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   5.         Massive Expulsion, proceeding of expulsion  

1.         Can any determined group of immigrant workers and their family members be expelled as a group from your country?


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 describe them?

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 authorities?


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 country?


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 to him?



1.       To determine the expulsion of an alien who is lawfully or unlawfully in the country. It is applied to an alien who in any manner poses a threat to national security, political or social order, public morals or the national economy, or whose actions are contrary to the national interest. It is also applied to those who used fraud to enter or remain in Brazil, or who entered the national territory in violation of the law, if they have not left within the prescribed time and their deportation is not desirable; and to those who are engaged in vagrancy or begging or disregard the prohibition established expressly in the Law Governing Foreigners (Article 66 of Law No. 6,815/80, as amended by Law No. 6,965 of December 1981).  

a.       Yes. Expulsion is the compulsory removal to the country of origin or another country of the alien’s choice that will admit him or her.  Three separate instruments involve the forced removal of aliens from national territory: deportation, expulsion, and extradition. The sole paragraph of Article 58 of Law No. 6,815/80, concerning deportation, provides that “deportation shall be to the country of which the alien is a citizen or from which he or she has come, or to another country that agrees to admit him or her.”  

b.       Expulsion is an act to defend the state, involving the removal of an alien considered detrimental to the national interest.  Normally, and almost invariably, it is applied to an alien who is convicted of a crime.  He or she is deported after serving the sentence.  The proceeding begins with a hearing, at which the alien has full right to counsel.  The expelled alien may not reenter Brazil.  Return is a crime under Article 338 of the Penal Code.  It should be noted that aliens are not expelled if they have a Brazilian child in their custody, who is financially dependent upon them, or if they have had a Brazilian spouse for more than five years.  

c.       The law contemplates the possibility of canceling the expulsion process if it is incorrectly applied or if there is new evidence to warrant reconsideration of the case. It is always an administrative proceeding. The alien, like a Brazilian, is entitled to a full defense and to make counter motions. He or she may file suit to overturn or reverse the proceeding. The principle of counter motions is an integral part of the expulsion investigation. Article 95 of Law Nº 6,815/80 provides that “aliens resident in Brazil are entitled to all the rights afforded to Brazilians under the Constitution and applicable law.”

  d.       If the alien was already expelled, he or she must remain out of the country and his or her attorney can pursue the case. If he or she has not been expelled, the decision is stayed pending final adjudication.  

e.       In Portuguese, presuming that the person has a basic understanding of the language. If not, there is an attempt to communicate in Spanish or English, the most common foreign languages in Brazil.  If it is necessary, voluntary interpreters from the respective diplomatic or consular mission may be used.  If they are not available, the person must rely on the good will of third parties, such as nongovernmental organizations that aid immigrants.  

2.       As mentioned in item 34-c, the right of all persons to have access to the courts is guaranteed. If the alien believes that the order for expulsion was unjust or arbitrary, after the expulsion was cancelled he or she may sue for material and moral damages. The final decision is up to the courts.  

3.       There is no set time. As soon as the case is decided by the court, the alien is expelled, by presidential decree.  When the decree is published in the Official Gazette, the Federal Police Department of the Ministry of Justice sends to the Ministry of Foreign Affairs (Directorate of Consular and Legal Affairs and Assistance for Brazilians Abroad) the detailed expulsion order. The Federal Police then takes the necessary steps to carry out the deportation as rapidly as possible and takes the alien to the airport or border post.  

4.       Nothing prevents an alien from executing a power of attorney to have someone follow the proceedings in Brazil.  The Law guarantees payment of wages for legal work. There is no way to guarantee payment of wages from illegal exercise of a profession.  

5.       Item 32 enumerates the causes that give rise to deportation or expulsion of aliens. In Brazil, access to legal aid is free and a constitutional principle regulated by law. Legal aid is provided to persons who lack the financial resources to pay court costs and lawyer’s fees, determined on the basis of a socio-economic profile of the individual. In theory, the public defender is available to persons who earn less than five times the minimum wage and lack substantial assets.   


          1.         No.  

          2.       At ports of entry and inland offices, senior immigration officers are authorized to issue departure orders and exclusion orders of most persons in violation of the Immigration Act.  

