

Currently released so far... 12478 / 251,287
Browse latest releases
2010/12/01
2010/12/02
2010/12/03
2010/12/04
2010/12/05
2010/12/06
2010/12/07
2010/12/08
2010/12/09
2010/12/10
2010/12/11
2010/12/12
2010/12/13
2010/12/14
2010/12/15
2010/12/16
2010/12/17
2010/12/18
2010/12/19
2010/12/20
2010/12/21
2010/12/22
2010/12/23
2010/12/24
2010/12/25
2010/12/26
2010/12/27
2010/12/28
2010/12/29
2010/12/30
2011/01/01
2011/01/02
2011/01/04
2011/01/05
2011/01/07
2011/01/09
2011/01/10
2011/01/11
2011/01/12
2011/01/13
2011/01/14
2011/01/15
2011/01/16
2011/01/17
2011/01/18
2011/01/19
2011/01/20
2011/01/21
2011/01/22
2011/01/23
2011/01/24
2011/01/25
2011/01/26
2011/01/27
2011/01/28
2011/01/29
2011/01/30
2011/01/31
2011/02/01
2011/02/02
2011/02/03
2011/02/04
2011/02/05
2011/02/06
2011/02/07
2011/02/08
2011/02/09
2011/02/10
2011/02/11
2011/02/12
2011/02/13
2011/02/14
2011/02/15
2011/02/16
2011/02/17
2011/02/18
2011/02/19
2011/02/20
2011/02/21
2011/02/22
2011/02/23
2011/02/24
2011/02/25
2011/02/26
2011/02/27
2011/02/28
2011/03/01
2011/03/02
2011/03/03
2011/03/04
2011/03/05
2011/03/06
2011/03/07
2011/03/08
2011/03/09
2011/03/10
2011/03/11
2011/03/13
2011/03/14
2011/03/15
2011/03/16
2011/03/17
2011/03/18
2011/03/19
2011/03/20
2011/03/21
2011/03/22
2011/03/23
2011/03/24
2011/03/25
2011/03/26
2011/03/27
2011/03/28
2011/03/29
2011/03/30
2011/03/31
2011/04/01
2011/04/02
2011/04/03
2011/04/04
2011/04/05
2011/04/06
2011/04/07
2011/04/08
2011/04/09
2011/04/10
2011/04/11
2011/04/12
2011/04/13
2011/04/14
2011/04/15
2011/04/16
2011/04/17
2011/04/18
2011/04/19
2011/04/20
2011/04/21
2011/04/22
2011/04/23
2011/04/24
2011/04/25
2011/04/26
2011/04/27
2011/04/28
2011/04/29
2011/04/30
Browse by creation date
Browse by origin
Embassy Athens
Embassy Asuncion
Embassy Astana
Embassy Asmara
Embassy Ashgabat
Embassy Apia
Embassy Ankara
Embassy Amman
Embassy Algiers
Embassy Addis Ababa
Embassy Accra
Embassy Abuja
Embassy Abu Dhabi
Embassy Abidjan
Consulate Auckland
Consulate Amsterdam
Consulate Adana
American Institute Taiwan, Taipei
Embassy Bujumbura
Embassy Buenos Aires
Embassy Budapest
Embassy Bucharest
Embassy Brussels
Embassy Bridgetown
Embassy Bratislava
Embassy Brasilia
Embassy Bogota
Embassy Bishkek
Embassy Bern
Embassy Berlin
Embassy Belmopan
Embassy Belgrade
Embassy Beirut
Embassy Beijing
Embassy Banjul
Embassy Bangkok
Embassy Bandar Seri Begawan
Embassy Bamako
