I Demand an Explanation

The Duty to Provide Information in Immigration Expulsion Proceedings in Argentina from the Perspective of International Law

Abstract

An immigration expulsion is an administrative sanction that, akin to criminal sanctions, reflects the punitive power of the state. In executing this measure, adherence to due process guarantees is imperative. Particularly, it is essential for state authorities to fulfill the duty of providing reasons for expulsion decisions. This enables affected migrants to comprehend the justifications behind the decision, to demonstrate that their claims have been considered, and to exercise their defense. The article initially proposes to analyze the approach to the duty to provide reasons in the context of expulsion procedures from an international perspective, addressing developments in human rights doctrine and courts. Subsequently, it examines the importance of this guarantee in Argentina. Finally, based on specific cases, it reflects on the implementation of this duty at the national level by the National Directorate of Migration and the Supreme Court of Justice of the Nation. Its objective is to demonstrate the deficiency of these two institutions in adhering to this guarantee and complying with international guidelines.