Argentina Immigration Law 25871

Argentina Immigration Law 25871

Argentina Immigration Law 25871

Argentine Immigration Policy

Rights and Duties of Foreign People. Powers of the State. Admission of foreign people in the Argentine Republic and the exceptions. Entrance and departure of people. Duties of the international means of transport. Stay of foreign people. Legal and illegal issues of stay. Procedure of the sources. Competence. Taxes. Argentine people abroad. Authority of implementation. Complementary and transitory dispositions.
Sanctioned: 17th December of the year 2003.
Promulgated in fact: January 20th of the year 2004.
The Senate and the Chamber

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    PRELIMINARY TITLE

    ARGENTINE MIGRATORY POLICY CHAPTER I
    SCOPE OF APPLICATION
    ARTICLE 1.
    ARTICLE 2 — For the purpose of the present law, we understand that an immigrant is a foreigner who wishes to enter, travel, live, or stay in a definitive, temporary, or transitorily way in the country in accordance with the legislation in force.

    CHAPTER II
    GENERAL PRINCIPLES
    ARTICLE 3
    a)
    b) To contribute to the achievement of demographical policies of the National Government regarding the extent, rate of increase, and geographical distribution of the population in the country;
    c) To contribute to the enrichment and strengthening of the cultural and social fabric of the country;
    d) To guarantee the exercise of the right of the reunification of the family;
    e)
    f) To guarantee that all the people who require to be admitted to the Argentine Republic in a permanent or temporary way, enjoyment of the judgment and proceedings of admission;

    g) To promote and spread the duties, rights, and guarantees of the migrants, in accordance with what is established by the National Constitution, international commitments, and the laws, keeping the humanitarian tradition at a high level and open regarding the migrants and their families;
    h) To promote the insertion and integration into the work market of the immigrants that live in a legal way to take the best advantage of their personal and work capacities;
    i) To facilitate the entrance of visitors to the Argentina Republic in order to motivate commerce, tourism, cultural, scientific, and technological activities, and international relations;
    j) To promote international order and justice, refusing the entrance and/or staying in the Argentine territory to people involved in acts criminally repressed by our legislation;

    k)

    TITLE I
    OF RIGHTS AND DUTIES OF THE FOREIGNERS
    CHAPTER I
    OF RIGHTS AND FREEDOM OF FOREIGNERS
    ARTICLE 4 — The right of migration is essential and inalienable of the person and the Argentina Republic guarantees what is based on the principles of equality and universality.
    ARTICLE 5
    ARTICLE 6
    ARTICLE 7
    ARTICLE 8 — In no case, the rights for health, social assistance, and medical assistance will be denied or restricted if the foreigner requires them, no matter the migratory condition they have.
    ARTICLE 9 — The migrants and their families will have the right to be provided by the State information regarding:
    a)
    b) The requirements established for his admission, staying, and leaving;
    c) The authority of application will adopt all the measures that he considers to be accurate in order to spread the before mentioned information and, in the case of migrant workers and their families, also watch that this information is being supplied by employers, labor unions or other organs or institutions.
    ARTICLE 10. — The State will guarantee the right of family reunification of the immigrants with their parents, spouse, minor single sons/daughters, or eldest sons/daughter with different capacities.
    ARTICLE 11. — The Argentina Republic will facilitate, in accordance with national and provincial legislation in this matter, the consultation or participation of foreigners in the decisions regarding public life and administration of the local communities where they reside.
    ARTICLE 12. — The State will fulfill all that is established in the international conventions and all others that establish the rights and duties of the migrants, that would have been properly ratified.
    ARTICLE 13
    ARTICLE 14
    a) Carrying out the courses of the Spanish language in schools and foreign cultural institutions legally recognized.
    b)
    c)
    d) The organization of the training courses based on judgments of cohabitation in a multicultural society and the prevention of discriminatory behaviors, for managers and government employees, and private entities.
    ARTICLE 15
    ARTICLE 16

    ARTICLE 17

    CHAPTER II
    ARTICLE 18
    ARTICLE 19
    a)
    b)
    c)

