Chile

Expansive legal and administrative interpretation of “in transit” exceptions for all children born to foreigners without status

For almost 20 years, registrars in Chile were found to be recording the children of unauthorized migrants from neighbouring Peru and Bolivia (among others) as “Hijos de Extranjeros Transeúntes” (children of foreigners in transit), blocking their access to Chilean citizenship. This situation was first made visible to the Committee on Migrant Workers in 2011, and more recently in 2021. Chile has received observations regarding the same from CEDAW, CERD, CRC, and the UPR.

Promising Practices and Updates

In 2014 the Chilean Ministry of Interior and Public Security modified its interpretation of the in-transit provision. It instructed registrars to cease considering the migratory status of parents and to restrict application of the concept to tourists and crew members, as originally intended. In 2016 the #ChileReconoce (Chile Recognizes) campaign was launched, and later the Primero la Niñez measure was introduced. Their goals were to simplify administrative procedures to restore migrant children’s right to a nationality, and actively identify those who had been affected and confirm their Chilean nationality.