Denied Entry to Nicaragua? An Urgent Guide for the Exiled

 Content creators, business owners, relatives of political prisoners, priests, activists, and even citizens with no political connections are some of the Nicaraguans who have been de facto exiled by the dictatorship of Daniel Ortega and Rosario Murillo denying them the ability to travel back to Nicaragua. How do these de facto exiles happen, and what can Nicaraguans do if they find themselves in this situation?

Through emails, airlines inform citizens that “Nicaraguan immigration authorities have not authorized their entry into the country,” leaving them stranded at the destinations they traveled to or at layover points on their return journey to Nicaragua.

Entry denials to Nicaragua began being documented in 2021, primarily affecting Nicaraguans linked to political activism. However, the cases of entry bans have increased almost indiscriminately since mid-2024.

CONFIDENCIAL spoke with lawyers and experts on immigration issues, who offer a series of recommendations to consider before traveling or when facing de facto exile.

The first recommendation highlighted by specialists for Nicaraguans whose return is denied is to initiate refugee or asylum processes, even if they are not involved in political activities.

What measures should be taken before leaving Nicaragua?

Travelers should ensure they purchase “more flexible and open” flights so that if they are denied entry, they have the option to use the ticket to move to a third country.

“Each airline has its own policies, but in most cases, they are not obligated to offer a refund or a free change of destination. Some may allow you to modify your itinerary by paying a penalty,” explains Carolina Sediles, a legal advisor at the Nicaraguan American Alliance for Human Rights (Nahra).

What information should you ask the airline?

If the airline or transportation company tells you that you cannot travel, you should ask them for a written copy of the notification. The airline usually receives the denial order from the Nicaraguan Directorate General of Migration and Foreign Affairs (DGME), and it is not required (or may not be able) to give a detailed justification. However, the Nicaraguan who has been de facto exiled can:
• Ask to speak with a supervisor to get more details.
• Request a document proving the denial of entry, although many airlines do not issue it in writing.

What should you consider if your return to Nicaragua is denied?

First, the Nicaraguan must decide in which country they can settle, whether due to family ties, support networks, or other conveniences. Additionally, they should seek advice on the legal processes in the country they intend to move to.

If staying in the United States, the process must be initiated within one year from their last entry. They can seek free advice from organizations or hire a private lawyer, who may charge between $150 and $500 for an initial consultation.

If the de facto exiled Nicaraguan wants to start their process in Costa Rica—though the entry denial occurred in a third country—they can fly to Costa Rican soil and begin the process during the first three months without the need for a lawyer. For this asylum procedure in Costa Rica, they must purchase an entry and exit flight from the country, even if the exit ticket will not be used, explains lawyer Daguer Hernández.

The rights of asylum seekers in Costa Rica

In this article in Spanish, we review the current rights of asylum seekers and provide a guide on how to exercise them.

If applying for refuge status in Mexico, the person must apply to the Mexican Commission for Refugee Assistance (COMAR) within the first 30 days of arrival in the country. Here are the steps to follow.

To apply for political asylum in Spain, one must demonstrate a well-founded fear of persecution, the inability or unwillingness to return to the country, and being outside it. It can be requested at the border or within Spanish territory. It is advised to submit the asylum application as soon as possible, ideally before one month has passed since arrival. Spain has granted Spanish nationality to over a hundred exiled and denationalized Nicaraguans.

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Should I contact Nicaraguan Immigration Authorities?

So far, no cases are known of Nicaraguans being admitted by Nicaragua after being denied entry to the country.

Daguer Hernández, who was the deputy director of Immigration in Costa Rica, explains that communication with Nicaragua in these cases is nonexistent.

Since there is no response from Nicaraguan immigration authorities, it is recommended that the person focus on choosing a country to start their asylum process and gather as much evidence as possible to support their case.

Additionally, Sediles suggests “documenting the case with recordings, emails, flight receipts, communications with the airline, and contacting human rights organizations and/or immigration lawyers.”

Is the denial of entry sufficient evidence to request asylum or political refuge?

If someone has never been a political activist, the denial of entry alone does not guarantee the approval of asylum, but it may serve as evidence that the Nicaraguan dictatorship considers them an “opponent” or a “persona non grata.”

Sediles explains that there is documented support from the new laws that have been passed in Nicaragua, such as the Reform to the Immigration and Foreign Affairs Law, which aims to deny entry or exit from the country to individuals considered a threat to national sovereignty or who represent a social risk, as well as canceling the residency or nationality of those perceived as opponents to the regime.

The denial of entry to Nicaragua can be a form of political banishment and a violation of the fundamental right to return. “It is crucial to act quickly, seek legal advice, and document the case to explore the best options,” says the expert.

Where to seek legal advice?

There are various organizations and lawyers who offer free or low-cost assistance for asylum and international protection cases in the United States. However, it should be noted that due to the current migration crisis, most organizations are overwhelmed, according to Sediles.

Here’s a list you can consult:

In the United States:

• American Immigration Lawyers Association (AILA) – Pro Bono Services (Abogados)
• Catholic Charities Immigration Legal Services (en varias ciudades de EE.UU.)
• Refugee and Immigrant Center for Education and Legal Services (RAICES)
• Tahirih Justice Center

In Costa Rica:

• Centro de Derechos Sociales del Inmigrante (CENDEROS)
• Servicio Jesuita para Migrantes Costa Rica
• ACNUR Costa Rica

This article was originally published in Spanish by Confidencial and translated by Havana Times. To get the most relevant news from our English coverage delivered straight to your inbox, subscribe to The Dispatch.