Embassy Baku
Embassy Baghdad
Consulate Barcelona
Embassy Copenhagen
Embassy Conakry
Embassy Colombo
Embassy Chisinau
Embassy Caracas
Embassy Canberra
Embassy Cairo
Consulate Curacao
Consulate Ciudad Juarez
Consulate Chennai
Consulate Casablanca
Consulate Cape Town
Consulate Calgary
Embassy Dushanbe
Embassy Dublin
Embassy Doha
Embassy Djibouti
Embassy Dili
Embassy Dhaka
Embassy Dar Es Salaam
Embassy Damascus
Embassy Dakar
Consulate Dubai
Embassy Helsinki
Embassy Harare
Embassy Hanoi
Consulate Ho Chi Minh City
Consulate Hermosillo
Consulate Hamilton
Consulate Hamburg
Consulate Halifax
Embassy Kyiv
Embassy Kuwait
Embassy Kuala Lumpur
Embassy Kinshasa
Embassy Kingston
Embassy Kigali
Embassy Khartoum
Embassy Kathmandu
Embassy Kampala
Embassy Kabul
Consulate Kolkata
Embassy Luxembourg
Embassy Luanda
Embassy London
Embassy Ljubljana
Embassy Lisbon
Embassy Lima
Embassy Lilongwe
Embassy La Paz
Consulate Lahore
Consulate Lagos
Mission USOSCE
Mission USNATO
Mission UNESCO
Embassy Muscat
Embassy Moscow
Embassy Montevideo
Embassy Monrovia
Embassy Minsk
Embassy Mexico
Embassy Mbabane
Embassy Maputo
Embassy Manila
Embassy Manama
Embassy Managua
Embassy Malabo
Embassy Madrid
Consulate Munich
Consulate Mumbai
Consulate Montreal
Consulate Monterrey
Consulate Milan
Consulate Melbourne
Embassy Nicosia
Embassy Niamey
Embassy New Delhi
Embassy Ndjamena
Embassy Nassau
Embassy Nairobi
Consulate Naples
Consulate Naha
Embassy Pristina
Embassy Pretoria
Embassy Prague
Embassy Port Of Spain
Embassy Port Louis
Embassy Port Au Prince
Embassy Phnom Penh
Embassy Paris
Embassy Paramaribo
Embassy Panama
Consulate Peshawar
REO Basrah
Embassy Rome
Embassy Riyadh
Embassy Riga
Embassy Reykjavik
Embassy Rangoon
Embassy Rabat
Consulate Rio De Janeiro
Consulate Recife
Secretary of State
Embassy Suva
Embassy Stockholm
Embassy Sofia
Embassy Skopje
Embassy Singapore
Embassy Seoul
Embassy Sarajevo
Embassy Santo Domingo
Embassy Santiago
Embassy Sanaa
Embassy San Salvador
Embassy San Jose
Consulate Strasbourg
Consulate St Petersburg
Consulate Shenyang
Consulate Shanghai
Consulate Sapporo
Consulate Sao Paulo
Embassy Tunis
Embassy Tripoli
Embassy Tokyo
Embassy The Hague
Embassy Tel Aviv
Embassy Tehran
Embassy Tegucigalpa
Embassy Tbilisi
Embassy Tashkent
Embassy Tallinn
Consulate Toronto
Consulate Tijuana
USUN New York
USEU Brussels
US Office Almaty
US Mission Geneva
