1. Can any determined group of
immigrant workers and their family members be expelled as a group from
2. What is the competent authority
to determine whether an immigrant worker and members of his family can
be expelled from your country? Is it the same authority for both
regular and irregular immigrant workers?
a) Can an immigrant worker and his
family members who are expelled from your country go to a country
other than his country of origin?
b) What is the administrative or
court procedure to expel an immigrant worker and his family members
from your country? Are there different procedures for regular
immigrant workers and irregular immigrant workers?
c) Do both regular and irregular
immigrant workers have court remedies to apply for or seek a review of
the measure? If so, could you indicate what these actions are and
d) When such a review is pending, is
the immigrant worker expelled or can he remain in your country until
the review is finally resolved?
e) In what language are immigrant
workers informed of the decisions of administrative or court
3. If an immigrant worker and his
family members are expelled under the terms of a resolution from an
administrative authority and the resolution is later nullified, does
that person have a right to any compensation? If so, can you describe
the procedure followed to obtain such compensation?
4. After an expulsion resolution is
issued, how much time is given to the immigrant worker and his family
members to leave the country? What information is taken into account
to determine how much time they have before they must leave your
5. If an immigrant worker is
expelled or deported, whether he is regular or irregular, what happens
to any pending matters related to him, an example being any wages owed
Yes, they can be expelled as stipulated in Article 48 of
Supreme Decree Nº 24423, “Legal Migration Regime.”
The competent authority for expelling or deporting regular and
irregular immigrant workers, as stipulated by the Legal Migration
Regime, is the National Migration Service.
Expelled immigrant workers and their family members may not go
to any state of their choosing: if they are from a neighboring country
they are returned to their country of origin; those from
non-neighboring countries are deported from their original points of
The administrative procedure for expelling immigrant workers
and their families is carried out by the National Directorate of
Inspections and Confinements, an agency of the National Migration
Service, by means of a resolution issued in accordance with Articles
20 and 48 of the Legal Migration Regime.
Immigrant workers, regular and irregular alike, may bring legal
action to challenge that measure or appeal against it within the
following 48 hours; such appeals must be answered by a legal report
within 48 hours of the case being received by the National Juridical
Directorate, and they must be resolved by the Director of Migration
within 72 hours of his receiving the case file and the corresponding
Immigrant workers awaiting for such a review will remain in the
country while a final resolution is reached.
The authorities’ decisions are communicated to the immigrant
workers in Spanish.
Immigrant workers and their family members expelled by an
administrative authority under a resolution that is subsequently
cancelled are not entitled to any compensation.
Once the expulsion resolution has been issued, the National
Directorate of Inspections and Confinements will take the immigrant
worker to the place where his deportation is to take place within a
period of 48 hours.
For all the immigrant worker’s pending affairs-such as wages
still owed, etc.- the consulate of his country shall act on his
A case for such expulsion is made to the Honorable Minister
responsible for Immigration.
The immigrant is expelled.
In a language which they understand.
The person is expelled immediately.
It is ensured that his salary and all benefits are paid to him.
No. Mass expulsions do not occur in Costa Rica: each individual’s
case is processed separately, to allow them to pursue the remedies
available on a personal basis.
The Director General for Immigration and Nationality.
Yes. It is covered by Article 119 of the General Migration and
Nationality Law, which states that: “The General Directorate will
order the foreigner to be deported to his home country or to another
country that will admit him.”
They are different procedures:
deportations, the procedure can be initiated on an ex officio basis or
at the instigation of private citizens. Ex officio proceedings begin
when immigration authorities or any other government officials are
made aware that a foreigner could be in one of the situations set
forth in law as causes for deportation. The same applies to foreign
convicts who have served prison time.
begin at the instigation of private citizens when said citizens
present a formal complaint to the immigration authorities in any part
of the country. In all deportations, a case dossier will be prepared,
gathering together all the documents related to the case and leaving
record of all formalities pursued, such as investigations, eye-witness
inspections, interrogations, witness statements, any personal
complaints that were filed, etc. The case dossier will also contain
reports from other national or foreign police agencies and any
correspondence entered into in connection with the case. In addition,
the individual who is to be deported shall be clearly identified.
