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Global Health Econ Sustain Latin American Liberal migration policies

right to migrate. The specific language is powerful: ‘The right It is no coincidence that Argentina is the country with
to migrate is essential and inalienable to all persons and the the most humanitarian and liberal laws on migration,
Republic of Argentina shall guarantee it based on principles considering the integral role migration has played in
of equality and universality. (…) The overarching principle shaping the Argentinian nation. President Alberto
of equality informs the provisions on admission, residency, Fernandez recently reiterated a famous Argentinian joke
and deportation.’ Indeed, although the law does not provide during a meeting with Spain’s prime minister, emphasizing,
for open borders, it nevertheless reflects a philosophical “The Mexicans came from the Indians, the Brazilians came
and human rights orientation” (Hines, 2010, p. 488). In from the jungle, but we Argentines came from boats, and
furtherance of its human rights framework, which includes they were boats that came from Europe.”
the right to migrate, the new law extends standards of Similar to Argentina, Ecuador has also introduced the
equal treatment and non-discrimination to all immigrants. right to migrate and the human rights of migrants in its
The term “immigrant” is broadly defined as any person 2008 Constitution (Articles 40 and 392). In 2017, Ecuador
who intends to enter, travel through, or reside permanently, adopted the Organic Law on Human Mobility, ensuring that
temporarily, or transitorily in Argentina. In addition, the migrants are accorded the same right to work and social
law specifies that immigrants are entitled to the same rights security as Ecuadorians. Immigrants in Ecuador have the
and protections as citizens, particularly with regard to social right to work in the private sector without requiring special
and public services, health, education, access to the justice government permission, and there are opportunities to
system, employment, and social security. The law further work in the public sector or as self-employed individuals.
clarifies that irregular immigration status cannot be used The majority of immigrants in Ecuador originate from
as a justification to deny access to healthcare or education, Colombia and, more recently, from Venezuela. In addition,
whether in public or private institutions at any level. The Bolivia and Uruguay have introduced the right to migrate
latter two provisions impose an obligation on educational as human rights in their legislation.
and health-care authorities to orient and assist non-citizens The situation in Brazil is complex, as “liberal” policies
in resolving their irregular immigration status (Hines, 2010). were not translated into law until 2017, after a year of

As Avigliano (2021) argues: “Although it is the power political turmoil during which the left-wing President
of the state’s authorities to establish mechanisms to control Dilma Rousseff was forced to resign, and the right-wing
the entry into and departure from its territory in relation Temer government was in place. While the preceding
to individuals who are not nationals, these devices must be left-wing Lula government had implemented liberal
compatible with the human rights protections to which the migratory policies, it had not amended the 1980 Statute
state has committed itself.” This commitment protects of the Foreigner — a security approach approved under
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migrants from being expelled from the country. In situations the dictatorship. The most important measure was the
where a migrant raises a written objection on being notified granting of humanitarian visas and permanent residency
of the expulsion order, the National Migration Directory to roughly 98,000 Haitians in the aftermath of the 2010
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must give immediate intervention to the Public Ministry of earthquake in Haiti. In December 2014, Brazil promoted
Defence, ordering the suspension of any procedure and the the Brazil Declaration and Plan of Action, adopted by
current deadlines in the administrative actions until 28 Latin American countries and three territories. The
the Ministry is involved or the concerned party receives declaration aimed to maintain high standards of protection
the legal assistance necessary to safeguard their interests. and introduce innovative solutions, including new visa
categories, for refugees and displaced individuals. These
25
23 https://www.e-ir.info/2021/04/25/argentinas- policies were designed to accommodate the growth of
migration-law-and-fundamental-human-rights- those in need of protection. While the 2017 migration
discourse-and-principles/ law in Brazil does not completely follow the human rights
24 The body in charge of applying migration policy approach of other Latin American laws, it does establish
throughout the Argentinian Republic has been the
National Migration Directory. It was created in 1949 regulations against discrimination and xenophobia and
and falls under the executive branch. It has the aptitude gives immigrants the right to unionize and participate
and jurisdiction to act in the admission and granting in political demonstrations. The most liberal aspects of
of residents, to establish new delegations all across Brazilian law concern humanitarian permits and refugee
the country, to control the entry and exit of people to matters. “While other countries around the globe are
the country, and to exercise control over permanent restricting the entrance of refugees, Brazil’s New Migration
residents in the entire territory of the Republic (Article Law and its implementing decree, Decree No. 9,199, are
107, Law No. 25.871). It also has the authority to
intervene whenever the Migration Law is violated. 25 https://www.acnur.org/5b5101644.pdf

Volume 1 Issue 1 (2023) 8 https://doi.org/10.36922/ghes.0861