US Interests Section Havana
US Delegation, Secretary
UNVIE
Embassy Ulaanbaatar
Embassy Vilnius
Embassy Vienna
Embassy Vatican
Embassy Valletta
Consulate Vladivostok
Consulate Vancouver
Browse by tag
AU
ASEC
AE
AF
AORC
AEMR
AMGT
ABUD
AFFAIRS
APER
AS
AMED
AY
AG
AR
AJ
AL
AID
AM
AODE
ABLD
AMG
AFIN
ATRN
AGAO
AFU
AN
AA
ALOW
APECO
ADM
ARF
ASEAN
APEC
AMBASSADOR
AO
ASUP
AZ
AADP
ACOA
ANET
AMCHAMS
ACABQ
ASECKFRDCVISKIRFPHUMSMIGEG
APCS
AGMT
AINF
AIT
AORL
ACS
AFSI
AFSN
ACBAQ
AFGHANISTAN
ADANA
ADPM
AX
ADCO
AECL
AMEX
ACAO
ASCH
AORG
AGR
AROC
ASIG
AND
ARM
AQ
ATFN
AC
AUC
ASEX
AER
AVERY
AGRICULTURE
BL
BR
BO
BA
BD
BM
BK
BG
BU
BB
BH
BTIO
BY
BEXP
BP
BE
BRUSSELS
BF
BIDEN
BT
BX
BC
BILAT
BN
BBSR
BTIU
BWC
BMGT
CA
CASC
CVIS
CM
CH
CO
CU
CD
CWC
CI
CS
CY
CMGT
CF
CG
CR
CB
CV
CW
CE
CBW
CT
CPAS
COUNTERTERRORISM
CJAN
CODEL
CIDA
CDG
CDC
CIA
CTR
CNARC
CSW
CN
CONS
CLINTON
COE
CROS
CARICOM
CONDOLEEZZA
COUNTER
CL
COM
CICTE
CIS
CFED
COUNTRY
CJUS
CBSA
CEUDA
CLMT
CAC
COPUOS
CIC
CBE
CHR
CTM
CVR
CITEL
CLEARANCE
CACS
CAN
CITT
CARSON
CACM
CDB
CAPC
CKGR
CBC
EC
EG
EPET
ECON
ETRD
EFIN
EIND
EMIN
ENRG
EAID
EAGR
EUN
ETTC
EAIR
ENIV
ES
EU
EINV
ELAB
ECIN
EFIS
ELTN
EWWT
ECPS
ECONOMIC
ENGR
EN
EINT
EPA
ELN
ESA
EZ
ER
ET
EFTA
EINVECONSENVCSJA
EUMEM
ETRA
EXTERNAL
EI
EUR
EK
ERNG
ENGY
ETRDEINVECINPGOVCS
ENERG
EINVEFIN
ENVR
ECA
ELECTIONS
ETC
EUREM
ENNP
EFINECONCS
EURN
ECINECONCS
EEPET
EXIM
ERD
ENVI
ETRC
ETRDEINVTINTCS
ETRO
EDU
ETRN
EAIG
ECONCS
ECONOMICS
EAP
ECONOMY
EINN
EIAR
EXBS
ECUN
EINDETRD
EREL
EUC
ESENV
ECONEFIN
ECIP
EFIM
EAIDS
ETRDECONWTOCS
EUNCH
EINVETC
IZ
IT
IR
IS
IN
IC
IAEA
IO
ICAO
IWC
ID
IV
ISRAEL
IAHRC
IQ
ICTR
IMF
IRS
IDP
IGAD
ICRC
ICTY
IMO
IL
INRA
INRO
ICJ
ITU
IBRD
INMARSAT
IIP
ITALY
IEFIN
IACI
ILO
INTELSAT
ILC
ITRA
IDA
INRB
IRC
INTERPOL
IA
IPR
IRAQI
ISRAELI
INTERNAL
ISLAMISTS
INDO
ITPHUM
ITPGOV
ITALIAN
IBET
INR
IEA
IZPREL
IRAJ
ITF
IF
KDEM
KU
KPAL
KNNP
KCRM
KZ
KN
KS
KJUS
KTFN
KSCA
KV
KISL
KPAO
KPKO
KIRF
KTIA
KIPR
KFLO
KFRD
KTIP
KAWC
KSUM
KCOM
KAID
KE
KTDB
KMDR
KOMC
KWBG
KDRG
KVPR
KTEX
KGIC
KWMN
KSCI
KCOR
KACT
KDDG
KHLS
KSAF
KFLU
KSEO
KMRS
KSPR
KOLY
KSEP
KVIR
KGHG
KIRC
KUNR
KIFR
KCIP
KMCA
KMPI
KBCT
KHSA
KICC
KIDE
KCRS
KMFO
KRVC
KRGY
KR
KAWK
KG
KFIN
KHIV
KBIO
KOCI
KBTR
KNEI
KPOA
KCFE
KPLS
KSTC
KHDP
KPRP
KCRCM
KLIG
KCFC
KTER
KREC
KTBT
KPRV
KSTH
KRIM
KRAD
KWAC
KWMM
KFRDCVISCMGTCASCKOCIASECPHUMSMIGEG
KOMS
KX
KMIG
KRCM
KVRP
KBTS
KPAONZ
KNUC
KNAR
KPWR
KNPP
KDEMAF
KNUP
KNNPMNUC
KERG
KGIT
KPAI
