Original article: «Amenaza el derecho a la nacionalidad de la niñez migrante»: Organizaciones y diputadas acuden a Contraloría por circular del Registro Civil

Organizations and Lawmakers Urge Immediate Review of Circular Threatening Migrant Children’s Nationality Rights

On Monday, May 4th, civil society organizations joined lawmakers from the Frente Amplio, including Consuelo Veloso, Lorena Fries, Matías Fernández, and Carolina Tello, in submitting an official request to the Comptroller General of the Republic. They are calling for an urgent statement regarding the legality of Circular No. 014 of 2026 issued by the Civil Registry and Identification Service.

This official document introduces administrative criteria to determine when a child born in Chile is classified as a “child of a transient foreigner,” a category that could exclude them from obtaining Chilean nationality.

Although the Civil Registry presented this circular as an operational update, the submitted request highlights that it directly impacts a fundamental right that cannot be regulated administratively, as it is subject to legal reservation according to the Constitution.

Furthermore, the criteria outlined could contradict Supreme Court jurisprudence, which has mandated a substantive, rather than a solely formal, analysis for applying this classification.

The request also draws attention to international treaties ratified by Chile, such as the Convention on the Rights of the Child and the American Convention on Human Rights.

Therefore, the Comptroller’s office has been asked to assess whether the circular aligns with the current constitutional and legal framework, if it is consistent with the jurisprudence concerning the concept of “transient foreigner,” and whether it should be reviewed, amended, or invalidated.

“Nationality Is Not Bureaucratic Data”

Among those present from civil society were Michel-Ange Joseph, president of the Civil Society Council of the National Migration Service and the CIJYS Foundation; David Arboleda, national counselor of the COSOC of SERMIG and president of the Network of Migrant Journalists; Catalina Bosch, director of the Migrantas Organization; Eduardo Cardoza, leader of the Migrant Action Movement; and Gabriela Hilliger, legal director of SJM Chile. Earlier, Grace Arango, leader of the NGO Migrants in Los Ríos, expressed her support from Valdivia.

For these organizations, the Civil Registry’s actions reflect a concerning regression in the rights of migrant children, emphasizing that nationality is not merely bureaucratic data but a fundamental starting point for the realization of all other rights.

For the full official request, click HERE.

The lawmakers who signed the request include: Matías Fernández Hartwig, Jaime Araya Guerrero, Héctor Ulloa Aguilera, Carlos Cuadrado Prats, Carlos Carvajal Gallardo, José Montalva Feuerhake, Nelson Venegas Salazar, Marcos Barraza Gómez, Boris Barrera Moreno, María Francisca Bello Campos, Lorena Fries Monleón, Ana María Gazmuri Vieira, Coca Ericka Ñanco Vásquez, Carolina Tello Rojas, Consuelo Veloso Ávila, Andrea Parra Sauterel, Andrea Macías Palma, and Emilia Schneider Videla.

We will continue to provide updates.