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Monday, April 29, 2024

DOJ sets new deportation rules for cases vs. foreigners

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The Justice department will implement new deportation rules mandating that once a foreigner is ordered deported, he or she must leave the country after 30 days, and even if the case is on appeal.

Justice Secretary Markk Perete said the new rules will be published on Wednesday, Nov. 6, and will take effect 15 days after publication.

“After 30 days of receipt of deportation order, unless stayed by the Secretary of Justice or the President, they have to leave the country,” Perete said.

Under the deportation rules that will be replaced, foreigners ordered for deportation by the Bureau of Immigration are allowed to stay in the country if they have a pending appeal before the Justice department, which supervises Immigration.

Perete, who is the undersecretary for immigration affairs, said the new rules conform with the Administrative Code.

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Section 10, Chapter 3 of the Administrative Code says Immigration’s deportation order becomes final and in 30 days “unless within such period the President shall order the contrary.”

“The policy under the Administrative Code is better because we don't have the facility to hold them,” Perete said.

“The deportation of foreigners should be automatic, meaning they should leave and they can just return after if ever their petition is granted.”

Perete said Immigration’s Bicutan facility for detained foreigners and aliens is too small to accommodate many deportees.

“For some reason, many of those who are to be deported prefer to stay here in the Philippines rather than being deported,” he said.

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