the dossier has been completed with all these documents, and when all
the necessary formalities have been carried out, it shall be forwarded
to the Migration Legal Office for it to be studied and a report to be
issued. If the study indicates that due process was observed and that
deportation can proceed, a resolution signed by the Director General
of Migration and Nationality ordering the deportation shall be issued.
contrast, the established procedure for expulsions is set forth in
Chapter III, “Expulsions”; it is specifically dealt with by
Article 123, which indicates who is to issue the pertinent resolution.
The remedies of cancellation and appeal against the Director
General’s resolution are admissible only if the cause of the
deportation is one of those set forth in paragraphs 3, 4, and 5 of
Article 118, which reads as follows:
118. Deportation is an action ordered by the competent immigration
authority by means of which foreigners in any of the following
situations are to be placed outside the nation’s territory:
Remaining in the country once the period of time authorized has
Remaining in the nation’s territory after residence
permission has been cancelled.
When the permits of non-residents are cancelled and they do not
leave the country in the allotted period of time.
law thus excludes the possibility of appealing against the provisions
of paragraphs 1 and 2 of Article 118, which cover illegal entry and
the use of falsified documents to obtain entry or residence.
cancellation or appeal must be filed with the General Directorate
within five working days of notice being served, along with all the
evidence deemed necessary. Cancellation remedies must be resolved by
the General Directorate within no more than 30 days of the date on
which they were filed. After that time, the remedy shall be considered
denied. If a remedy for appeal was also filed, it shall be immediately
forwarded to the Ministry of Public Security, the Interior, and
Police, where it shall be studied and a resolution issued. In such a
case, after a negative ruling on the cancellation, the General
Directorate shall admit the appeal and summon the appellant to appear
before the Minister within the following three days to assert his
rights. The Minister of Public Security, the Interior, and Police
shall resolve appeal remedies within a fixed period of 15 working days
following receipt of the case file.
addition, the resolution ordering expulsion may be appealed against on
one occasion before the Third Chamber of the Supreme Court of Justice.
appeal writ shall contain all the evidence. The Chamber shall issue
its ruling no later than eight working days after the date on which
the documents were presented.
With both expulsions and deportations, as long as the
cancellation and appeal remedies have not been resolved on time, the
effects of both are suspended until the appellate authority has issued
Communications are in the Spanish language. However, a recent
ruling by the Constitutional Chamber established that to ensure due
process, foreign citizens who do not speak Spanish shall be entitled
to the assistance of an official translator during the entire
In this regard, it should be noted that until the appeal remedy
has been resolved by the Interior Minister (for deportations) or by
the Third Chamber of Supreme Court of Justice (for expulsions), the
effects of the administrative order are suspended. If the expulsion or
deportation is carried out before the appeal is resolved, Costa Rican
law provides for a series of instruments, such as amparo relief, to guarantee the individual’s basic rights and
freedoms. Said relief may be filed at any time as long as the
violation, threat, disturbance, or restriction remains in effect and
until two months after the direct impact thereof on the victim has
expulsions and deportations and because it is a positive action, the
ruling granting amparo
relief shall be intended to restore or guarantee the victim’s full
enjoyment of his rights and to reinstate, when possible, the prior
state of affairs.
resolutions admitting the relief will theoretically entail
indemnification of the damages inflicted and payment of the costs of
Although the General Migration and Nationality Law does not
stipulate a specific period of time, past decisions from the
Constitutional Chamber have ruled that it must be “the time that is
strictly necessary,” arrest, and transfer. Once the deportation or
expulsion is decided, the individual must be documented at his
consulate and immediately transferred, with all his belongings, to the
border area or, alternatively, transport negotiations must begin with
an airline. Generally, efforts are made to streamline the process, but
on occasions it is hindered by bureaucratic formalities; for example,
if the consulate is closed and unable to process the paperwork.