    TITLE II
    OF THE ADMISSION OF FOREIGNERS TO THE ARGENTINA REPUBLIC AND ITS EXCEPTIONS
    CHAPTER I
    OF THE CATEGORIES AND ADMISSION OF THE CATEGORIES AND TERMS OF ADMISSION
    ARTICLE 20. — The foreigners will be admitted to enter and stay in the country in the categories of permanent residents, temporary residents, or transitory residents. Until the corresponding proceedings are formalized, the authority of application can grant authorization of ―unstable residence, which will be revocable by the same one, when the reasons that were taken into account to grant it were divested of citizenship. Its validity will be for one hundred and eighty (180) continuous days, which can be renewed, until the resolution of the required admission, and will allow its holders to stay, leave, and re-enter the national territory, work, and study during the term of duration. The extension and renewal of the ―unstable residence do not generate a right to a favorable resolution regarding the required admission.
    ARTICLE 21
    ARTICLE 22. — It will be considered as a “permanent resident” every foreigner that, with the purpose of establishing permanently in the country, can obtain from the Dirección Nacional de Migraciones. The authorities will allow free entrance and staying in the territory.
    ARTICLE 23. — It will be considered as ―temporary residents all those foreigners that, under the conditions that the regulations will establish, enter the country in the following subcategories:
    a) Migrant worker: those who enter the country in order to work in a legal activity, a paid one, with authorization to stay in the country for a maximum of three (3) years;

    b)
    c) Pensioner: who receives from a government or from international institutions or from particular companies for services done in a foreign country, a pension, which amount will allow a regular and permanent income in the country.
    d) Investor: who will invest his own goods in order to carry out activities for the interest of the country. It could be granted a term of residence up to three (3) years, extendable, with multiple entrances and departures.
    e)
    f)
    g)
    h)
    i)
    j) Students: with authorization to stay in the country for two (2) years, extendable, with multiple entrances and departures. The interested person must demonstrate the application form of the educative institution where he will attend the course and, for the consecutive renewals, certification of his condition as a regular student.
    k)
    l)
    m)
    ARTICLE 24
    a) Tourists;
    b) Passengers in transit;
    c) Borderline neighborhood transit;
    d) International Transport Crew;
    e) Seasonal Migrant Workers;
    f) Academic;
    g) Medical Treatment;
    h) Special ones: Foreigners that relate to humanitarian reasons that receive special treatment justified by the National Head Office of Migrations.
    ARTICLE 25. — The foreigners accepted in the country as ―temporary residents or ―transitory residents will be able to stay in the national territory during the authorized staying term, with its corresponding extensions, with the obligation of leaving it when the before-mentioned term is expired.

    ARTICLE 26. — The proceedings, requirements, and conditions to enter to the country, according to the mentioned subcategories, will be fixed in the Regulations of Migrations.
    ARTICLE 27
    a) Members of the diplomatic corps and consular officials authorized in the Republic, altogether with the other members of the permanent or special diplomatic Missions and of the consular offices and their families that, in accordance with the rules of the International Rights, will be free of the duties related to obtaining a migratory category of admission;
    b) Representatives and delegates, altogether with the rest of the members and their families of the permanent Missions or of the Delegations before the Inter-governmental Organizations situated in the Republic;
    c) Officials of the International or Inter-governmental Organizations with offices in the Republic, altogether with their families, to whom the treaties in which the Republic will be party exempt them of the duty of the consular visa;
    d) Holders of Argentine diplomatic visas, official or of courtesy.
    ARTICLE 28. — The foreigners included in Treaties or Agreements of Migrations signed by the Argentine Republic will be ruled by what is established by them and by this law, in the most favorable supposed case of the migrant person. Argentina is a region regarding those countries that are in the third post within the region process, with the priority of the necessary measures for the achievement of the final objective of the free movement of people in the MERCOSUR.

