Last Tuesday, the Peruvian Executive promulgated a legislative decree that introduces significant changes to the country’s immigration law.
The modification establishes an exceptional special administrative sanctioning procedure, designed to expedite the expulsion of foreigners in an irregular situation, as well as those who commit crimes against citizen security and internal order.
This new sanctioning procedure will apply both to those who enter the country by evading immigration control and to those who carry out activities that threaten public or internal order, national security or citizen security. These actions will be considered violations according to article 58 of the immigration law.
Highlighting the speed of the process, a single hearing is established, which can be virtual or in person, and must not exceed 24 hours from the administrative detention of the foreigner by the National Police. The procedure consists of two phases: an investigative phase that begins with the imposition of charges by the immigration investigative authority, supported by a report from the National Police, and another sanctioning phase that concludes with the notification of the resolution of the sanctioning authority.
If the violation is proven, Migrations will issue a sanction resolution that will order immediate expulsion. However, if additional actions are required, the case will be referred to the regular administrative procedure.
In addition, the regulations also establish sanctions for interprovincial transport companies that transport foreigners in an irregular situation. The Superintendence of Migration has the power to sanction maritime, river or lake transport operators who do not send crew registration and control information within 48 hours of their arrival or departure to Peruvian territory.
On the other hand, the law allows Migrations to supervise lodging services, giving them the responsibility of facilitating immigration verification actions. Those who fail to comply with this obligation could face sanctions.
The Immigration Superintendency reported last Saturday that Peru has received 214,633 applications in six months to obtain the Temporary Permanence Permit (PTP), which allows the immigration status of foreigners to be regularized.
He added that 94% of the applicants for this permit, whose processing expired on Friday, are Venezuelans, 2.4% Colombians, 0.9% Cubans, 0.6% Ecuadorians and 1.8% from other countries. .
