The ‘Gray Areas’ of Human Smuggling in Chile

• In Event: Immigration and Justice Issues I

Abstract

In a global context characterized by increasing and diverse migratory flows, the illicit smuggling of migrants has gained special significance, particularly in Europe and the United States, where anti-smuggling policies have been significantly strengthened in recent decades. This study aims to describe the tightening of migration management, highlighting the convergence between immigration law and criminal law. Despite the importance of migrant smuggling in Chile's penal policy agenda, there is a lack of studies examining law enforcement outcomes in this sphere. This paper explores the effects of anti-smuggling policies in Chile, noting both the limited effectiveness of law enforcement efforts aimed at prosecuting this offence and its close relationship with the criminalization of irregular mobility. The methodology includes document review, interviews with criminal justice operators, and content analysis of court rulings issued from 2011 to 2022. The paper addresses the 'gray areas' of Chile's anti-smuggling policy, emphasizing the need to examine the dynamics of migration control historically and contextually.

Authors

• Romina Ramos, Universidad de Tarapacá

• Roberto Dufraix-Tapia, Universidad de Tarapacá