Eduardo Jorge Prats, an expert in Constitutional Law, criticized the Supreme Court opinion. Some considerations credited to him by Listín Diario, under the title The Supreme Court of Justice Abdicated advance that:

The international concept of people in transit does not include those found illegally in a national territory.

The concept of people in transit is limited to people who are indeed in transit, and excludes those foreigners who have established themselves in the territory.

As a general principle, the Court's ruling cannot be applied retroactively.