KTLA
KFSC
KCSY
KSAC
KTRD
KID
KOM
KMOC
KJUST
KGCC
KREL
KFRDKIRFCVISCMGTKOCIASECPHUMSMIGEG
KFTFN
KO
KNSD
KHUM
KSEC
KCMR
KCHG
KICA
KPIN
KESS
KDEV
KCGC
KWWMN
KPAK
KWNM
KWMNCS
KRFD
MOPS
MCAP
MPOS
MARR
MO
MNUC
MX
MASS
MG
MY
MU
ML
MR
MILITARY
MTCRE
MT
MEPP
MA
MDC
MP
MAR
MASSMNUC
MARAD
MAPP
MZ
MD
MI
MEETINGS
MK
MCC
MEPN
MRCRE
MAS
MIL
MASC
MC
MV
MTCR
MIK
MUCN
MEDIA
MERCOSUR
MW
MOPPS
MTS
MLS
MILI
MTRE
MEPI
MQADHAFI
MAPS
NO
NATO
NL
NP
NZ
NSF
NI
NH
NG
NAFTA
NU
NASA
NR
NATOPREL
NSSP
NSG
NA
NT
NW
NK
NPT
NPA
NATIONAL
NPG
NSFO
NS
NSC
NE
NGO
NDP
NIPP
NRR
NEW
NZUS
NC
NAR
NV
NORAD
OTRA
OPCW
OVIP
OAS
OREP
OPIC
OIIP
OPRC
ODIP
OEXC
OPDC
OSCE
OIC
OSCI
OECD
OFDP
OFDA
OMIG
OPAD
OFFICIALS
OVP
OIE
OHUM
OCS
OBSP
OTR
OSAC
ON
OCII
OES
PGOV
PREL
PHUM
PTER
PINS
PINR
PREF
PK
PROP
PA
PARM
PBTS
PMAR
PM
PGIV
PE
PRAM
PHUH
PHSA
PL
PNAT
PO
PLN
PAO
PSA
PHUMPGOV
PF
PEL
PBIO
POLITICS
PHUMBA
PAS
POL
PREO
PAHO
PMIL
POGOV
POV
PAK
PNR
PRL
PG
PREFA
PSI
PINL
PU
PARMS
PRGOV
PALESTINIAN
PAIGH
POLITICAL
PARTIES
POSTS
PROG
PORG
PTBS
PUNE
POLICY
PDOV
PCI
PGOVSMIGKCRMKWMNPHUMCVISKFRDCA
PBT
PP
PS
PY
PTERE
PGOF
PKFK
PSOE
PEPR
PPA
PINT
PRELP
PSEPC
PGOVE
PINF
PNG
PGOC
PFOR
PCUL
POLINT
PGGV
PHALANAGE
PARTY
PGOVLO
PHUS
PDEM
PECON
PROV
PHUMPREL
RS
RU
RELATIONS
RW
RO
RM
RP
ROOD
RICE
RUPREL
RSO
RCMP
REACTION
REPORT
REGION
RIGHTS
RF
RFE
RSP
RIGHTSPOLMIL
ROBERT
SU
SCUL
SNAR
SOCI
SF
SA
SHUM
SENV
SP
SR
SY
SANC
SC
SMIG
SZ
SARS
SW
SEVN
SO
SEN
SL
SNARCS
SNARN
SI
SG
SN
SH
SYR
SAARC
SPCE
SHI
SCRS
SENVKGHG
SYRIA
SWE
STEINBERG
SIPRS
ST
SNARIZ
SSA
SK
SPCVIS
SOFA
SIPDIS
SAN
TC
TI
TBIO
TH
TSPL
TRGY
TSPA
TPHY
TU
TW
TS
TAGS
TK
TX
TNGD
TZ
TF
TL
TV
TN
TD
TIP
TR
TP
TO
TT
TFIN
THPY
TERRORISM
TINT
TRSY
TURKEY
TBID
US
UK
UNGA
UP
UZ
UNMIK
USTR
UNO
UNSC
UN
UNESCO
UNAUS
UNHRC
UY
UG
UNHCR
UNCND
USOAS
USEU
UNICEF
UNEP
UV
UNPUOS
UNCSD
USUN
UNCHR
UNDC
USNC
UE
UNDP
UNC
USPS
USAID
UNVIE
UAE
UNFICYP
UNODC
UNCHS
UNIDROIT
UNDESCO
UNCHC
Browse by classification
Community resources
courage is contagious
Viewing cable 06SANJOSE280, NEW LAW STRENGTHENS COSTA RICAN IMMIGRATION
If you are new to these pages, please read an introduction on the structure of a cable as well as how to discuss them with others. See also the FAQs
Understanding cables
Every cable message consists of three parts:
- The top box shows each cables unique reference number, when and by whom it originally was sent, and what its initial classification was.