    CHAPTER II
    OF THE IMPEDIMENTS
    ARTICLE 29. — The causes of impediments to the entrance and stay of foreigners in the National Territory:
    a)
    b) To have a prohibited entrance, to have been the objective of measures of expulsion or prohibition of re-entrance, until those measures will be revoked or the term imposed for that purpose would have been fulfilled;
    c) To have been sentenced or serving a sentence, in Argentina or any other foreign country, or having records for arms trade, trafficking of in persons, drug trafficking;
    d)
    e) To have a record for terrorism activities or for being a member of national and internationally recognized as being charged for actions judged by the International Criminal Court or by the law 23077, of Defense of Democracy;
    f) To have been sentenced in Argentina or had records for promoting or facilitate, with a lucrative purpose, the illegal entrance, stay or departure of foreigners in the National Territory;
    g) To have been sentenced in Argentina or had records for presenting documentation material or ideologically false or adulterated, in order to obtain a migratory benefit for himself or for a third party;
    h) To promote prostitution, take it as a profitable issue; to have been sentenced or had records, in Argentina or in a foreign country for promoting prostitution;
    i) To intend to enter or had entered to the National Territory avoiding the migratory control or throughout a place or time not authorized for that purpose;
    j)
    k)

    CHAPTER III
    OF THE DOCUMENTS
    ARTICLE 30. — The foreigners with permanent or temporary residence will be able to obtain the National Identity Card. ARTICLE 31. — The applicants for refuge or asylum, with authorization of uncertain residence, can obtain their National Identity Card once they are recognized as ―refugees or a ―political refugee by the competent authority.
    ARTICLE 32
    ARTICLE 33
    a) The nationality of the holder;
    b)
    c) The act in which the benefit was granted and the number of resolutions;
    d)

    TITLE III
    OF ENTRANCE AND DEPARTURE OF PEOPLE
    CHAPTER I
    OF ENTRANCE AND DEPARTURE
    ARTICLE 34. — The entrance to the country will be authorized to foreigners who do not meet all the requirements established by law and its regulations when there are exceptional reasons of a humanitarian kind, public interest, or fulfillment of accomplishments acquired by Argentina.
    ARTICLE 35. — Those rejections that will be motivated by presenting material or ideologically false documentation or if it has an apocryphal attestation, will imply a prohibition of re-entrance of five (5) years. If after the corroboration, the fact is confirmed, there will be an immediate cancellation of the temporary authorization of stay and the rejection of the foreigner.
    ARTICLE 36. — The migratory authorities will be able to prevent the leaving of the country to any person who does not hold the necessary documentation, in accordance with what is established by this law and its regulations.
    ARTICLE 37

    CHAPTER II
    OF OBLIGATIONS OF THE INTERNATIONAL MEANS OF TRANSPORT

    ARTICLE 38
    ARTICLE 39. — In the same conditions and terms, the people mentioned in the before article, will be responsible for the care and custody of the passengers and crew.
    ARTICLE 40. — When the migratory authority rejects the entrance of any person, captain, commander, ship-owner, owner, the person in charge of or responsibility for the means of transport.
    ARTICLE 41. — The captain, commander, ship-owner, owner, the person in charge of or responsible for a means of transport of people within the country, or from it or in it.
    ARTICLE 42. — The preceding articles will be not applied in the case that the foreigners will request the status of refuge or asylum in the country.
    ARTICLE 43

    a)
    b)
    c) When the expulsion is motivated by failures in the documentation at the entrance of the foreigner detected at the moment of control and it would have to be done with custody, the company of transport used for the entrance will have to be in charge of the return ticket of the custody staff and the corresponding provisions for the journey.
    In all cases, the corresponding system of interests would have to be clearly established.
    ARTICLE 44
    a) Is a member of a family group;
    b)
    c) Is of the same nationality or of the registration of the means of transport that will be in charge of the transport.
    ARTICLE 45

    ARTICLE 46

    ARTICLE 47. — The Home Office, throughout the proposal of the National Head Office of Migrations, will approve the regulating nomenclature of the amount of the fines imposed for the infringements to the provisions of the present title.
    ARTICLE 48. — In the case of non-compliance with the obligations established in articles 40, 41, 43, and 44 of the present, the authority of imposition will be able to decide the temporary interdiction of leaving from the national territory, air space, or waters under Argentine jurisdiction, regarding the corresponding means of transport.
    ARTICLE 49. — It can be imposed collateral securities in cash or documentary ones to the companies, firms or owning agencies, consignees, operating or the responsible organizations of any means of transport, as a guarantee of accomplishment of the obligations of driving back or transport that are imposed by the present law.
    ARTICLE 50. — The authority of implementation will establish the amount of the securities and the arrangements, terms, and conditions of the performance, and requirements for its cancellation, refund, or collection operation.