          Other persons whose cases have not been resolved by a senior immigration officer, or who are not allowed to enter Canada or who, after entering Canada, are alleged to be in violation of the Immigration Act or Regulations, have the right to be heard at an immigration inquiry.  Adjudicators from the Adjudication Division of the Immigration and Refugee Board preside over these inquiries.  These adjudicators are individuals specially trained in immigration law and related elements of civil, criminal and administrative law.  Adjudicators have the powers of a Commissioner under Part 1 of the Inquiries Act.  

          Those facing an immigration inquiry have the right to be represented by the counsel of their choice at their own expense and the right to be heard in their own language, through an interpreter, at no expense. The right to counsel is dealt in section 30 of the Immigration Act and in sections 27 to 39 of the Immigration Regulations.  

a.       This may depend on circumstances such as documentation, country of last permanent residence, willingness of country of origin to take back the concerned individual(s).  

          Subsections 52(1), (2) and (3) of the Immigration Act provide as follows:  

52 (1) Voluntary Departure - Unless otherwise directed by the Minister, a person against whom an exclusion order or a deportation order is made may be allowed to leave Canada voluntarily and to select the country for which that person wishes to depart.


52 (2) Place to Which Removed - Where a person is not allowed to leave Canada voluntarily and to select the country for which he wishes to depart pursuant to subsection (1), that person shall, subject to subsection (3), be removed from Canada to:


(a)      the country from which that person came to Canada;

(b)      the country in which that person last permanently resided before he came to Canada;

(c)      the country of which that person is a national or citizen; or

(d)      the country of that person's birth.


52 (3) Idem - Where a person is to be removed from Canada and no country referred to in subsection (2) is willing to receive him, the person, with the approval of the Minister, or the Minister, may select any other country that is willing to receive that person within a reasonable time as the country to which that person shall be removed.  

          b.       Canada does not expel immigrants or temporary workers legally in the country (in regular status). The procedure for persons illegally in Canada (not in regular status) are as follows:  

          The Adjudication Division of the Immigration and Refugee Board, conducts immigration inquiries and detention reviews initiated by senior immigration officers for certain persons believed to be inadmissible to, or removable from, Canada in the Immigration Act. Adjudicator's power include the following:  

-        Departure order - A removal order made against a person who has violated the Immigration Act or Regulations. It requires that the individual obtain a Certificate of Departure and to leave Canada within a period of time specified in the Immigration Regulations. If the person does not leave the country within that time, the departure order automatically becomes a deportation order.  

-        Deportation order - Directs the removal of a person from Canada who either inadmissible or has violated the Immigration Act and Regulations. A person who is the subject of a deportation order will be removed from the country and may not return without the consent of the Minister of Citizenship and Immigration.  

-        Exclusion order - Requires a person to be removed from Canada. After an exclusion order has been carried out, the person cannot return to the country for at least one year after the departure date without the consent of the Minister. If the person wishes to return to Canada during this period, he or she must initiate a request for the Minister's consent at a visa office abroad.  

-        Inclusion of family members - After each dependant has been heard at an inquiry, an adjudicator may include dependent family members in a removal order unless they are Canadian Citizens or permanent residents aged 19 or over. Dependent family members included in a removal order do not require the Minister's consent to return to Canada. 

          As indicated earlier, Section 30 of the Immigration Act recognizes that persons facing an immigration inquiry are entitled to be represented by counsel if they desire, but that shall be at the person’s own expense. However, representation by counsel may be funded through legal aid.  

            c.         Judicial review of decisions under the Immigration Act is available, with leave, before the Federal Court Trial Division pursuant to s. 82.1 of the Immigration Act.  In the immigration context, the Court's stated test for granting leave i snot rigorous --an applicant need only show that there is a "fairly arguable case" or a "serious question to be determined" for leave to be granted.  

            d.         The person can remain in Canada pending review.  

          e.         Please refer to beginning of this question.  

            3.         Section 52.1 of the Immigration Act provides as follows: Return to Canada - Where a removal order, other than a removal order that may be appealed to the Appeal Division, has been made against a person and the person is removed from or otherwise leaves Canada, the person may, at the expense of the Minister, return to Canada, if the person is subsequently successful in having the removal order set aside.  

