El Salvador - Overview of the current migration policy framework

El Salvador is a sovereign state with a republican, democratic and representative government. The political system is pluralist, and is expressed through political parties which are the only instrument through which people exercise representation in the government. The regulations, organisation, and functions are subject to the principles of representative democracy.

The current Constitution of the Republic of El Salvador restores the political, economic, and social order disrupted by the coup of 1979. The Constitution establishes that foreigners are compelled to respect the authorities and obey the laws, while in turn acquire the right to be protected by them. It refers to secondary laws the cases and the manner in which a foreigner can be denied entry or stay in national territory.

The international treaties executed by El Salvador with other states or international organisations, become laws of the Republic upon entering into force. The law cannot modify or repeal what has been agreed upon in a treaty in force, and, in the event of conflict between the treaty and the law, will prevail over the treaty.

The national legal framework in force regarding migration in El Salvador is primarily composed of: the 1958 Migration Act (Ley de Migración); the 1968 Immigration Act (Ley de Extranjería); Decree Nº 33 of 1959 by means of which is articulated the Regulation of the Migration Act; Legislative Decree 918 regarding the Determination of Persons with Refugee Status Act (Ley para la Determinación de la Condición de Personas Refugiadas); and its regulation, pursuant to executive decree Nº 79 of August 22, 2005.