    TITLE IV
    OF THE STAY OF THE FOREIGNERS
    CHAPTER I
    OF WORK AND ACCOMMODATION OF THE FOREIGNERS

    ARTICLE 51. — The admitted or authorized foreigners as ―permanent residents will be able to perform any gainful or profitable job or activity, as self-employed or as an employee, being protected by the corresponding law.

    ARTICLE 52. — The foreigners admitted or authorized as ―transitory residents will not be able to perform gainful or profitable jobs, even if they are self-employed or employees, except the ones included in the subcategory of ―seasonal migrant workers or apart from the ones that were exceptionally authorized by the National Head Office of Migrations in accordance to what is established by the present law or in Agreements of Migrations signed by the Argentina Republic.
    ARTICLE 53. — The Foreigners that reside in an irregular way in the country will not be able to work or perform gainful or profitable jobs, as self-employed or as an employee, with or without dependence.
    ARTICLE 54. — The foreigners will be kept updated, before the National Head Office of Migrations, throughout the way and terms established by the regulations, the details regarding his address, where all the notifications will be considered valid ones.

    CHAPTER II

    ARTICLE 55
    ARTICLE 56. — The implementation of the present law will not exempt the employer or the person who offers work from the compliance of the obligations that arise from labor legislation regarding the foreigner, no matter what the migratory condition is; moreover, the achieved rights of the foreigners will not be affected, as a consequence of the work already performed, whatever would be his migratory conditions.

    ARTICLE 57. — Anyone who makes an agreement or agrees with foreigners that reside in an irregular way in the country regarding the purchase, sale, or implementation of a tax on property, rights or property to be registered, or the implementation or integration of civil and commercial societies, will have to clearly inform it to the migratory authority.
    ARTICLE 58
    ARTICLE 59. — Those who infringe the dispositions established by article 55, the first paragraph of the present law, will be mutually sanctioned with a fine. The repetition will be considered as an aggravating circumstance of the infringement and it will increase the amount of the fine imposed up to fifty percent (50%).
    If there is a request of the infractor, who proves the lack of enough financial resources, the National Head Office of Migrations will exceptionally, throughout a disposition, decide in this specific case, a decrease of the amount of the fine to be imposed or authorize its payment in installments.

    ARTICLE 60. — The sanctions will be measured in accordance with the nature of the infringement, the person, and the background regarding the subject, and in the case of reiteration of infringements to the present law; the same ones will be accumulative and progressive.

    TITLE V
    OF LEGALITY AND ILLEGALITY OF STAY
    CHAPTER I
    OF DECLARATION OF ILLEGALITY AND CANCELLATION OF STAY
    ARTICLE 61
    ARTICLE 62. — The National Head Office of Migrations, without prejudice of the corresponding judicial proceedings, will cancel the residence that would have been granted, with the suspensive effect:
    a) With the purpose of achieving a migratory benefit of Argentine citizenship, there would have been a performance of a fact or a simulated act;
    b) The resident would have been judicially condemned in the Republic for a fraudulent crime that deserves the penalty involving personal restraint of more than five (5) years or registers a reiterative behavior in the commitment of crimes. In the first supposing fact, when the sentence has been fulfilled, it must pass a term of two (2) years for the definitive sentence of cancellation of residence. In the case of silence of the Administration, during the thirty (30) days after the expiration of the before-mentioned date, the residence will be considered as a firm;
    c) The beneficiary of a permanent residence would have stayed outside the National Territory for a term of more than two (2) years or half of the agreed time, if it is regarding a temporary residence, with the exception of the case that the absence is due to the exercise of an Argentine public post or that it would have been generated for activities, studies or investigations that for the National Head Office of Migrations would be for the interest or for the benefit of the Argentine Republic or throughout of an express migratory authorization that can be requested throughout the Argentine consular authorities;
    d)
    e) The Home Office will be able to decide the cancellation of the permanent or temporary residence and the expulsion from the Republic of any foreigner, no matter the situation of the residence, when he performs in the country or abroad, any of the activities established in the subsection d) and e) of the article 29 of the present law. Besides, such exemption will be granted, considering the term of legal or immediate stay, previous to the causal factors established in subsections a) to d) of the present article.
    ARTICLE 63
    a)
    b)
    ARTICLE 64
    a)
    b) Foreigners who are under judicial proceedings, in the case they had a firm sentence of conditional execution. The execution of banishment will make the penalty, previously imposed by the Court of the jurisdiction, be fulfilled;
    c)
    ARTICLE 65
    ARTICLE 66