            4.         In general, the Immigration Act, stipulated that removal orders must be executed "as soon as reasonably practicable".  However, the Immigration Act also provides that "no removal order becomes invalid by reason of any lapse of time between its making and execution".  

Generally, a removal order will be executed within few weeks of its making and persons will normally be allowed a reasonable period of time to arrange their affairs in Canada before execution of the order.

          5.       The reference to "any pending matters relating to him" is too vague for a response.  If it is intended to refer to legal actions, there is nothing to preclude an individual from continuing or bringing a civil action in a Canadian court.  


1.       Immigrant workers could be expelled if they are illegal or if they commit acts which contravene national laws. 

Expulsion in Colombia is ordered on a case by case basis according to facts previously established, and these facts can be classified as acts that put the security of the State in danger or as an accessory punishment to a crime which is ordered through a final sentence; it is not applied in a collective manner.  

Article 22(1) of the International Convention on the Protection of the Rights of All Migrant Workers and the Members of Their Families provides that: "Migrant workers and members of their families shall not be subject to measures of collective expulsion. Each case of expulsion shall be examined and decided individually."  Paragraph 2 states: "Migrant workers and members of their families may be expelled from the territory of a State Party only in pursuance of a decision taken by the competent authority in accordance with law."  

2.       The only competent authority to order an expulsion in Colombia is the Administrative Department of Security [Departamento Administrativo de Seguridad], on its own initiative or in conformity with an order from a judge of the Republic, within a final sentence, as an accessory punishment.  

a.       Article 22(7) of the Convention previously mentioned states that: "Without prejudice to the execution of a decision of expulsion, a migrant worker or a member of his or her family who is subject to such a decision may seek entry into a State other than his or her State of origin."  

          In the same respect, article 23 provides that: "Migrant workers and members of their families shall have the right to have recourse to the protection and assistance of the consular or diplomatic authorities of their State of origin or of a State representing the interests of that State whenever the rights recognized in the present Convention are impaired. In particular, in case of expulsion, the person concerned shall be informed of this right without delay and the authorities of the expelling State shall facilitate the exercise of such right."   

          In conformity with the currently existing norms, whoever shall be the subject of deportation or expulsion can seek entry into the State of their last place of residence or to a State where they are welcomed.  

          b.       The expulsion is imposed by means of a resolution with reasoning against which proceed that remedies of reinstatement and appeal established in the Administrative Law Code.  There is one exception which is the expulsion as an accessory punishment imposed in a final sentence, fulfilled through an interlocutory order.    

          Article 197 of Decree Law 2371, dated 1996, "through which orders are issued concerning expedited visas, the control of foreigners, and other issues concerning immigration matters," established the procedure  which is to be followed for the expulsion of foreigners.  

The Directorate of Foreigners of the Administrative Department of Security [Dirección de Extranjería del Departamento Administrativo de Seguridad], DAS, without detriment to the sanctions that are applicable, could order, by means of a resolution, the expulsion from the national territory of the foreigner that has committed any of the acts mentioned below.


Having been sentenced to prison, a sentence which did not contemplate the accessory punishment of expulsion from the national territory.


Intervene in or carry out acts committed against the existence and security of the State which disturb public order.


Having committed conduct that, in the opinion of the migrant authorities, qualifies the foreigner as dangerous to national security or social order.


Dedicate themselves to the selling or trafficking of illegal drugs, pandering and, in general, participating in antisocial behavior.


Illegally traffic in arms, or elements that are of private use for the Armed Forces.


Return to the country prior to the time decided in the deportation resolution. 


Having been convicted for common crimes abroad and not being able to be tried before a court in the country. 


Facilitate the entry of foreigners with false promises of obtaining contracts, being supplied with visas or entry documents, or being granted permanent residence.


Paragraph.  One can appeal the administrative act, which imposed the expulsion, by means of the remedies available at the governmental level, which would grant a temporary stay unless there are important security reasons that would oppose such an act.


Article 199.  The foreigner affected by means of expulsion can only return to the country with a visa authorized by the Ministry of Foreign Relations, having passed a period of no less than five (5) years, designated in the administrative act that enforces or executes it.   

c.       As a guarantee, once the remedies brought against the resolution concerning expulsion have been resolved, the governmental remedies exhausted, an administrative act can be filed within the jurisdiction of the Administrative Courts [Contencioso Administrativo].  