- The middle box contains the header information that is associated with the cable. It includes information about the receiver(s) as well as a general subject.
- The bottom box presents the body of the cable. The opening can contain a more specific subject, references to other cables (browse by origin to find them) or additional comment. This is followed by the main contents of the cable: a summary, a collection of specific topics and a comment section.
Discussing cables
If you find meaningful or important information in a cable, please link directly to its unique reference number. Linking to a specific paragraph in the body of a cable is also possible by copying the appropriate link (to be found at theparagraph symbol). Please mark messages for social networking services like Twitter with the hash tags #cablegate and a hash containing the reference ID e.g. #06SANJOSE280.
This record is a partial extract of the original cable. The full text of the original cable is not available.
UNCLAS SECTION 01 OF 04 SAN JOSE 000280
SIPDIS
DEPT FOR CA/OCS/ACS/WHA; WHA/CEN FOR JMACK; CA/OCS/CI
E.O. 12958: N/A
TAGS: CASC KFRD CS
SUBJECT: NEW LAW STRENGTHENS COSTA RICAN IMMIGRATION
AUTHORITY
-------
SUMMARY
-------
¶1. (SBU) On October 27, 2005 the Legislative Assembly
approved a draft law that criminalizes alien smuggling;
increases fines on airlines carrying passengers without
correct documentation; and fines individuals who aid, abet,
harbor, transport, and/or employ illegal migrants. After
nearly four years of political debate, the law is expected
to reduce illegal immigration. The new legislation will
come into effect on August 12, 2006. Human rights
organizations have spoken out vigorously about the law's
"draconian anti-human rights measures." It remains to be
seen whether the General Migration Directorate will receive
the resources needed to conduct the patrols and
investigations necessary to execute its new authority. END
SUMMARY.
-----------------------------
New Law In Effect Next August
-----------------------------
¶2. The last legislation on immigration was enacted in 1986
and it continues to serve as the country's migration law. It
does not criminalize human smuggling. The rise in smuggling
and illegal immigration was a major impetus in the decision
to draft new legislation four years ago. The President of
Costa Rica heartily supported the bill, emphasizing that it
would improve citizen security, reduce exploitation of
immigrants, and improve the GOCR's ability to collect social
security taxes. In a January 6, 2006 meeting, General
Migration Directorate Director Johnny Marin told ConOff that
the bill is a watershed in updating the law to reflect the
reality of Costa Rica's current migration trends. He
pointed out that the new law clearly articulates a
comprehensive migration policy that is focused on three
issues: public security, integration of foreigners who are
already living in Costa Rica, and preventing future waves of
immigrants. The full text of the law is available on-line
at: http://www.asamblea.go.cr/
¶3. Marin commented to ConOff that several issues in the new
law need to be developed further in future legislation. He
noted that the three pillars of the new migration policy are
going to be hard to implement. Marin shared that, due to
lack of political will, several important issues remain
untouched, such as the sections of the law which deal with
the amount of monthly income foreigners must show to obtain
status as residents in the country and the rules regarding
transmission of residency via marriage. He explained that
legislators are reluctant to attempt any changes to the bill
after the four long years of work it took to pass the
current version.
¶4. The new law states that foreigners who wish to obtain
legal permanent resident status as a "pensioner" must
demonstrate that they receive a minimum monthly pension of
USD 600 (Article 77). The law for retirees with no pension
seeking such status is contradictory. Article 77 states
they must show a "stable and permanent income from abroad"
in the amount of USD 1,000. However, Article 79 states that
retirees without a pension must demonstrate a "permanent and
stable income from abroad" in the amount of USD 2,000.
Marin himself pointed out this contradiction to ConOff, and
expressed his frustration that the paradox was not resolved
before the law was passed. He attributed the fact that the
amounts were not increased to efforts made by the
Libertarian legislators and an influential retirees
association.