    ARTICLE 67
    ARTICLE 68. — The interested person will have the reasonable opportunity, even after departure, to claim the corresponding issues regarding payment of salaries and other services, and also to fulfill the pending obligations. It can be required from him the payment of his travel charges from the point of departure to the place of destination, without prejudice of what is established in Title III.
    ARTICLE 69. — For those foreigners that are not allowed to leave the country due to a judicial disposition, the migration authority will grant them ―uncertain residence authorization.

    CHAPTER II
    OF PROVISIONAL REMEDIES

    ARTICLE 70. — In all cases, the time of retention will not exceed the strictly necessary one in order to carry out the expulsion of the foreigners.
    When the retention is carried out, it will be immediately informed to the court that had ordered it.
    ARTICLE 71. — When the retention of the foreigner is carried out, the authority of implementation will be able to decide his temporary freedom under collateral security or promissory oath which will be fixed in each case, when the expulsion cannot be fulfilled in a prudential term or in the case of existence of causes that justify the issue.
    ARTICLE 72

    ARTICLE 73

    TITLE VI
    OF APPEALS PROCEDURE
    CHAPTER I
    OF APPEALS PROCEDURE
    ARTICLE 74. Injury subjective rights or legitimate interest, in these cases, there will be a revision at administrative and judicial offices, when:
    a) The admission or the stay of a foreigner is refused;
    b) The authorization of permanent, temporary, or transitory is canceled;
    c) The foreigner is warned to leave the country or his expulsion is ordered;
    d)
    ARTICLE 75. — Such an appeal will be lodged against the acts ordered by the National Head Office of Migrations and will be solved by it.
    In the case that the act would have been ordered by a representative authority, this one will solve the issue, without prejudice of the right of retrieval of the mentioned Head Office, unless the representation would have finished at the time of the deduction of the appeal, in this assumed case the delegating party will solve it.
    The Appeal of Reconsideration must be deducted within ten (10) working days of the relevant notification of the act and before the same institution that has decided about it.
    ARTICLE 76
    ARTICLE 77. — The Appeal of Reconsideration has the implicit Appeal fixed before a higher administrative authority in assistance, in the case of decisions made by the representative authority. In accordance with that issue, when the reconsideration would have been refused – expressly or tacitly-, the proceedings must be lodged in the National Head Office of Migrations within the term of five (5) working days, by operation of law – supposed express refusal – or by the party request – supposed silence.

    ARTICLE 78. — The administrative acts that decide on the issues detailed in article 74, can also become an object of Appeal fixed before a higher administrative authority to be lodged before the issuer authority of the act that has been appealed within the fifteen (15) working days of clear notification and will be lodged by operation of law and within the term of five (5) working days to the National Head Office of Migrations.
    The before mentioned Institution will have to decide about the Appeal fixed before a higher administrative authority, within thirty (30) working days starting from the reception of the proceedings. If the latter has been brought, it will not be indispensable to find the Appeal fixed before a higher administrative authority again.
    ARTICLE 79. — Against the acts established by the National Head Office of Migrations in the terms of Article 74, it will proceed by the option of the interested party.
    ARTICLE 80. — The choice of judicial means will make to lose the administrative one; but the application of appeal to a superior court will not prevent to discontinue it in any of the status in order to promote the judicial proceeding and also will not hinder the articulation of it, once the administrative appeal has been solved.
    ARTICLE 81
    ARTICLE 82. — The application of administrative or judicial appeals, in the predicted cases of Article 74, will suspend the execution of the established measure until it will be firm.

