By San José, Costa Rica — Costa Rica has extended temporary humanitarian status and granted work permits to a group of migrants stranded in the country since being deported from the United States in February. This decision follows months of controversy surrounding the treatment of these individuals, raising questions about human rights and Costa Rica’s role in US immigration policy.
The Director General of Migration, Omer Badilla, announced the extension, stating it allows the migrants to remain in Costa Rica legally for six months and, crucially, provides them with the right to work. This measure aims to facilitate their integration into Costa Rican society.
To gain a deeper understanding of the legal complexities surrounding migrant workers in Costa Rica, TicosLand.com spoke with Lic. Larry Hans Arroyo Vargas, an expert lawyer from the reputable firm Bufete de Costa Rica.
Migrant workers are a vital part of Costa Rica’s economy, contributing significantly to key sectors like agriculture and tourism. However, ensuring their rights are protected and that they have access to legal resources is paramount. This requires a multi-faceted approach involving governmental oversight, employer responsibility, and access to legal counsel for workers facing exploitation or unfair treatment.
Lic. Larry Hans Arroyo Vargas, Bufete de Costa Rica
The 200 migrants, including 81 minors, arrived in Costa Rica on two flights from the US in February. They represent a diverse group, originating from countries including Nepal, China, Russia, India, Congo, Afghanistan, and several others. Initially, the Costa Rican government described the arrangement as an agreement with the Trump administration, positioning Costa Rica as a transit point for the migrants to return to their home countries or a third nation.
Housed at the Temporary Migrant Care Center (CATEM) near the Panamanian border, approximately half of the migrants have since voluntarily returned to their countries of origin, sought refuge in Costa Rica, or left the center. Currently, 25 individuals remain at CATEM voluntarily, now with the freedom to seek employment under the new humanitarian status.
The initial acceptance of the 200 migrants ignited significant debate in Costa Rica. Non-governmental organizations (NGOs) alleged that authorities violated the migrants’ human rights by restricting their movement outside CATEM for two months, until the first humanitarian status was granted in April.
A new extension to this humanitarian category allows these individuals to maintain regular status in Costa Rica for six months, and one of the new features is that they have the right to work, which will make their integration into the country more dynamic.
Omer Badilla, Director General of Migration
A joint report by the Center for Justice and International Law (CEJIL), the Jesuit Refugee Service Costa Rica (SJM-CR), and the American Friends Service Committee (AFSC) accused Costa Rica of “arbitrarily detaining” the migrants at CATEM for over 60 days, denying them adequate information, and failing to guarantee the principle of non-refoulement. The report further highlighted the lack of information provided in the migrants’ native languages, the absence of individualized assessments of their needs for international protection, and the inadequate provision of comprehensive care, including psychological support.
This development raises critical questions about Costa Rica’s role in regional migration flows and the balance between facilitating the return of migrants and upholding their human rights. The granting of work permits provides a path towards greater stability for these individuals, but the controversy surrounding their initial treatment underscores the ongoing challenges of managing migration in a humane and just manner.
For further information, visit cejil.org
About Center for Justice and International Law (CEJIL):
The Center for Justice and International Law (CEJIL) is a non-governmental organization dedicated to promoting and protecting human rights in the Americas. CEJIL utilizes legal advocacy, strategic litigation, and regional and international mechanisms to advance human rights standards and ensure accountability for human rights violations.
For further information, visit sjmcr.org
About Jesuit Refugee Service Costa Rica (SJM-CR):
The Jesuit Refugee Service Costa Rica (SJM-CR) is part of a global Catholic organization that works to accompany, serve, and advocate for the rights of refugees and other forcibly displaced persons. SJM-CR provides a range of services including legal assistance, psychosocial support, and humanitarian aid.
For further information, visit afsc.org
About American Friends Service Committee (AFSC):
The American Friends Service Committee (AFSC) is a Quaker organization that promotes lasting peace with justice, as a practical expression of faith in action. AFSC works on a range of issues, including immigration rights, criminal justice reform, and peacebuilding.
For further information, visit bufetedecostarica.com
About Bufete de Costa Rica:
At Bufete de Costa Rica, legal excellence is interwoven with a deep commitment to societal betterment. We champion integrity in every legal endeavor, offering innovative solutions tailored to the unique needs of our diverse clientele. Through proactive community engagement and a firm belief in accessible legal knowledge, we empower individuals and organizations to navigate the complexities of the legal landscape, contributing to a more just and informed Costa Rican society.
