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Removals & Deportations

Our legal advice and representation in immigration expulsion cases are essential for protecting the rights of individuals facing deportation.

Removals & Deportations

National Immigration Department

In Argentina, the National Immigration Department has the authority to remove or deport foreign nationals under Law 25,871. When an individual breaches immigration laws, the department can issue an administrative decision that cancels their residency, declares their immigration status irregular, orders their deportation, and prohibits their reentry into the country.

However, expulsions can be contested through various appeals, including reconsideration, administrative appeals, and hierarchical appeals, which can temporarily suspend the enforcement of the deportation order.

It is essential to highlight that migrants are considered vulnerable under national and international law. Human rights treaties, such as the American Convention on Human Rights, guarantee migrants the right to defense and due process during immigration procedures. These legal protections ensure access to a fair, transparent process while safeguarding their fundamental rights.

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Our services

Appeals

We file reconsideration, hierarchical, and administrative appeals against expulsion orders. Deadlines for these appeals are very short, typically between 10 and 15 days.

Suspension of expulsion

Besides filing administrative appeals, we request the suspension of the expulsion order while the appeal is pending.

Direct appeals

We file direct appeals to challenge expulsion orders before the Federal Administrative Court or the Federal Courts in other regions.

Detention of deporation

We represent migrants when the National Authorities initiate detention measures before administrative courts.

Additional information

Expulsion orders cannot be executed by the Immigration Department without further legal steps. Once the expulsion order becomes final, the authorities must initiate a legal process known as “detention for deportation.” A judge will then authorize the expulsion and compel the migrant to leave the country. Even at this stage, the right to legal defense and due process must be upheld. It is important to note that refugees and asylum seekers cannot be expelled under any circumstances.

Urgent Legal Procedures

Constitutional Protection Actions.

We file constitutional protection actions, including habeas corpus when personal liberty is at risk, to safeguard fundamental rights guaranteed by the Constitution.

Interim Measures

We take swift action to impose temporary measures, restraining administrative authorities from violating your rights.

Declaratory Actions

We initiate declaratory actions to challenge the constitutionality of laws, decrees, regulations, and other legal acts.