In connection with this issue, on January 14, 1997, the
immigration directors of Costa Rica and Nicaragua exchanged notes
establishing, inter alia,
“the right of full consular protection, the right to take personal
belongings and to receive wages and other benefits owed.”
This is possible, however, presently no group has been so
Depending on the circumstances the Ministry of National
Security and Justice in collaboration with the Ministry of Labor,
Social Security and Sports would determine whether an immigrant worker
can be expelled.
Once a worker and his dependents are expelled from Jamaica,
they may return to their country of origin or any country that they
have permission to enter.
If for any reason an irregular or regular immigrant worker is
brought before a court and ordered deported, the Minister would issue
an Order against him.
The particular circumstances would determine whether an
application should be made to the Court or the Ministry.
This would be determined by the merits of the case.
The immigrant has no right to compensation.
The time period for departure would depend on the circumstances
for expulsion. The worker may be required to leave forthwith or as
soon thereafter as arrangements for repatriation/onward journey are
Each case is treated on merit.
Expulsion is applied solely and exclusively to individuals
involved in criminal activities, or when they do not meet the
requirements set for those purposes.
causes for expulsion could include cancellation of a residence permit
or visa, considerations of public order, defense, or domestic
security, or behavior in contravention of the principles and interests
of the government.
a foreigner is a repeat offender in serious crimes of types that
threaten society, such as trafficking in human lives, weapons, or
The Interior Ministry is the agency responsible for ordering
expulsions, be they of regular or irregular immigrants.
expelled foreigner is free to choose the country he wishes to enter,
subject to entry authorization from the state in question.
Directorate of Migration and Nationality is responsible for carrying
out deportations and expulsions. However, such expulsions do not
oblige a foreigner to leave the country and enter the territory of a
government that is pursuing him for political reasons or where his
life or that of his family would be in danger.
administrative procedure is for the agency or institution hiring the
migrant worker to lodge a request with the Directorate of Migration
and Nationality, indicating their reasons; the Directorate then issues
a resolution on the matter.
foreigners, irrespective of their status in the country, are entitled
to file appeals with the competent authorities for the review of any
measures they deem unfair or legally inadmissible. The procedure is
based on a written submission (Review Remedy) that the foreigner files
with the Directorate of Migration and Nationality and in which he
explains his grievances; once it has been lodged, a resolution, be it
favorable or not, must be issued within 15 days.
the resolution goes against him, he may appeal to the Interior
Ministry; if the Ministry’s resolution is negative, he may file a
final appeal with the Supreme Court of Justice; and, while the matter
is being resolved, he may remain in the country until a final
resolution is issued.
is not a barrier for a foreigner to be apprised of a decision or
resolution; if he does not understand Spanish, the services of an
interpreter will be provided.
Consideration is given to the reasons for the expulsion and to
the terms set by the competent authority (Interior Ministry); however,
since deportation is a power exercised directly by the Directorate of
Migration and Nationality, that agency sets a period of three days
following notification of the order to leave the country.
Article 57 of the Nationality Law defines migratory offenses
and does not relieve employers from paying wages, salaries, or other
forms of remuneration to the foreign staff hired by them. This article
applies to irregular migrant workers.
In such an instance, the circumstances surrounding the case
would have to be studied.
The National Directorate of Migration and Naturalization is the
competent national authority responsible for ruling on the expulsion
or deportation of migrant workers and their families, irrespective of
their status. In this regard, we can point out that the National
Directorate takes pains to ensure that immigrants are directed to
states other than their countries of origin.
procedure followed for deportations or expulsions, as appropriate, is
Once an arrest order has been issued, in the form of a
resolution, notice is served on the individual in question.
The resolution ordering deportation or expulsion is drawn up,
and the Director and Subdirector of Migration sign it.
The individual in question is personally notified.
either instance (arrest or deportation), the individual may file for
one of several forms of relief: habeas corpus, with the Supreme Court
of Justice; reconsideration of the resolution, with the Director of
Migration; or an appeal with the Ministry of Government and Justice,
the immediate superior of the immigration officials.
one of the above remedies is filed, execution of the order is
administrative decisions are issued in Spanish; however, when so
required, the services of an interpreter are used.
