provisions that allow for the renunciation of nationality, without prior ownership or acquisition of any other law, recognizing the same right to acquire,

V.- For all the above, it is essential to introduce the relevant reform to the Aliens Act.

TANTO,

in the use of its constitutional powers and at the initiative of the President of the Republic, through the Minister of Justice and Public Security,

Describe the following:

REFORM TO THE LAW OF EXTRANJERIA

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Art. 1.- Replace article 50, paragraph 1, part one and its final subparagraph, with the following:

“Art.50.-In the act of apprehension, the Minister or Deputy Minister of Justice and Public Security will question the acceptant in the following terms:”

“If the acceptant is originally from a State that did not form part of the Federal Republic of Central America, and between that State and El Salvador, there are existing treaties which, respecting the principle of reciprocity, determine that the acceptant has to renounce his nationality of origin in order to acquire the Salvadoran by naturalization, the first of the questions referred to in paragraph 1 of this article should also be formulated. ”

Art.2.- This Decree shall enter into force eight days after its publication in the Official Gazette.

DADO en EL SALON AZUL DEL PALACIO LEGISLATIVE: San Salvador, at the fifteenth day of May of the year two thousand fourteen.

OTHON SIGFRIDO MORALES, PRESIDENT.

ENRIQUE ALBERTO LUIS VALDES SOTO, GUILLERMO ANTONIO GALLEGOS NAVARRETE, FIRST VICEPRESIDENT. SECOND VICEPRESIDENT.

JOSE FRANCISCO MERINO LOPEZ, FRANCISCO ROBERTO LORENZANA DURAN, TERCER VICEPRESIDENT. VICEPRESIDENT FOURTH.

CARLOS ARMANDO REYES RAMOS, QUINTO VICEPRESIDENT.

LORENA GUADALUPE PEÑA MENDOZA, MANUEL VICENTE MENJIVAR ESQUIVEL, FIRST SECRETARIAT. SECOND SECRETARY.

SANDRA MARLENE SALGADO GARCIA, JOSE RAFAEL MACHUCA ZELAYA, TERCERA SECRETARIA. SECRETARY FOURTH.

IRMA LOURDES PALACIOS VASQUEZ, ERNESTO ANGULO MILLA, QUINTA SECRETARIA. SECRETARY SIX.

FRANCISCO JOSE ZABLAH SAFIE, JOSE SERAFIN ORANTES RODRIGUEZ, SEPTIMO SECRETARIO. OCTAVO SECRETARY.

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CASA PRESIDENCIAL: San Salvador, at the twenty-two days of May of the year two thousand fourteen.

PUBLIQUESE,

Carlos Mauricio Funes Cartagena, President of the Republic.

José Ricardo Perdomo Aguilar, Minister of Public Security.

D. O. No. 93 Volume No. 403 Date: May 23, 2014

JCH/ngcl 26/06/2014

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