Article 22, paragraph 4, of the Convention provides that: "Except where a final decision is pronounced by a judicial authority, the person concerned shall have the right to submit the reason he or she should not be expelled and to have his or her case reviewed by the competent authority, unless compelling reasons of national security require otherwise. Pending such review, the person concerned shall have the right to seek a stay of the decision of expulsion."  

 In that respect, the sited Decree Law 2371 of 1996, in paragraph 191, provides the following: "One can appeal the administrative act, which imposed the measure of expulsion, by means of the remedies available at the governmental level, which would grant a temporary stay unless there are important security reasons that would oppose such an act."  

Article 198 states that: "When the expulsion is decided as an accessory punishment by means of a final sentence, the Director of Foreigners [Director de Extranjería], the Directors of Sections [Directores Seccionales] and the Chiefs of Operative Posts of the Administrative Department of Security [Jefes de Puestos Operativos del Departamento Administrativo de Seguridad], DAS, by means of an interlocutory order, would comply with the expulsion of the foreigner and would make the respective notifications to the Minister of Foreign Relations and to the judicial office which ruled on the order."  

d.       The remedies that proceed the deportation resolution and appeal are considered in effect suspended for the purpose of permitting the foreigner to wait for the final decision within the country.  

e.       The principal language used is Spanish.  The foreigner is notified of all administrative or judicial acts in the language mentioned, unless the help of an interpreter is necessary, in which case assistance is requested from the diplomatic mission of the country from which the individual is a national.  

3.                  No. There do not exist any mechanisms for compensation.  

4.                  The average period is 30 days from the date of the final decision.  

5.       The DAS has explained that if the migrant authorities are aware of the situation, the established period can be extended until the administrative situation is resolved, granting them a document which permits them to remain in the country without risk.   

In spite of that, in the case of the deportation of legal workers, the rights they have acquired are respected and the employer is responsible for answering for those rights.  


          1.       No.  

          2.       a.       We regret that we are not able to answer your question.  

              b.       No. 
c.       Yes
              d.        No.
              e.        No.

          3.       We regret that we are not able to answer your question.  

          4.       We regret that we are not able to answer your question.  

          5.       We regret that we are not able to answer your question.  


          1.       Yes, they can be expelled if they are illegal or if they incurred in a deportation cause.  

          2.       The “Intendente de Policia” is the only authority who knows about deportation.  

          a.       Yes they can do it to the place where they came from or of the last embarkation. 

          b.       There is a unique procedure and the competent authority to resolve is the “Señor Intendente de Policia”.  

          c.       Yes they have, everybody is entitled to the right of to defend themselves and prove their statements during and in the same procedure that is known by the “Intendente”  

          d.       Yes, he stays in the country.  

          e.       It is communicated in Spanish, and in their own language, for most of the times the embassies and diplomatic missions are asked for help.  

          3.       There is no such right recognized in the law.  

          4.       The custom obliges them to leave the country immediately, there is no time established by law.  

          5.       In accordance to the Labor Law, they are acquired rights and must be recognized, although there is some lack of legislation.



          1.       No.  

          2.       Departament of Imigrations (ii) Yes.  

a.       Yes.

          b.       Civil Court Action (ii) No.  

          c.       Yes (ii) judicial system.  

          d.       Yes.  

          e.       English.  

          3.       Yes (ii) determined by the Court.  

          4.       Determined by the Court.  

          5.       Treated previous to the expulsion.  


1.       In Guatemala there do not exist criminal penalties against the collective deportation of "migrant workers."  What does occur with a certain frequency are cases of the deportation of groups of illegal immigrants which have been detained by the national authorities upon request by the migrant authorities, almost always at the moment upon entry to the country.  In these cases, even though the law orders that they receive individual treatment through coordination among the competent Guatemalan authorities, the diplomatic representatives of a group of illegals, and international organizations within the country, they continue to deport these individuals collectively.  

