Due Process and Administrative Expulsion: An Analysis of Law No. 21,325 Against Inter-American Standards

Abstract

This article examines the compatibility of the administrative expulsion regime established by Act No. 21,325 on Migration and Aliens with the standards of procedural due process of the Inter-American Human Rights System. Based on a dogmatic-legal, hermeneutic, and conventionality control approach, the study develops a qualitative jurisprudential analysis of rulings issued by the Chilean Supreme Court between 2022 and 2025.The central hypothesis holds that the procedural design of the regulation, by prioritizing the expediency of border control, restricts the standard of the right to be heard and the right to a defense enshrined in Article 8 of the American Convention on Human Rights, thereby generating a structural dependence on judicial intervention as an ex post corrective mechanism. The findings reveal conventionality gaps in the administrative phase, particularly regarding the absence of prior legal representation, the insufficient individualized reasoning of decisions, and the inconsistent application of principles such as non-refoulement and the protection of family unity. Furthermore, the analysis shows that national jurisprudence has played a significant, albeit fragmented, corrective role, reflecting a lack of internalization of Inter-American standards within administrative practice. Consequently, the article concludes that aligning the domestic regime with international obligations requires the implementation of a minimum guarantees protocol at the administrative level, incorporating mechanisms for prior hearing, legal assistance, and the suspensive effect of appeals, thereby ensuring effective judicial protection before the expulsion order becomes final.