Brazil President Temer passes Migration Law with vetoes

Brazil's Migration Law was signed by President Michel Temer and published Thursday (May 25) on the Official Gazette. The piece of legislation was vetoed at 18 points and partly revokes the country's Statute of the Foreigner (1980). The new law must now be regulated in up to 180 days.

The legislation sets forth the rights and duties of immigrants and visitors, regulates their entry into and stay in the country, and establishes principles and guidelines for public policies directed at these individuals.

The text originally submitted to Congress revoked the deportations ordered prior to October 5, 1988. This was vetoed by President Temer.

Also vetoed was foreigners' obligation to remain in Brazil if they committed a crime in the country having stayed for over four years. To Temer's judgment, the rule would make the deportation of serious criminals impossible simply because they have lived in Brazil for a long time.

Another clause vetoed by the president was the free circulation of indigenous and traditional populations between national borders within traditionally occupied territories. Temer believes this would conflict with the Constitution, which stipulates the “defense of the national territory.”

Immigrants will also not be allowed to occupy a public post or enter the country to become a civil servant, as it would be “an affront to the Constitution and the national interest.”

Rosita Milesi, director at the Migration and Human Rights Institute (IMDH), the new law represents an imporant leap from the current legislation, established during the period of military dictatorship, in 1980. “The central idea behind the Statute of the Foreigner was based on national security and viewed foreigners as a threat or an enemy, and criminalized migration.” The new law, in turn, regards migration as a right, ensuring “the same dignified treatment as is enjoyed by nationals, as all are members of the human family. All this goes to show how much we must celebrate the new law.”

In her view, however, the vetoes represent a setback from the text originally approved a month ago by Congress. “There was a long discussion, started in 1991, with the participation of a number of political agents and social movements before we reached the bill that was brought forward in 2013. After that, a number of other important debates ensued in Congress. These vetoes thwart some of the expectations and rights that had been advanced on before,” she argued.

Below are some of the most important changes brought by the new law.

Right to political expression

The Statute of the Foreigner bans immigrants from taking part in any activity of political nature. The new law lifts this ban and ensures them the right to join political meetings and trade unions. International immigrants are still not allowed to vote, in compliance with the Federal Constitution. For that to change,  a constitutional amendment bill would be required.

“They weren't permitted to form a trade union association, nor could they take to the streets to protest. Now they can,” says Leonardo Cavalcanti da Silva, research coordinator at the Laboratory for International Migration Studies (LAEMI), of the University of Brasília (UnB).

Paper work

The piece of legislation grants immigrants easier access to the documents necessary for their permanent stay in the country and to public services as well as formal job openings. The new law also prevents irregular immigrants from being arrested.

“It makes it possible for them to be integrated into Brazilian society in a more thorough fashion, providing for instance the protection of an official work booklet, for instance. This prevents them from being vulnerable to slave-like working conditions,” says Camila Asano, coordinator for foreign policy at NGO Human Rights Conectas.

Humanitarian visa

The new law regulates immigrants' right to a humanitarian temporary visa used for Haitians, for instance. The law also ensures that foreigners are not deported or repatriated when the return to their country of origin poses a risk to their life or personal integrity.

“It's a way to give more legal support and force to something that's been seen more and more as crucial around the globe,” says Camila Asano.

Translated by Fabrício Ferreira