2.       The administration of the records, control and documentation of the movement of migrants corresponds to the Ministry of Governance [Ministerio de Gobernación], in accordance with that established in article 36, letter K, of the "Ley del Organismo Ejecutivo."  According to article 2 of the Law of Migration and Foreigners [Ley de Migración y Extranjería], the General Directorate of Migration [Dirección General de Migración] is responsible for complying with the law, as well as all the dispositions related to matters concerning migrants and the control of foreigners.  The General Directorate of Migration [Dirección General de Migración] is a branch of the Ministry of Governance [Ministerio de Gobernación].  

a.       Article 88 of the Law of Migration and Foreigners [Ley de Migración y Extranjería] establishes the following with respect to the destination of those expelled:  "The expelled foreigner will leave with his destination being the country from which he came from, his country of origin, or whichever country the foreigner chooses and that authorizes his entry."  

b.       If the Inspection of Workers [Inspección de Trabajo] proves the undocumented status of a migrant worker, the case will be sent to the General Directorate of Migration [Dirección General de Migración] so that they may proceed to initiate the expulsion process.  

The procedures that must be followed are the following:  

The General Directorate of Migration [Dirección General de Migración] requests the consulate of the country from which the undocumented migrant worker is a national to grant a temporary identification document for the purpose of travel.  

Subsequently, the General Directorate of Migration [Dirección General de Migración] grants safe-conduct to leave the national territory.  

In the case of Central Americans, the General Directorate of Migration [Dirección General de Migración] proceeds to take them by land to the border with a Central American country.  In cases involving other countries in which the above mechanism can not be utilized, they coordinate with international organizations so that they cover the cost of an airplane ticket to the country from where the migrant worker is a national.  

In the case of documented migrant workers, they can only be expelled if they commit a violation of certain articles of the Law of Migration and Foreigners [Ley de Migración y Extranjería].  Nevertheless, their expulsion should be carried out according to the procedure established en article 89 of the Law of Migration and Foreigners [Ley de Migración y Extranjería], which states: "The order of expulsion should be notified to the person effected, within twenty-four hours following their release, who will have a period of no more than eight days, beginning from the moment he was properly notified, to leave the national territory."  

c.                  The applicable legal provisions are cited bellow:  

The Political Constitution of the Republic of Guatemala, article 29, establishes that: "Free access to courts and State institutions: Every person has free access to the courts, institutions and offices of the State, for the purpose of exercising their legal actions and to have their rights respected in conformity with the Law.  Foreigners can only turn to diplomatic channels in the case of a denial of justice."  

Article 41 of the Law of Migration and Foreigners [Ley de Migración y Extranjería]: "Foreigners are granted the right to liberty, equality and personal security, their honor and possessions, in accordance with constitutional principles, subject to the exceptions established by law."  

Article 42 of the Law of Migration and Foreigners [Ley de Migración y Extranjería]: "Every foreigner has the duty to obey and respect the laws, institutions and authorities of the Republic, and should be subject to the decisions and sentences made by the courts, without making use of other remedies granted by those same laws to Guatemalans."  

 Article 51 of the Law of Migration and Foreigners [Ley de Migración y Extranjería]: "Only in the case of the denial of justice or voluntary delay of the same can foreigners resort to the diplomatic route if they have exhausted the common remedies established by law.  Appeal to the diplomatic route will only serve to ensure compliance with the law."  

Article 52 of the Law of Migration and Foreigners [Ley de Migración y Extranjería]: "It is understood that there is a denial of justice when the judicial authority does not make a formal declaration concerning the principal issue or any other part of the legal action which is currently before him or presented to him."  

The mere fact that a judge has made an interlocutory order or declared a sentence, regardless of the ruling, does not permit one to allege a denial of justice, even when it is argued that the resolution on the merits is contrary to that established by law.  

d.       They can remain in the country if they have properly registered with the Foreign Department of the General Directorate of Migration [Departamento de Extranjería de la Dirección General de Migración].  

e.       Article 143 of the Political Constitution of the Republic of Guatemala provides, Official Language: "The official language of Guatemala is Spanish.  The dialects form part of the cultural possessions [patrimonio cultural] of the Nation."  Notwithstanding the above, the migrant authorities coordinate with the Guatemalan Ministry of Foreign Affairs so that they, at the same time, contact the respective embassies in the country of the immigrants that are involved in the case in order to facilitate interpretation for the purpose of providing adequate communication.  

3.       The Political Constitution of the Republic establishes, in article 155, that: "Responsibility for Breach of the Law.  When a dignitary, official or employee of the State, during the course of their employment, breaches the law causing damage to individuals, the State or the State institution, of which the person is an agent, will be held responsible for the injuries and damages caused."  