--------------------------------------------- --------
New Smuggling Sanctions May Help U.S. Border Security
--------------------------------------------- --------
¶5. The new migration law explicitly criminalizes the
"illicit smuggling of people" for the first time in Costa
Rica. Marin commented to ConOff that this is one of the
strongest planks for getting tough on illegal migration.
The new law punishes "the transport of persons" with the
"intent to illicitly smuggle" them "into or out of the
country" by "evading established migratory controls or
utilizing false data or documents" with two to six years of
incarceration. The same punishment applies to persons who,
"with the intent to illicitly smuggle humans," "house, hide,
or conceal foreigners who enter or remain illegally in the
country." The punishment is increased by a third when the
individual involved is a government employee, or when minors
are involved in the smuggling process, whether as
accomplices or as victims (Article 245). The new law
stipulates that any foreigner who has entered the country
without following the proper procedures and is in the
country without the necessary legal documents may avoid
deportation if the person opts to press charges against
those individuals involved in their illegal entry and if
they cooperate with local authorities in the ensuing
investigation.
--------------------------------------------- -----------
Enhanced Sanctions For Complicity With Illegal Migration
--------------------------------------------- -----------
¶6. The new Migration Law has stiffer and more detailed
penalties for individuals who aid, abet, harbor, transport,
and/or employ illegal migrants. Director Marin pointed out
to ConOff that the 1986 legislation had only one section
that encompassed all regulations regarding "international
transport" issues. The new law has expanded this into four
sections, dealing with maritime, air, and land transport
separately, as well as a section that addresses "general
norms." Marin expressed confidence that the new law will
provide the Migration Department with expanded oversight and
investigative authority that should help cut down
significantly on the illegal flow of people and goods,
provided that staffing levels and resources are adequately
funded.
¶7. International transport companies will now be
responsible for presenting travel documents of each
passenger and crewmember, along with passenger lists
(Article 150). Sea vessels must present this information
eight days prior to arriving at a Costa Rican port (Article
157).
¶8. The new law prevents any boat from sailing or any plane
from taking off prior to receiving formal approval from the
Migration Directorate that all individuals on board comply
with migration requirements (Articles 158 and 161). Failure
to comply with this rule will result in administrative
proceedings being taken against the port's captain or the
air traffic controller for "grave error in exercising his
duties." The Migration Directorate will also be able to
board ships to conduct migratory checks of the passengers
either in port or while the boat is in national or
international waters. All inspection costs will be covered
by the maritime vessel involved (Articles 160 and 161).
¶9. The Migration Directorate will now be able to prevent
the entry or exit of any ground transport, national or
international, which is carrying individuals who do not
comply with migratory requirements. The Directorate will
also be able to detain vehicles for the time necessary to
ensure that all passengers comply with these requirements.
¶10. Any person representing an international transport
company whose vehicle, plane, or boat enters the country
with foreigners not in compliance with migration
requirements can be fined three to twelve times the base
monthly salary established by law. This fine can also be
applied to any foreigner who remains in Costa Rica after the
departure of the vessel by which he entered the country.
Repeat offenders in either of these areas may be subject to
administrative proceedings involving formal charges
(Articles 168 and 169). These are new sanctions that do not
appear in the existing migration legislation. Current law
states that international transport companies can be fined
$30-$45 for each person who enters the country via their
company and who is not in compliance with migration
requirement or who remains behind after the departure of the
vessel by which they entered the country (Articles 103 and
105 of 1986 legislation). The new law will also hold
transport companies financially responsible for all costs
involved with foreigners who remain in the country while
their status (whether they can stay or must leave the
country) is being determined (Article 153).
¶11. The new bill increases the sanctions against
individuals who harbor and/or employ illegal migrants
(Articles 173 and 178) from two to twelve times the minimum
monthly salary.
--------------------------------------------- ----------
New Law Criticized For Alleged Human Rights Infractions
--------------------------------------------- ----------
¶12. Several entities involved with migration issues have
expressed concern about the law. Presidential candidate
Oscar Arias unsuccessfully asked the President to veto the
bill due to his concerns that it could lead to abuse of
illegal immigrants. The Human Rights Ombudsman's office,
the Catholic Church, and the U.N. High Commission for
Refugees (UNHCR) also expressed strong reservations about
the law. The Human Rights Ombudsman's Office (an
independent entity within the GOCR) was worried that there
is no system of checks and balances in place; the new law
gives General Migration Directorate final authority on
several matters. Article 220 of the new law states that
decisions made by the Migration Department to deny a visa,
refuse entry, or deport an individual cannot be appealed.