    ARTICLE 83. — In the cases which are not predicted in this Title, the dispositions of the law 19549 and the Decree N° 1759/72 and its modifications will be additionally applied.

    ARTICLE 84. — The term for the application of the corresponding appeal, will be of thirty (30) working days, starting from the reliable notification of the interested party.
    ARTICLE 85. — When the request has been brought, the judge must issue regarding its merits, considering the circumstance of the case, and if he considers it appropriate, he will require the involved administrative authority a report on the causes of the delay appealed for, fixing a limited time for it. The judicial decision cannot be questionable. When the requirement is answered or the term to do so has expired, without having the corresponding decision, the judge will make the corresponding decision regarding the delay and order.

    ARTICLE 86. – The foreigners that are in the national territory and demonstrate a lack of financial resources, will have the right to free of charge legal assistance. Also, they will have the right to have the assistance of an interpreter/s if they do not understand or do not speak the official language.
    ARTICLE 87
    ARTICLE 88. – The impossibility of payment of the established rate for the application of the appeals, cannot be an impediment in order to accede to the appeal procedures established in the present Chapter.
    ARTICLE 89.-

    CHAPTER II
    OF THE REVISION OF DECISION-MAKING ACTS
    ARTICLE 90. – The Home Office and the National Head Office of Migrations will be able to revise, by operation of law or by the request of the party its own decisions and the ones from the representative authorities.

    CHAPTER III
    OF COLLECTION OF FINES
    ARTICLE 91. — The fines imposed due to what is established in the present law, must be paid within the term, in the place, way, and use ruled by the regulations.
    ARTICLE 92. — Against the decisions that decide the sanction, fine, or security, there will an application of the Appeal filed before a higher administrative authority established in articles 77 and 78, or the judicial one in article 84 of the present law. The latter will have to be filed with a clear guarantee of the previous deposit of the fine or the fulfillment of the imposed security.
    ARTICLE 93. — When the imposed fines in accordance with the present law had not been paid within the fixed time, the National Head Office of Migrations will take action for the judicial collection, by means of fiscal execution, within the term of sixty (60) days of having been set fixed.
    The certification made by that institution will be enough execution title for that purpose. The Federal Justice will be competent in understanding the execution means.

    ARTICLE 94

    ARTICLE 95. — The domiciles by choice in the corresponding administrative proceedings will be valid in the judicial proceedings.

    CHAPTER IV
    OF THE EXTINGUISHMENT
    ARTICLE 96
    ARTICLE 97. — The extinguishment will be interrupted for the commitment of a new infringement or for the consequence of administrative or judicial proceedings.

    TITLE VII
    COMPETENCE
    ARTICLE 98. — The National Courts of First Instance in Federal Administrative Proceedings or the Federal Courts from provinces of the country will be competent in order to understand what is established in Titles V and VI until the creation of a specific forum in migratory matters.

    TITLE VIII
    OF CASH RATES OF SERVICES
    ARTICLE 99. — The National Executive Power will determine the acts of the National Head Office of Migrations which will be taxed with cash rates of services, establishing the amounts, requirements, and ways of collection.
    ARTICLE 100
    ARTICLE 101. — The funds collected from the rates regarding the present law, will be deposited in the place and was established by the regulations.

    TITLE IX
    OF ARGENTINE CITIZENS ABROAD
    ARTICLE 102. — The government of the Argentine Republic will be able to sign agreements with the States where Argentine emigrants reside in order to guarantee the equality or assimilation of the labor rights and social security that rule in the receiving country.
    ARTICLE 103
    ARTICLE 104

    TITLE X
    OF THE AUTHORITY OF IMPLEMENTATION
    CHAPTER I
    AUTHORITY OF IMPLEMENTATION
    ARTICLE 105

    ARTICLE 106. — The public powers will stimulate the strengthening of the associative movement among the immigrants and will support the trade unions, business organizations, and non-governmental organizations that, without profitable intention, will benefit the social integration, offering help according to their possibilities.

