Análisis jurídico-administrativo de los procesos de regularización migratoria

Abstract

The research addressed immigration regularization processes in Ecuador from a comprehensive legal and administrative perspective, examining the regulatory basis. The study examines the historical background of Ecuadorian migration policy, observing the evolution from an eminently flexible model to a restrictive constitutional paradigm, as manifested in the Organic Law on Human Mobility, which is part of the Constitution of the Republic of Ecuador. It also examines the fundamental concepts that structure the regulations, administrative processes, and the definition of the rights and obligations of people in situations of human mobility. The methodology was qualitative, using the focus group technique. In addition, an interpretation of the latest legislative reforms in this area was carried out, identifying a shift in migration policy in the reforms. The results show that there are clear conceptual and procedural regulations regarding migration regularization and formal requirements. However, certain rules were identified that need to be improved in order to optimize response times to immigrants' requests, allowing for their labor and social integration in our country. It is also necessary for public officials working in control entities to have administrative discretion that contributes to streamlining regularization. In conclusion, immigration regularization is an essential mechanism for ensuring the social, economic, and legal inclusion of people in situations of human mobility, but it requires more transparent administrative management that is consistent with constitutional rights.