However, Migration Department Director Marin pointed out to
ConOff that the law does allow for appeals in some
circumstances; Article 219 cites five specific instances in
which appeals to the Migration Directorate's decision can be
made regarding the status of foreigners who are already
legally in the country.
¶13. The Catholic Church was concerned about measures that
would mete out jail sentences to individuals assisting
undocumented labor migrants. The Church succeeded in
getting the language changed such that individuals can
provide humanitarian assistance to undocumented migrants
without fear of going to jail. The UNHCR is worried that
the internationally accepted definition of refugee is not
used in the text, and key articles dealing with the
treatment and status of refugees (Articles 108 and 113) use
definitions created by the Legislative Assembly as opposed
to the internationally recognized terms. When asked about
the motive for this decision, Migration Department Director
Marin explained that one legislator decided it was pointless
to repeat definitions that had already been used in the
Geneva conventions to which Costa Rica is a party, so he
decided to craft his own. (Note: Marin expressed
frustration at the many thousands of Colombians in Costa
Rica with refugee status. It appeared that he supported the
narrower definitions included in the law; he said it is the
GOCR's right to establish whatever refugee definitions are
appropriate for Costa Rica. End Note.)
¶14. A spokesperson for the International Organization of
Migration (IOM) commented in a recent press interview that
the law does not adhere to standards set out in the U.N.
Protocol to Prevent, Suppress, and Punish Trafficking in
Persons. The Public Security Ministry responded that the
new legislation "complements international agreements
signed, ratified, and in force in Costa Rica." (Note: The
U.N. Protocol to Prevent, Suppress, and Punish Trafficking
in Persons was ratified by Costa Rica on September 9, 2003
and entered into force on December 25, 2003. End Note.)
¶15. After four years of debate in the legislature, the
Constitutional Court also weighed in, providing suggestions
to modify an area of the law that, in the Court's view,
contained potential Constitutional shortcomings. On July
21, 2005, the Court issued an opinion stating that paragraph
one of Article 67, aimed at reducing marriage fraud as a
means of obtaining citizenship, was unconstitutional. The
law's draft language stated that the Costa Rican citizen in
the marriage would have to prove the union's legitimacy by
having lived overseas for a year with a foreign spouse. The
Court pointed out that the GOCR could not require a citizen
to live outside of his country on any grounds. The bill's
text was changed to eliminate this constitutional weakness.
Marin expressed his frustration to ConOff regarding the new
law's inability to outlaw marriages by proxy in which
foreigners are able to marry Costa Ricans and be in full
compliance with all the current requirements for residency
without having ever met their spouse. He explained that
Chinese and Cuban citizens widely abuse the current
loopholes in the system to gain Costa Rican citizenship.
--------------------------------------------- -
Funding Uncertain for New Law's Implementation
--------------------------------------------- -
¶16. Marin declined to comment directly on funding issues,
but candidly pointed out that his research indicates he
needs at least 300 more staff to carry out the new mandate
adequately. He stated that the Migration Directorate will
need "international dollars" to implement the new
legislation correctly. Marin added that due to payments on
the national debt, the Migration Directorate only receives
one-third of its allocated budget. He explained that
several key border posts lack the most basic tools, such as
vehicles, to investigate reported cases of illegal migration
and lawyers on staff who know the law and can build a case.
He mentioned that in San Jose alone, there are over 500
pending immigration investigations that are not attended to
due to lack of resources. Marin explained that some border-
crossings close at 4:30p.m., and that anyone who wants to
can easily cross over after the officials have gone home for
the evening.
-------
COMMENT
-------
¶17. It appears that the challenge facing the migration law
is whether the GOCR has the political will and financial
resources to enforce it. It remains to be seen how the
implementing legislation, which is scheduled to be presented
to the newly elected President this summer, will be received
by the new administration. If the GOCR is successful in
eking out the required funds from its already cash-strapped
budget to fully enforce the new law, Nicaraguans who used to
come to Costa Rica looking for work may now start going
elsewhere, presumably north.
LANGDALE