The Civil Code [Código Civil] article 1665: "The State and municipalities are responsible for the injuries or damages caused by their officials or employees, during the course of their employment."  

This responsibility is a subsidiary one that can only be effective when the official or employee does not have assets or, if they do have assets, does not have sufficient assets to answer for the injury or damage caused.  

In order for the above concepts to be carried out, it is necessary to follow a process before the courts of civil order [tribunales del orden civil].   

4.       The Law of Migration and Foreigners [Ley de Migración y Extranjería] establishes, in article 89, that: "The order of expulsion should be notified to the person effected, within twenty-four hours following their release, who will have a period of no more than eight days, beginning from the moment he was properly notified, to leave the national territory."  

Normally, the General Directorate of Migration [Dirección General de Migración] grants deported individuals a minimum of 72 hours to leave the country.   Nonetheless, an extension to remain in the country can be authorized in special or extraordinary cases,  in which it is necessary to prolong the period established by law.   

5.       In these cases it is the Inspection of Labor of the Ministry of Labor and Social Security [Inspección de Trabajo del Ministerio de Trabajo y Previsión Social] who should be concerned with the payment of the corresponding salary owed.  Some cases have been resolved through signing a Payment Agreement [Convenio de Pago] between the parties.  


          1.       a.       It could be the case, when it involves a group of family members under the responsibility of the mother or father.  

          b.       When the group of workers is collectively responsible for violating the Laws of the Republic, regulations or other pre-established rules.  

          2.       The Executive branch, acting through the Ministry of the Interior [Secretaría de Gobernación] (Articles 43 and 44 of the on Population and Migration Policy Law), applied to all foreigners without regard to their migratory status they enjoy during their stay in the country.  

          a.       Usually they are expelled back to their country of origin; in case they can go to another country, they shall fulfill the requisites for entry and acceptance established by the immigration authorities of the country they have chosen.  

          b.       The administrative and legal immigration processes vary according to the status the immigrant holds at that moment; the normal processes are the notification to the foreigner regarding his situation and later the travel to their country of origin, with respect to human rights as provided for in the Universal Convention on Human Rights.  

          c.       As is the case in every country under the rule of law, the immigrant is guaranteed the right to defense, under the norms provided for in the Constitution of the Republic and other legislation.  

          d.       He remains in our country while the competent authorities review his case and issue a final decision on it.  

          e.       Usually they are notified in Spanish; if that is not the immigrant’s language, a translator is provided to him.  

          3.       A resolution may be nullified after the immigrant or immigrants have left the country, under a request for a second review, which shall be made at the request of those affected, through the Honduran Consulate closer to their residence, in accordance with rules of international law; if this second resolution nullifies the first one, the immigrants may again enter the country as compensation by the Honduran State.  

          4.       Article 44 of the Population and Migration Policy Law mentions a period of 24 hours for the expulsion of foreigners, after this decision has been made.  More than 24 hours may be granted in case of illness, or for arrangements involving real estate, home and family utensils, salaries, etc., which shall be carried out under the responsibility of a legal representative.  


1.       No.  An act under administrative authority which imposes the sanction of the expulsion of foreigners should be issued individually, not collectively.  Frequently, transporting foreigners to their countries of origin, which in this case would be migrants and their families, is carried out in a collective manner, which in and of itself does not suggest that the expulsions are done in the same manner since each of these individuals are issued an expulsion order [oficio de salida].  

On the other hand, having ratified the American Convention on Human Rights, Mexico has incorporated within its domestic law the prohibition of the collective expulsion of foreigners, provided for in article 22(9) of said international instrument.  

2.       The National Institute of Migration [Instituto Nacional de Migración] (INM), as an independent organ of the Secretariat of the Government [Secretaría de Gobernación], is responsible for executing the political and administrative acts of the Government of Mexico concerning migration matters.  In the same manner, as the body responsible for the entry and exit of foreigners from the national territory, they also have the competence to determine which person or group of persons are qualified for expulsion from the country in conformity with Mexican laws.  

a.       Not in principle.  When Mexico expels someone or carries out the act of repatriation, the destination should be the migrant's country of origin, as a result of the fact that our countries can not promise third counties to be responsible for these individuals.  Nevertheless, if migrant workers and their families choose to go to a third State after having been turned in by Mexico to the authorities of their country, they can do so under their own responsibility.  

b.       In order to answer this question, it is necessary to establish various grounds.  

