Andina

Peru enacts law to establish exceptional procedure for rapid expulsion of foreigners

Photo: ANDINA

Photo: ANDINA

11:30 | Lima, Nov. 14.

The Executive Branch on Tuesday enacted Legislative Decree No. 1582, through which various articles are amended and introduced in the Migration Law, thus establishing, among other aspects, the Special Exceptional Administrative Sanctioning Procedure (PASEE), for the expulsion of foreigners in two specific cases.

This will be applied to those who commit offenses classified in paragraphs d) and f), section 58.1, article 58, of the Migration Law, that is to say foreigners who enter the country without a regular migratory status or those who threaten public order, domestic order, national security, and public safety.

The decree —published in El Peruano Official Gazette and bearing the signatures of the President of the Republic Dina Boluarte, Prime Minister Alberto Otarola, and Interior Minister Vicente Romero— states that the regular administrative sanctioning procedure will be applied to other cases of expulsion.

One hearing

Among its actions, the exceptional procedure involves only one hearing, which may take place in person, or virtually, and may not exceed 24 hours since the administrative sanctioning procedure is imposed by the Peruvian National Police (PNP).


It includes an investigating phase and a sanctioning phase. Besides, it starts with the imputation of charges by the investigating authority of the National Superintendence of Migrations and ends with a notice issued by the sanctioning authority.

If the commitment of the offense is confirmed, the National Superintendence of Migrations shall issue a sanction resolution to order the immediate expulsion

In case additional actions are required to resolve this special procedure or upon expiration of the period, the case shall be assessed under the provisions of the regular sanctioning administrative procedure.

The decree provides that the Peruvian National Police is in charge of carrying out the preliminary investigation's procedures.

(END) NDP/RRC/RMB/MVB

Publicado: 14/11/2023