What the promulgation of the law that can limit the entry and transit of foreigners in Peru entails

Last Wednesday, February 15, through a publication in the Official Journal El Peruano, the Congress of the Republic promulgated a migration law which establishes limits on the entry and transit of foreign citizens in Peru, within the framework of legislative measures in favor of the security of citizens. The standard has caused rejection by some institutions such as the Office of the Ombudsman.

With the promulgation of the notice, articles 10, 45, 61 and 63 of the said law Migration Legislative Decree. The change in the second of them is one of those that has caused the most controversy.

The amendment to Article 10 indicates that the foreign must respect the regulatory framework in force, “in particular with regard to the historical and cultural heritage of Peru, public order, internal order, national security, public security and health and environmental regulations”.

Meanwhile, the amendment to Article 45 considers “the generalities of the immigration control and states that “for reasons of national security, public health, internal order, public order and the safety of citizens, the entry and transit of foreignersin accordance with the principle of proportionality and sovereignty”.

In addition, the amendment to Article 61 establishes obligations for tenants of dwellings. The standard states that foreigners must be required to have documents proving their immigration status as a condition for rental agreements and the tenant must inform the National Migration Superintendence.

In accordance with the amendments approved for article 63, tenants who provide accommodation without providing the date of birth, surnames, first names, as well as the identity or travel document number of their tenants and do not transmit this information to migrationsThey will be punished with fines.

The new standard establishes, as a complementary provision, that the Executive power adapt the regulations within a period not exceeding 30 calendar days.

Percy Castillohuman rights assistant Mediatoraffirmed that in the opinion of the institution, that to which the law in question belongs “contains provisions which are unconstitutional”.

“What is being proposed is a laudable goal: to provide and improve security, but the way it has been developed is absolutely inconsistent with our constitution and international treaties,” he said.

He said that this is a law that instead of improving the security of citizens, what it will create is a black market rentalwhere the data will be more hidden and in the long run it will end up directly harming the migrants and refugees who are in Peru.

“And also, for example, to people who rent real estate to them, who live by renting apartments, houses, etc. It is therefore a standard with an interesting horizon, but unfortunately its content is poorly developed,” he said.