The law stipulates that once the last notification has been
issued, the immigrant has three days to leave the country.
They cannot be expelled.
The regular courts and/or competent administrative or judicial
They can go to any state they choose that is willing to admit
Legal procedures are provided for in the Migrations Law.
They are allowed to remain in the country.
Notice is served in their own language.
No such cases have been reported. The procedure if anything
like that were to occur would be to take legal action before the
Determined by the resolution in each specific case.
If the migrant worker’s situation is in order, he can appeal
to the regular courts. This does not apply to irregular migrants.
1. Are irregular immigrant workers
and their family members entitled to fair trial and court protection
on the same terms as citizens of your country? Can an irregular
immigrant worker be expelled from your country merely by appearing
before the court system for any other matter? Are legal counsel
services available to migrant workers who are unable to pay the legal
services of a professional?
2. Are immigrant workers and their
family members entitled to appear before the diplomatic authorities of
their country of origin or to seek assistance for the protection of
their rights, or from the authorities who represent the interests of
that country? If so, how is that right made available to the migrant
workers and their family members?
Irregular immigrant workers and their families do not have the
same right to judicial guarantees and judicial protection in the same
terms as Bolivian nationals.
irregular immigrant worker cannot be expelled from the country simply
for appearing before the courts; the matter that brought him before
the law must first be analyzed. For example:
it is for a crime punishable by more than six months in prison, the
worker will be expelled from the country.
immigrant workers appear before the courts to denounce violence or
abuse committed against them or their families, they cannot be
deported, because they can straighten out their legal status in the
Bolivian State provides free legal advice services, known as the ‘public
defense’ system, which are available to irregular immigrant workers.
Yes, they have every right to seek assistance from the
diplomatic authorities representing their home countries.
Yes, No, Yes.
Under Article 39 of the Constitution, due process is guaranteed
as a constitutional right, irrespective of color, religion, or
nationality. That same legal guarantee grants individuals the right to
appear before the courts and to assert their rights, irrespective of
migratory status, because the protection of human dignity stands above
Yes. Our neighboring countries’ diplomatic missions usually
provide legal services that advise their nationals.
Yes; No; Depending on the nature of the matter pro bono legal
services may be available.
Immigrant workers may seek assistance from their diplomatic or
other authorities who represent the interest of that country. No
special measures are undertaken by the Government to facilitate that
interaction in normal circumstances. However, if a foreign national is
detained on criminal charges efforts are made to contact the
appropriate authorities, in accordance with Jamaica’s Treaty
All migrant workers, whether regular or irregular, are entitled
to ask their duly accredited embassies or consulates for support and
protection if their rights are violated.
Should foreigners violate the laws of our country, they are
detained in the immigration offices and reported to the Foreign
Ministry within five
working days during which a resolution of the matter is made; in
addition the Foreign Ministry informs the respective embassies so that
they might take cognizance of the matter and make contact with their
Yes; both irregular immigrants and their families are entitled
to judicial guarantees and protection under the same terms as
Panamanian nationals; they are even not necessarily expelled from
Panama when they have to appear before the courts.
As regards legal advice services, Panamanian law stipulates
that any person who is arrested is entitled to the assistance of a
Yes; migrant workers and their families are entitled to contact
diplomatic authorities to seek help in asserting their rights. Such
requests can be made by telephone, in notes or personal messages,
through the National Directorate of Migration and Nationalization, or
by means of any other form of communications.
Only migrants whose situation is in order can appeal to the
regular courts. Irregular migrants can be expelled from the country.
The relevant consulates are responsible for providing the
assistance that migrants require.
In addition, the Paraguayan Episcopal Conference, through its
pastoral services for migrants, offers professional legal services.
2. Peru provides all the facilities necessary for foreigners to receive assistance from accredited diplomatic or consular offices in the country.