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The purpose of this research is to analyze national and international regulations on the protection of the family nucleus when its members are migrants in an irregular situation, as well as the right of access to justice for this population in a vulnerable condition. The research methodology used is descriptive, the method applied is the inductive and the qualitative approach. For its study, the Peruvian jurisprudence and the cases resolved in the inter-American system for the protection of human rights were reviewed, among other related texts on the subject. The structure of the work includes the description of the problematic reality, the right of the constitutional protection of the family against migration, the new approach to access to justice and the protection of the rights of migrants. Finally, the conclusive reflections of the investigator are presented, in which it is concluded that the Peruvian State must safeguard better the fundamental rights of migrants and their family, on equal terms and without discrimination on grounds of their irregular situation in the country. [ABSTRACT FROM AUTHOR]