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Global Health Econ Sustain Latin American Liberal migration policies

Since the early 2000s, while Western governments region appears to defy the “numbers vs. rights” hypothesis,
embarked on increasingly restrictive immigration policies, the trade-off between a host state’s openness in terms of
Latin American countries abandoned the securitization access for migrants to its territory and the extensiveness
and criminalization of migrants approach that had been of rights it grants to immigrants (Ruhs & Martin, 2008).
imposed during the time of the military dictatorships in “The right to migrate that is now enshrined in Argentine,
the 1970s and 1980s. Instead, these nations placed a clear Bolivian, Ecuadorian and Uruguayan migration laws and in
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emphasis on migrants’ rights and the promotion of free various regional declarations symbolizes this new approach
human mobility, inaugurating what has been called “the to migration management.” (Freier De Ferrari, Luisa Feline,
liberal tide.” 2016, p.15).

The “discursive paradigm shift” (Freier De Ferrari, The “liberal” tide extends its influence to encompass
Luisa Feline, 2016) appeared in regional documents such refugee protection, a notion reinforced by the findings
as the declarations stemming from the South American derived from the data aggregation carried out by Latin
Conference on Migration (SACM), also known as the American progressive alliance (Fernandez-Rodriguez
Lima Process, which was established in 2000. The SACM et al., 2020; Freier & Jean-Pierre, 2020; Hammoud-Gallego,
aims to provide “a platform for consultations for South 2021). This holds notable significance, particularly
American countries in the primary areas of development; considering that the region has been engulfed by one of
diasporas; rights of migrants; integration; information the most significant refugee crises in the world — the one
exchange; migration statistics; climate change; counter- that occurred in Venezuela — resulting in approximately 6
trafficking and counter-smuggling.” Its foremost priority million refugees and migrants scattered across Colombia,
centers on “Ensuring respect for the human rights of Peru, Brazil, and Chile (Cantor 2015). The United Nations
migrants regardless of their status.” At the opposite of High Commissioner for Refugees (ACNUR) reports that
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what is happening in Europe, the SACM approach reflects a the American continent hosts a total of 20 million refugees,
“consensus against the criminalization of (undocumented) asylum seekers, and internally displaced individuals.
migrants” (Hansen, 2010, p. 26). While headlines often spotlight the movement toward the

These discourses preceded and accompanied the United States, it is noteworthy that a substantial majority,
adoption of new migration laws between 2000 and 2018 around 18.4 million individuals, settle in Latin American
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in most Latin American countries (Cantor et al., 2015; and Caribbean countries.
Freier & Arcarazo, 2015). Noteworthy instances include Last but not least, since 2004, Mercosur/Mercosul
Argentina in 2003, Venezuela in 2004, Ecuador in 2008, countries started to relax migration policies for nationals
Uruguay in 2008, Mexico in 2011, Bolivia in 2013, and of other member States, though entry rules for other South
Brazil in 2017. These newly established legislations can be American immigrants varied. The easing of restrictions has
defined as “liberal” or “of liberalization” (Mármora, 2010; led to a notable upswing in the movement of individuals
Cernadas & Freier, 2015; Freier & Arcarazo, 2015). and commodities between Argentina, Bolivia, Brazil, and
The definition of “liberal” as applied to migration laws Uruguay. This transformation has notably resulted in tens of
in Latin American countries pertains to the translation of thousands of Bolivians undertaking migratory movements
the non-criminalization principle and the emphasis on the between Brazil and their home country, taking advantage of
universality of migrants’ rights and on how these apply to visa-free entry. “In fact, it may be argued that South America,
all non-nationals irrespective of their national origin and through the declarations of both the SACM and national
legal status, propelling an open stance on immigration, governments, is the region with the most progressive discourse
increasing migrants’ rights and non-discrimination in worldwide in terms of the recognition of universal migrants’
ethnic terms. In Latin America, immigration policies are rights, including those in an irregular situation” (Luisa Feline
characterized as “liberal,” marked by their expansive scope Freier and Diego Acosta Arcarazo, 2015, p. 38).
regarding both accessibility and rights. At first glance, the 2.2. New migration laws in Argentina and Brazil

20 To give an example, the Argentinian military junta had Argentina’s 2004 Migration Law No. 25.871, adopted
adopted in 1981 the Ley Videla that retreated from the under President Kirchner’s center-left administration,
open immigration laws and policies of the past. The represents one of the most comprehensive and progressive
stated purpose of the law was to promote immigration immigration reforms in Latin America, proclaiming the
of those persons “whose cultural characteristics allow “right to migrate.” “The most novel and ground-breaking
for adequate integra- tion into Argentine society. provision of the law is the recognition of the fundamental
21 https://www.iom.int/south-american-conference-
migration-sacm 22 https://news.un.org/es/story/2023/05/1521117

Volume 1 Issue 1 (2023) 7 https://doi.org/10.36922/ghes.0861