from Amnesty International to Cels, to Argentine Commission for Refugees and Migrants and up to Center for Justice and International Law (CEJIL) condemned the cruelty and illegality with which the Argentinian state acted against Vanessa Gomez Queva, a Peruvian girl who was deported for a criminal record, despite the fact she is serving her sentence and "returning" to society. forced to leave their two youngest children in the country.
They also warned against the unconstitutionality of Decree 70/17, according to which President Mauriceio Macri amended the Migration Law, which set a failure in migration policy and expressed xenophobic speech.
At a press conference, international organizations and human rights organizations said they were going to the Inter-American Human Rights Commission to request a precautionary measure to intervene in the case, and that the Cambiemos government violated the rights and guarantees of a young person.
The Story of Vanessa
In 2014, Vanessa served his four-year prison sentence for drug trafficking through a shortened trial. He leaves the prison, begins to study and gradually begins a slow and constant re-socialization process. She is accepted as a nurse and is responsible for her three Argentinian children.
Since she had a precarious residence, the young woman appeared last year at the National Migration Directorate (DNM) to process DNA and thus obtain a nursing diploma, and she was endowed with a notification that she would be expelled from having a criminal file Vanessa filed a complaint with DNM to reject expulsion based on the roots of the years living in the country (more than 20 people) and that she cared for her three children. Finally, it is resolved in a way that is contrary to the interests of women.
With this in mind, Vanessa decided not to rely on the sponsorship of the Migration Commission and left without technical protection. The Directorate also did not notify or called for a juvenile defender to intervene, as in case of expulsion, three minors would be orphaned.
– Nothing said, and nothing made DNM. On the contrary, they sent it to the address where the notification card no longer existed. They had Vanessa's cell phone and another address, but they sent the message to a house that was hung. One year passes, Migration says it was notified and not present, then they have asked the court in the controversial and administrative number 5, responsible for Judge Biotti who handles the expulsion, "warned the defender of the girl, Juan Viliyaneva.
On February 1, two officers appeared in Vanessa's house, telling her she was just going to get her to sign a paper, but it's not true that she was filed under the Federal Police to make her deportation effective.
"She did not have a lawyer when the expulsion was allowed, she was not undoubtedly informed and led her to depend. They tell him that he only signs a procedure and that he will come back but never returns and can not say good-bye to his children. They had deceived her and arrested her to expel her from Argentina, "the lawyer said, pointing out that it is no coincidence that the whole process will take place" on Friday afternoon when all courts are closed. "
This weekend, Vinnaeva tried to stop the expulsion, but there was no case, on the contrary, "when DNM learned that a lawyer intervened in the case, they decided to transfer it to Ezeiza without prior notice."
This Monday, when I was in court to inform the judge of all the irregularities in the case, she called me to cry Vanessa and tells me they grabbed her and threatened to leave him on an airplane to send him to Lima. I went with him, "the lawyer said.
Not only juvenile guardianship has been taken into account, but much less the constitutional rights and guarantees of the young woman who was forced to return to the country under threat and extortion are much less respected. "The baby who was banished with Vanessa is an Argentinean citizen like everyone else, and she was expelled, allowed her to say goodbye to her family or children," he said.
From the spread of the case, the attorney met with Migration Director Horaceo Garcia to inform him about all the irregularities, but they "are not inclined to solve the problem." Another point in this case is that Vanessa weighs a more serious punishment, which is the "everlasting ban on Argentina".
On February 14, the lawyer lodged a complaint with the directorate and they still did not respond. He, in turn, submitted a written statement to habeas corpus, which is in the yard of Bioetti, who has not yet decided anything.
The enemy is the migrant
Violation of Vanessa's rights would not have happened if it was not Presidential Decree 70/17 through which some basic aspects of the Migration Act were changed. In this regard, CELS LEL's lawyer, Diego Morales, explained that these changes, "the time the migrant has to discuss with DNM for his expulsion, has only 3 days to do in a week the Directorate can process their expulsion "and further highlighted the situation of migrants who have a criminal record.
"Prior to the expulsion, there was a serious incident and sentence of more than three years. With the changes made by the DNS, expulsion can now be for any type of crime, it is not necessary to have a conviction, but only in a trial, "he said.
In addition, the decree lacks the intervention of the judiciary to assess the possibility of expulsion because "before there are mechanisms to assess in any case the importance of the family or the rooting of the migrant, there is an alternative but no longer. "Now these tools have been" eliminated, and it is forbidden for every judge to assess family units, "meaning justice is only to fulfill the orders of the National Migration Directorate, and only the director can give up the expulsion.
Faced with DPOs, which violates procedural safeguards and the rights of the defense, the agencies file a complaint to declare the unconstitutional decree and are assessed by the Supreme Court.
A pattern that repeats
Not only is it unlawful for DNA to proceed to the expulsion of Vanessa, but they also did not think of the irreparable damage they have caused to the children of the woman who no longer see their mother. In this regard, Vilyanueva points out that the two children meet her family but do not receive any help from the national state while Vanessa is in Lima with her youngest son living in a room she is given because the whole his family is in Argentina.
The cruelty and violence of the Migration Directorate to omit the issue is not just in the case of Vanessa, as it is, as warned by human rights and international organizations, a model that is repeated on several occasions and raises concerns.
"We have received several such situations as a young woman named Sierra Chavez who was expelled in the same way as her 14-year-old daughter was in school. She had a precarious nationality and cheated her, banished her. We have situations of men who were also expelled in this way, "said Gabriela Ligori, CEO of CAREF.
Modus operandi is as follows: send a notification to the door to an address where the migrant no longer lives, receives the notification, Migraciones asks the court to stop him, the migrant does not have access to all the information and casts him out.
According to the discourse on linking migrants as responsible for higher-level crimes, DNU is in fact a xenophobic and retrograde policy that does not provide for children's rights, divides families, and goes beyond the guarantees and rights of a person living in the Argentine soil.
Together with the agencies, Vilanueva requires family reunification in Argentina that the state reacts in this respect and repeals the decree.