    CHAPTER II
    OF THE NATIONAL HEAD OFFICE OF MIGRATIONS
    ARTICLE 107. — The National Head Office of Migrations will be the institution of implementation of the present law, with competence over the admission, authorization of residence and its extension, in the National Territory and abroad, being able to establish for that purpose, new delegations with the aim of authorizing permissions of entrance; extension of stay and changes of qualifications for foreigners. Besides, it will control the entrance and departure of people in the country and will control the stay and the police power of foreigners all over the territory of the Republic.
    ARTICLE 108

    CHAPTER III

    ARTICLE 109
    ARTICLE 110
    ARTICLE 111. — The competent authorities that grant the Death Certificate of foreigners will have to inform the National Head Office of Migrations within a fixed time of fifteen (15) days, in order that this one can update the records.

    CHAPTER IV
    OF MIGRATORY RECORDS
    ARTICLE 112. — The National Head Office of Migrations will create those records that become necessary for the fulfillment of the present law.

    CHAPTER V
    OF THE AUXILIARY MIGRATORY POLICE
    ARTICLE 113
    ARTICLE 114. — The Auxiliary Migratory Police will be integrated by the ―Prefectura Naval Argentina (Argentine Naval Prefecture), the ―Gendarmeria Nacional (National Gendarmerie), the ―Policia Aeronáutica Nacional (National Aeronautical Police), and the ―Policía Federal (Federal Police), which in such duties, will be obliged to offer to the National Head Office of Migrations the required collaboration.
    ARTICLE 115

    CHAPTER VI
    CRIMES TO THE MIGRATORY ORDER
    ARTICLE 116. — There will be a punishment of imprisonment or confinement from one (1) to six (6) years for the one who would commit, promote or facilitate the illegal trafficking in persons from, or with destination to the Argentine Republic.
    ARTICLE 117. — There will be a punishment of imprisonment or confinement from one (1) to six (6) years for the one who would promote or facilitate the illegal stay of foreigners in the Territory of the Argentine Republic with the purpose of achieving a benefit in a direct or indirect way.
    ARTICLE 118
    ARTICLE 119. — There will be a punishment of imprisonment or confinement from TWO (2) to EIGHT (8) years for the one who performs the behavior described in the present article, applying violence, intimidation, swindling, or abusing from the necessity or from the lack of experience of the victim. (Article replaced by the art. 15 of the Law N° 26.364 O.B. 04/30/2008)
    ARTICLE 120. — The fines described in the present chapter will be aggravated from three (3) to ten (10) years when some of the following circumstances have been verified:
    a) If that circumstance becomes a habitual activity;
    b) If an official or public officer in exercise will participate in the fact or in the occasion of their duties or in the abuse of his labor post. In this case, he will be also imposed with absolute perpetual disqualification to be in public posts.
    ARTICLE 121. — The fines established in the present chapter will be aggravated from FIVE (5) to FIFTEEN (15) years when the life of the migrant would have been put at risk, as well as his health or his integrity or when the victim has the status of a minor; and from EIGHT (8) to TWENTY (20) years when the trafficking in persons would have been carried out with the purpose of committing acts of terrorism, drug trafficking activities or money laundering.
    (Article replaced by the art. 16 of the Law N° 26.364 O.B. 04/30/2008)
    TITLE XI
    COMPLEMENTARY AND TRANSITORY PROVISIONS
    ARTICLE 122. — The present law will be in force from the moment of its publication. When the entry into force of the present law has occurred, its regulations will be applied even in the cases that a firm decision would be pending until that date.
    ARTICLE 123. — The elaboration of the regulations of the present law will be in charge of the authority of implementation.
    ARTICLE 124

    ARTICLE 125
    ARTICLE 126. — Report this to the Executive Power. PERFORMED IN THE CHAMBER OF SESSIONS OF THE ARGENTINE CONGRESS, IN BUENOS AIRES, ON THE SEVENTEENTH DAY OF THE MONTH OF DECEMBER OF THE YEAR TWO THOUSAND AND THREE.
    — REGISTERED UNDER THE NUMBER 25.871 —
    EDUARDO O. CAMAÑO — DANIEL O. SCIOLI — Eduardo D. Rollano — Juan Estrada

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