That which establishes the difference between the holding [aseguramiento] and the  detention or apprehension of a foreigner, who could be a migrant worker or one of their family members, is the reason for which such an act is being carried out.  

The holding of a foreigner is carried out when one fails to respect an administrative order, for example not to carry the documentation that proves their legal status to remain in the national territory, which is regulated in article 152 of the General Population Law [Ley General de Población] (LGP) and 143 of its Regulations, which establishes: "the Secretariat [Secretaría de Gobernación] will evaluate whether a violation of the LGP and its regulations and other applicable norms has occurred, and in this case, they would consider the nature and seriousness of the breach in order to determine the sanction which corresponds to each individual, always taking into consideration the circumstance which occurred, the evidence supplied by the one who breached and their arguments with respect to the same."  

"When all the mentioned elements have been put together, the Secretariat will decide the case with the corresponding motivated and grounded resolution, of which the interested party … should be personally notified."  

On the other hand, an order of detention or apprehension must come from a judge, in accordance with article 16 of the Constitution, second paragraph: “An order for detention can not be issued other than through judicial authority and without there being a report, accusation or complaint of a determined act which the law defines as a crime, sanctioning at least through the punishment of the deprivation of liberty and there being facts which prove the elements which incorporate the crime and the likely responsibility indicated.”  

The manner in which both an administrative proceeding and a judicial process are conducted is similar, in that they respect procedural and legal guarantees, which all individuals benefit from.  The difference between the two proceedings consists principally in the type of authority that issues the resolutions and the legal reasoning on which the resolutions are based.   

An administrative procedure concerning migration would be issued by the INM and would be based on the Political Constitution of Mexico, the Federal Law of Administrative Procedure, the General Population Law [Ley General de Población] and its Regulations, among other legal ordinances.  

A criminal process would be tried by the jurisdictional authority and it would be based on the Political Constitution of Mexico, the Criminal Code of the Federal District, and the Federal Criminal Code, the Federal Code of Criminal Procedure, and the General Population Law [Ley General de Población], among other legal provisions.  

In relation to criminal matters, the status of a documented or undocumented migrant worker is not relevant, that is to say, the crimes and punishments are issued and applied equally to nationals and foreigners.  

With regard to administrative breaches, the status of a documented or undocumented migrant worker is relevant, based on the fact that once an undocumented migrant worker is detected, he is susceptible to being expelled from the national territory, while a documented migrant worker would not confront any form of administrative proceeding as long as they do not breach Mexican migrant laws.   

c)       Yes.  When a documented or undocumented migrant worker is the subject of an expulsion (administrative act) they legally have two manners through which to appeal such an act.  

The first manner is the remedy of review, which is regulated by the law of Federal Administrative Procedure, the General Population Law [Ley General de Población] and its Regulations.  The remedy of review should be presented before the authority that issued the resolution; such a remedy should be presented by the interested party or their legal representative after receiving notification of the resolution they are challenging; additionally, it should be done in writing; the relevant evidence will be considered, and the review will be resolved by the corresponding authority within a period of 30 days from the date on which it was presented.  

The resolution issued in the remedy of review could consist in the confirmation, revocation, modification of the appealed act or the reinstatement of the proceeding.  

The second manner is the presentation of an "amparo" (an action for the protection of fundamental rights), which is grounded in the Mexican Constitution and the Law of Amparo [Ley de Amparo].  It is important to note that an amparo action is only brought against acts committed or resolutions issued by the authorities of a final character, that is to say, in order to be able to present an amparo action the ordinary remedies established by the applicable law must first be exhausted.  The amparo demand is to be presented before a Distract Judge (Federal Judge).  

In accordance with article 1 of the Law of Amparo  [Ley de Amparo] “the trial of amparo serves the purpose of resolving all controversies about:  

l.                    Laws or acts of the authorities that violate individual guarantees….”  

The requirements for the amparo action to proceed can be summarized in the following form:  

The amparo should be presented by the complainant (the effected party, which in this case would be the migrant worker), that is to say, by the person who was directly effected by the expulsion.  

