On November 26, 2024, the Chamber of Deputies approved a set of key reforms to Chile’s Migration and Foreigners Law, modifying more than 56 articles of the current regulations. These changes have a significant impact on immigrants’ access to employment and labor rights in the country, in addition to addressing challenges related to public security and the regulation of migration flows.

“The reforms to Chile’s Migration and Foreigners Law have a profound impact on the country’s labor and social landscape. While the goal is to improve security conditions and control migration flows, it is essential that labor and migration policies are developed coherently to prevent immigrants from being excluded or deprived of fundamental rights such as employment and job stability,” says Pamela Toro, attorney and director of Apparcel Uriarte.

Regarding the new regulations and their impact on the labor market, the expert highlights the following points:

Migration Reforms: New Grounds for Expulsion and Strengthening of Labor Regulations

One of the most significant modifications in the labor field is the strengthening of the National Migration Service’s powers to revoke migration permits in cases of repeated offenses such as noise disturbances, fights, and street vending. These measures aim to promote harmonious coexistence in neighborhoods and public spaces, which may directly affect immigrants working in informal labor sectors. While the objective is to preserve social peace, it is crucial to ensure that the effects of these regulations do not harm informal workers who rely on such jobs for their livelihood.

Impact on Immigrants’ Access to Employment

The reforms also affect immigrants’ access to formal employment. The expansion of grounds for expulsion to include individuals involved in serious crimes such as domestic violence, sexual exploitation, and human trafficking is intended to improve public security in the country. However, this may generate fear within some immigrant communities. It is essential that labor policies include strategies to ensure that foreign workers have equal access to formal job opportunities without being subjected to vulnerability or discrimination due to their immigration status.

Another key aspect of the reform is the implementation of severe penalties for individuals, companies, and transportation providers that encourage or facilitate the irregular entry of immigrants into the country. “In this context, companies that hire undocumented immigrants could face penalties if they fail to comply with the new regulations. Employers must be particularly vigilant in meeting legal requirements to avoid sanctions that could jeopardize their businesses and impact the job stability of migrant workers. However, if a company has hired an informal worker, it is still required to pay the respective social security contributions without exception,” explains labor attorney Fernando Carreño.

Requirements for Naturalization and Access to Labor Rights

The reforms also introduce changes to the naturalization requirements, now demanding a ten-year residency period (instead of five) and a knowledge test. This adjustment could delay immigrants’ access to full labor rights acquired through naturalization, highlighting the need for additional measures to ensure that immigrants can exercise their labor rights in the country while meeting these requirements.

Given the impact of these reforms on immigrants’ labor integration, the role of legal professionals is more relevant than ever. Labor law specialists play a crucial role in ensuring that migrant workers’ rights are upheld, especially in a context where regulations may create uncertainty or confusion. Their work is essential not only to advise immigrants on their labor rights and obligations but also to ensure that businesses comply with the law and avoid engaging in discriminatory or illegal practices.

“It is crucial that the migration law reforms not only ensure security and public order but also guarantee access to decent work without discrimination and protect migrant workers’ rights,” adds Pamela Toro.

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