Chile's Senate approved in general on Tuesday, by 24 votes to 20, a bill making clandestine entry into the country a crime. The measure amends the Migration and Foreigners Law, imposing minor imprisonment and fines. Indications can be submitted until May 28.
After committees agreed to vote with simple quorum, the Senate approved the bill penalizing irregular entry with minor imprisonment in its minimum degree (61 to 540 days) and a fine of 5 to 10 UTM. The penalty rises to minor imprisonment in medium to maximum degree (541 days to 5 years) for those entering with an active entry ban. The Chamber of Deputies had passed it in January 2024 with 88 in favor, 34 against, and 14 abstentions.
Interior Minister Claudio Alvarado hailed the approval: “This is a project that undoubtedly constitutes a tool to address the migration irregularity emergency we have experienced in recent years in our country.” He added that it has a “dissuasive character” for prevention.
Opposition criticized the measure's effectiveness. Senator Pedro Araya (PPD) argued that “transforming an administrative infraction into a crime does not strengthen the State, on the contrary, it weakens it.” Yasna Provoste (DC) said the bill could make clandestinely entered people “stay in our country” instead of leaving.
From the government side, Senator Andrés Longton (RN) defended criminalizing the offense as enabling judicial expulsions “infinitely faster than administrative ones.” Cristián Vial (Ind. Rep) called it a “legal warning against the pull effect.”
