Abstract

ARLETTAZ, Fernando. Recent Argentine Migration Policy: Symbolic Function of Law and Human Rights. Migr. Inter [online]. 2021, vol.12, rmiv1i12370.  Epub Jan 24, 2022. ISSN 2594-0279.  https://doi.org/10.33679/rmi.v1i1.2370.

Executive Decree 70/2017 profoundly modified the legal regime for migration in Argentina. This article aims to analyze the use of this legal reform as a symbolic instrument of criminal policy and contrast them with human rights standards. The methodological approach combines legal analysis with the theoretical study of the reform. The work shows that the decree sought to link immigration and criminality and convey a message of firmness from the State in the fight against crime. As well as provide an update of the debate on the legal reform considering what happened subsequently. It is concluded that the reform has increased the margins of state discretion, generating a greater degree of legal insecurity for migrants. Although limited to a specific national case, the research may have theoretical implications for the study of similar cases.

Keywords : 1. migration policies; 2. symbolic function of law; 3. human rights; 4. Argentina; 5. Latin America.

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