1. When a person is born, his parents have 40 days to record it in the Registry. After that time, registration is outside the statutory deadline and parents must complete a procedure in the Civil Registry to 12 years with two witnesses to prove the link. When they pass that age, is a judge who alone can authorize the registration of the undocumented.
2. In general there is a problem for parents who, after the legal time they encounter a complex bureaucratic web that makes them give up the task of registering their children.
3. In turn, the legal areas that have the task of sponsoring illegal immigrants are complicated monitoring the process as families are discouraged from continuing with it and Justice officials lack the infrastructure necessary to carry out an accompaniment to the families.
4. On the other hand there is a profound lack of information regarding the procedures to be carried out illegal aliens, by the school or the authorities Cabinets social area of \u200b\u200bthe municipalities.
5. State schools enroll undocumented children in an effort to guarantee their right to education. However, several obstacles found when having to deliver the final certificate of studies. Also can only attend primary school because the secondary les exige estar Documentado
6. Esta anómala situación no debería tener vigencia, puesto que al inscribir a los menores los padres deberían haber presentado el documento de identidad.
Sin embargo, la reiteración de esa carencia y el afán de no postergar el derecho a la educación, entendido como cuestión prioritaria, lleva a admitir la inscripción de esos alumnos, aunque fuese en términos provisionales.
UNA MIRADA HISTÓRICA
7. El indocumentado es fruto de la pobreza estructural; y su falta de inscripción tiene relación directa con la pauperización de las condiciones de vida de miles de personas fruto de la transformación de la economía, que expelled from the labor market who were excluded
8. Experience in our field, we conclude that the cycles where there are more cases of children who are undocumented or without registration in a timely manner, occur in times of economic or social crisis in Argentina
9. The problem of undocumented people is not new in our country, and the first time that this problem was detected in the 80's. Thus, the National Government has tried on several occasions since that date forward, give a kind of "amnesty" that would enroll illegal immigrants without judicial intervention, such as Law No. 22,710 (1983), Law No. 23,128 (1984), Law No. 23,828 (1990) and the decrees of the years 2002/2003/2004, all intended to temporarily remove all the bureaucratic requirements of registration after the deadline, giving a simple and rapid procedure for all undocumented people so far.
10. The result of these measures were not satisfactory, as the inscriptions obtained in each of the "amnesty" was very low compared with the existing illegal population. In addition, reality shows, and this was recognized in the Decree 90/2009 that there are about 800,000 illegal immigrants in Argentina, which shows that the above measures did not meet the objective.
11. In February 2009, the Executive Power issued Decree 90 establishing a new amnesty for those under 12 years, which is in effect for two years running
PROBLEMS 12. The impoverishment in the lives of those who were expelled from the labor market and the perception of these it is impossible to re-enter the system are building a reality in their lives in a kind of informality sentenced to life in all its forms. Not visualize the possibility of getting a job in white, not part of the credit system, not part of the prepaid health network or social work and his life began inexorably to be part of the insecurity in all its forms, establishing a culture deeply rooted in their lives than ever imagined out of formality.
13. So, when they enroll their children, the time requirement for registration of births and the requirements to be met, appear unachievable for these people who are in poverty and structural poverty.
14. As in other social sectors practicality prevails over the complex. Not all citizens in Argentina Passport processed, except those who believe that they will use it, people outside the labor market start to his membership of the precarious formal institutions and begin to find unnecessary (at least unconsciously) make the effort to access your ID or that of their children, despite being worried about it
express
15. On the other hand, we must emphasize that the institutions with which these people connect (the municipality, the school office, justice, etc..) Can not always gauge the structural problem that mean the excluded and expelled from the labor market, fed back into the row of the daily deprivation and impoverishment at all levels.
16. Lack of registration of minors, in most cases, you have to do with a lack of "hard" requirements and its processing by the Fathers, and the lack of evidence or ignorance of the short time to do it, but ignorance also extends to the institutions with which the excluded even making contact, as is the case of school, Municipality, the Health Center or the Justice, who do not always know how to respond to the problem by blaming the parents of the problem as if it were personal issues and not a problem of a structural nature.
17. In all these cases, lack of registration can only be supplied under collaboration with the Public Defender (Poor and Absent), because they lack the economic capacity to afford a lawyer particular to represent them.
18. The Defenders, in most cases the lack of residence registration persons, are full of records, and the culture of associate justice to the problem of undocumented adult individual irresponsible not to include in a timely manner to son, not understanding the structural problems referred to the importance of preventing this process requires, or at least to collaborate with the excluded who comes to the judicial to seek registration after the deadline.
19. Decree 90/2009 provides for an "amnesty" for children 6 to 12 years for a fixed period; ie allowing the registration of minors (without trial) to 12 years in the administrative directory DATA
21. It is estimated in some media, which are included in the measurement around 500,000 children in Argentina who do not have birth certificate, and therefore do not have the number of National Identity Document, which will benefit from the implementation of this regulations.
22. The presentation of Decree 90/2009, the President says in his that there are approximately 800,000 people in our country undocumented. But it is impossible to quantify the true number of undocumented and can only be reached a number close once the National Campaign has completed its task of registration. Executive Summary
How can we act against an alien?
The first thing is to find the birth certificate or try to be as reliable as of the date and place of birth. Once you have this information, it is recommended to accompany him to the nearest Civil Defense to initiate the legal process there, to be named
Trial Registration Are all / these undocumented / you should start a Trial Registration?
Not everyone, only those who have passed age 12. Those older than 41 days to 12 years should be directed to the nearest Civil Registry and file:
• Birth Certificate or Proof of delivery, by establishing public in order to clarify the alleged sex and age of the deceased. (If you do not have the Birth Certificate must bring two witnesses to support the delivery with an affidavit in court)
• Two people with the capacity to be witnesses over age, with DNI.
• ID of Father and Mother, for we both recognize. Who should start
Trial Registration?
Those over 12 must file a lawsuit for registration after the deadline in a Public Defender
These people should sue outside of term enrollment in judicial and administrative dispute resolution and is not just witnesses to prove that the person is who they say is, it must be shown;
- that a person was born and was not
registered - which is not recorded under another name
- showing an alleged relationship between age and body mass.
These trials are usually abandoned soon after starting and there is no national, provincial or municipal accompanying families to access undocumented own
To start the trial, the illegal under 21 must be accompanied by his Mother or alleged father with the Proof of Delivery or with the date and place of birth is right for the start of the trial there
If you are over 21 years, the undocumented can start your own Judgement Registration after the deadline. That means access
DNI
• Changing the access leading to the DNI is very marked, in some cases change their routines of life just to feel more confident to move freely through the streets.
• You modify their personal characters, and in some cases we could compare people who ceased to be undocumented, they lost the stigma of "find the illegal" and from there, improve its level of socialization.
• In some cases, having obtained the ID mean for a child who is not discriminated at school. A clear example is what occurs when the school takes a walk or hike. In that case, the child can not travel as undocumented, and that the school has no way to ensure the liability in case of an accident and can not justify the identity of the boy if the police stop. Although it seems a sonsera, this is a serious problem for the Mothers of the child as illegal.
President Jorge Alvarez
Open Institute for Development and Public Policy Studies (iadepp)
www.iadepp.com.ar
In Avellaneda please contact at 1556522301 (Fernando)
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