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Insidecostarica.com - San José, Costa Rica  -  Saturday 12  August  2006

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New Immigration Regulations Go Into Effect Today, But Who Will Enforce Them?
Today, the changes to the Ley de migración y extranjería (immigration law) go into effect, however, there won't be anyone there to enforce it, according to the Immigration director, Mario Zamora, for lack of sufficient officials and financial resources.

Fernando Berrocal,  Ministero de Seguridad (Security Minister) confirmed the impossibility of the immigration service to apply the new regulations, saying that "no one is obligated to do the impossible".

However, the Minister added that the new rules are in place and that the government will respect them, though the government doesn't have the financial resourced, some ¢7 billion colones (us$13.6 million dollars) needed.

The hiring of more police (565 to the existing 35), vehicles, office equipment, purchase land and construct a building to house detainees and new immigration centres, is beyond the government's financial resources,as no provisions were made for such by the previous government, said Berrocal.

The Security Minister confirmed that the Ministerio de Hacienda (Revenue Ministry) has assured him that the funds he has asked for are just not there.

The new regulations (passed by the previous Legislature) sanctions the illegal traffic of persons known as "coyotaje" with fines and jail terms for the offenders.

The new regulations also impose fines on those who employ and/or provide shelter to illegals, like a hotel for example. The fine can range from a few hundred dollars to thousands of dollars for each offence.

The new immigration rules also give the Policía de Migración (immigration police) broader powers of inspection of documents and to detain and deport any person who cannot demonstrate their legal right to be in the country, including visitors who overstay their tourist visas.

Although the law is on the books, the government finds itself in an impossible situation to enforce it. For reasons that are not very clear, the government waited until the last minute to send deferral proposal to the legislature, which was unable to put in on the agenda and debate it in time for today.

Berrocal has said that the government will push ahead for a deferral of the law for at least another six to nine months, allowing for time to make changes to the existing legislation for a more "practical" law .



Mario Zamora, director Costa Rican immigration service, say his department doesn't have the resources to comply with the new immigration regulations that come into force today.


 
   

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