As established previously, the ordinary remedies establish by law should be exhausted (in this case, fist they should seek the remedy of review established in the LGP and against the resolution of that remedy they could bring an action of amparo).  

The ruling from an amparo action will only benefit the worker that solicited the protection of the federal courts, that is to say, that even though other migrant workers find themselves in the same situation, the ruling only benefits the one who brought the action.  The ruling will have the effect of resolving the situation so that the migrant is put in the position he was before his rights were violated.  

d.       When a migrant worker has initiated the remedy of review or an action of amparo against the resolution that ordered their expulsion and requests the suspension of the expulsion, the worker should not leave Mexican territory until the remedies concerning the expulsion are resolved.  

Article 159 of the LGP Regulations establish the requirements for the suspension of the expulsion:  

Filing this remedy suspends the execution of the resolution or the challenged sanction if the complainant requested such suspension, in accordance with the following rules:  

II.       In administrative resolutions, unlike those mentioned in the prior paragraph, [resolutions that only concern economic punishment] if the following requirements are fulfilled:  

a)                 That the case be admitted;  

b)       That executing the resolution which is being appealed would cause damages or injuries to the complainant that would not be able to be repaired in the future (which is the case of the expulsion of a migrant worker);  

c)       That the suspension does not result in damages to social interests.  

          With respect to the suspension of the act being appealed in an amparo action (the expulsion of a migrant worker), article 124 of the Law of Amparo establishes the requirements so that the suspension may be granted:  

                   …the suspension will be granted when the following requirements are complied with:  

                   I.        That the injured party solicits the legal action (the migratn worker);  

II.       That the suspension would not cause injury to social interests, and that public order is not breached;  

III.      That it is difficult to repair the damages or injuries caused by the expulsion which effect the complainant  

          e.       The migrant workers are notified of the administrative or judicial resolutions of the Mexican authorities in Spanish because that is the official language of our country.  Nevertheless, the Mexican authorities try to have the consulate of the migrant worker's home country present when that migrant worker is notified of any resolution(s) in order to facilitate any situation related to their native language.  Additionally, it is important to note that the majority of migrant workers speak Spanish because they are from Central and South American countries.  

3.       Yes. When a migrant worker and their family are expelled based on a resolution from an administrative authority, and later this resolution is voided, they can demand payment for the damages and injuries caused by that resolution.  

The procedure is that of a jurisdictional nature and would be adjusted in accordance with that established in the Federal Law of Administrative Procedure and the Federal Code of Civil Procedure.  

4.       The period granted to a migrant worker to leave Mexico, issued through a resolution that orders his expulsion, varies depending on the discretion of the Secretariat of Government [Secretaría de Gobernación].

Article 64 of the Regulations of the LGP indicates: "The Secretariat could, in his own opinion, grant a period of time to leave the country or to fully comply with the requirements of the law.  The employer or the persons that the migrant worker depends on have the same obligations."  

There exists a practice or custom among the migrant authorities that establishes a period of time between 30 and 60 days, depending on the special circumstances of each case.  

5.       When a documented or undocumented migrant worker is expelled from Mexican territory and, even after the expulsion, the employer owes the worker his salary, the employer has the obligation to pay him.  In these circumstances the consular authorities of the country from which the migrant is a national play a very important role because they serve as a link between the Mexican authorities and the migrant worker.  

In the case where the employer fails to pay the salary that they owe the documented or undocumented migrant worker, an action can be brought against the employer according to labor law before a Arbitration and Conciliation Panel, which the worker would have access to, in spite of his migrant status, in order for the employer to pay the salary due.  

Saint Lucia  

          1.       Yes.  

          2.       Chief Immigration officer (Immigration Department) or the Court.  

          a.       No.  

b.       Same procedure, ( arrest, charge, brought before the Court and deported).  

c.       They can appeal within 7 days, by using a Notice Appeal Form.  

d.       They remain in police Custody or the Chief Immigration Officer can authorize for their stay to be extended.  

e.       In English and by Interpreter.  

3.       No.  

4.       At the earliest possible time/immediately regular checks are made; concerning household effects. But sometimes persons leave the country and their household effects.  

5.       In some instances monies are not retrievable but in others if proper documents are prepared they can be duly paid.


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