00:00President Abelardo de la Espriella announced that he would have a strict immigration policy
00:06and that he would remove all illegal migrants from the country, prioritizing those
00:12who have committed criminal acts.
00:14How true is it that this is possible?
00:18What does constitutional law say?
00:20And what does international law say?
00:22Well, stay and we'll analyze it.
00:24First, it is true that each State, in exercising the principle of sovereignty
00:29It has the legal power to determine who can enter and who can remain in its territory.
00:38That in itself grants him powers, in this case to the president as head of foreign relations
00:45to determine this type of immigration policies.
00:49However, even the heavy-handed approach that a particular government might take
00:55It is subject to the control of the law, the Constitution and international law.
01:01One of the key concepts for understanding this is the principle of due process,
01:07Here specifically, the due administrative process.
01:11So, for example, if you are a foreigner in Colombia and do not have legal immigration status,
01:19Yes, it can be subject to analysis, to a verification procedure
01:25which could lead to eventual deportation.
01:28But what is certain is that no one can simply be captured
01:33and immediately taken to the airport and sent to a country of origin.
01:38Now, there are multiple justifications that can be given for remaining in the country
01:43And that has to be taken into account in the administrative procedure.
01:48On the other hand, it must be kept in mind that there is no illegal person.
01:54The concept of an illegal person is contrary to international law.
01:59What may be illegal is the irregularity of a person's immigration status.
02:07but not the person himself.
02:08Therefore, their fundamental rights are maintained at all times and without exception,
02:15even if their immigration status is not adequate at a given time.
02:20This means that he has the right to be brought before the authorities.
02:23to be informed of their situation and even to be able to challenge it, to send evidence,
02:29to request clarifications within the framework of a procedure.
02:33On the other hand, international law prohibits collective deportations.
02:38So it is impossible for Colombia to take in a group from a particular state and simply expel them.
02:45There is another principle, which is the principle of no return.
02:49And that's because when a migrant claims to be in Colombia, for example,
02:54due to human rights violations he was suffering in his home state,
02:59The Colombian receiving state has the obligation to protect him
03:03and not send him to the very place where his fundamental rights were being violated.
03:09And this is very important when it comes to understanding migration.
03:12There is also the concept of asylum and refuge in international law,
03:17especially Latin Americans, who demand that protection be provided to people
03:21when there is persecution in their countries for political, racial, religious, legal, etc. reasons.
03:29So, the truth is that this allows for many nuances.
03:34And things get even more complicated when minors are involved.
03:38who may have rights that cannot be limited at any time.
03:44So if there are foreigners, but he has Colombian children,
03:47This does not automatically authorize you to stay in Colombia.
03:51but it is so that in the administrative procedure for new tests
03:55that makes a specific reconsideration of the situation.
03:58And lastly, it is not true that a person, by having immigration status
04:03loses their labor rights.
04:05On the contrary, the Constitutional Court has upheld labor rights
04:10of every immigrant, even if they have a complicated status
04:15and has the right to his salary, to have his working hours respected,
04:19to the payment of their benefits, etc.
04:21So, in conclusion, although there may be deportations,
04:25Note that they are subject to regulated procedures
04:30that need to be studied before any decision is made.
