A total of five foreigners qualified as “undesirable” by the national authorities will remain in the country, despite the directive of the Minister of Security Gustavo Mata to expel foreigners who represent a risk to Costa Rican security.
Three of them will remain on national soil as they have acquired the Costa Rican citizenship, while two other subjects have special protection under international treaties.
These five people are part of the analysis of foreign authorities related to crimes such as drug trafficking, organized crime and sexual assaults on minors.
The Immigration and Migration Directorate explained that the expulsion – according to article 186 of Migration Law No. 8764 – says that it can be applied to a foreign person wit a legal status, under any migratory category.
However, these subjects are nationals now, so they are no longer foreign people.
The authorities confirmed that at least two of these people belonged to Central American maras but will not be expelled because they are already Costa Ricans.
They join two cases with special international protection.
Just to give an example, it may be that they are protected witnesses of worldwide processes and we have them here with that status,”
said security chief Gustavo Mata.
The authorities were insistent in pointing out that the protection implies confidentiality of personal data, according to international treaties.
The data collection revealed that in total there are 88 cases of undesirable foreigners of which 35% are Salvadorans, 30% Colombians and 9% Nicaraguans.
According to security authorities, 33 foreigners are in the process of being expelled, deported or rejected, while 45 cases are under legal analysis. In addition, there are five cases that are already in the stage for arrest.
The two mareros had to options to become Costa Ricans: naturalization or marriage.
In the first case foreigners must pass the examination of the Ministry of Public Education, having lived in the country for five and demonstrating that they have no criminal record.
However, in the case of naturalization by marriage, it is only necessary to verify a marriage with a Costa Rican person for more than two years and to remain in the country for 24 months.
Chinchilla said that at any time you can assess the files of people and can even suspend citizenship, if you can verify that the subject committed crimes such as drug trafficking, scams, social unrest, theft and counterfeiting.
However, being part of a Central American mara would not be considered in the regulation that could save these subjects from not being expelled.