Reshaping migration laws in South America
Immigration regulation has long been a legal and political challenge in South America. Professor Diego Acosta has produced extensive research on the issue that has decisively influenced several articles of major new immigration laws adopted in Brazil and Ecuador.
Impact: At-a-glance
- In 2017, Professor Diego Acosta contributed to the final wording of specific articles in new migration legislation that repealed laws adopted under military regimes in Ecuador and Brazil
- These new laws were highly significant changing the way that both countries regulate irregular migration, family reunion, and the rights of South American nationals
- This had a positive impact on the lives of thousands of South American nationals that have subsequently been able to obtain residence permits
Over the past decade, Professor Acosta has made a distinct contribution to the field of immigration law, publishing a body of internationally recognised research that has expanded on the meaning of three emerging principles that have been debated in South America since 2000:
- The non-criminalisation of irregular migration (i.e. migration that occurs outside of laws, regulations, or international agreements)
- The right to migrate as a fundamental right
- The construction of a South American citizenship
Subsequently, his research and advice decisively influenced the inclusion and content of key provisions in major new immigration laws in both Brazil and Ecuador, that were based on these three emerging principles.
In Ecuador, Acosta provided written advice to parliamentarians which led to the incorporation of a whole chapter (Chapter IV, Arts. 83-89) on South American citizenship in the final version of a new 2017 Law on Human Mobility, effectively repealing the previous 1971 law. In Brazil, Acosta’s research influenced the final drafting by the Ministry of Justice´s Committee of several provisions of its 2017 Lei no. 13.445, repealing the country's 1980 Migration Law.
These new laws were highly significant because they changed the way that both countries regulate irregular migration, family reunion, and the rights of South American nationals. This positively impacted the lives of at least 128,617 South American nationals who were able to obtain a residence permit in Ecuador between 2017 and 2019 and a further 22,851 in Brazil who obtained a permit in 2018.
[Acosta’s work] has enormously contributed to the discussions on the new law and to the drafting of some of its articles.
Professor Acosta continues to influence migration laws in South America. In 2019, he presented his research to Ecuador's parliament.
Impact in Action: Continuing influence
In 2019, the President of the Ecuadorian Parliament International Relations Committee invited Professor Acosta to present his vision on how to reform and improve certain aspects of the 2017 migration law.
- Before the presentation, Acosta sent a 10-page document with legal suggestions and devoted his presentation to the need of enhancing permanent regularisation mechanisms for migrants in an irregular situation.
- Acosta’s aim was to address the fact that despite the approval of the new law, there were still thousands of Venezuelan nationals who could not fulfil certain conditions and remained with irregular immigration status.
- Acosta subsequently held discussions with officials at the Ministry of Foreign Affairs and later with the Vice-Minister of Human Mobility
Professor Acosta's advice contributed to Ecuador adopting a new regularisation procedure for Venezuelan nationals that benefited a further 38,243 people.
Acosta has since been invited by the Chilean Senate, Peru´s Congress, MPs in Uruguay, or the Organization of American States, to continue offering his expertise and advise on matters of migration regulation and reform (2020-22).
Publications
- Acosta D. and Harris J. (2022) Migration Policy Regimes in Latin America and the Caribbean: Immigration, Regional Free Movement, Refuge, and Nationality
- Acosta D. (2018) Global Migration Law and Regional Free Movement: Compliance and Adjudication – The Case of South America
- Acosta D. (2018) The National Versus the Foreigner in South America: 200 Years of Migration and Citizenship Law
- Acosta D. (2018) Undocumented or Irregular Migrant Workers under the Model International Mobility Convention: Rights and Regularization
- Acosta D. and & Freier L.F. (2015) Turning the Immigration Policy Paradox Up-side Down? Populist Liberalism and Discursive Gaps in South America
- Acosta D. and & Freier L.F. (2015) Beyond smoke and mirrors? Discursive gaps in the liberalisation of South American immigration laws
- Acosta D. (2015) Towards a South American Citizenship? The Development of a New Post-national form of Membership in the Region
- Acosta D. (2014) Rethinking Attractiveness: The Case of South America