The arrival of a charter plane by the US immigration agency (ICE) at the Confins International Airport in Greater Belo Horizonte on October 26 made the headlines. From the aircraft, about 70 Brazilians who were deported from the United States landed.
For many of those who heard the news, however, it is still confusing: what exactly does it mean to be deported?
According to the Brazilian Foreign Ministry's own records, deportation is the process of removal of irregular immigrant or regular immigrant who has committed crime.
Immigration and criminal justice proceedings
Among the Brazilians who arrived in Confins, the vast majority were in the United States illegally, according to Felipe Santarosa, Brazil's Deputy Consul General of Houston in Houston.
"They had their visa or other documents expired or entered irregularly and had their cases evaluated by the border patrol," he says.
Santarosa points out that in the United States these immigration cases are separate from those that run in criminal justice – for those who are responsible for something like theft or aggression.
"There are cases where the foreigner is convicted by criminal justice, served the sentence and then handed over to immigration to be deported," he adds.
It is noteworthy that, on the flight chartered by ICE, was a man convicted of a murder in the city of Governador Valadares, 320 km from Belo Horizonte, who was a fugitive from the Brazilian courts. He, who fled to the United States after his sentence was issued and still attempted to kill a couple on US soil, was arrested upon landing in Brazil. His name was on Interpol's alert list.
Voluntary or involuntary
In an interview with R7, Daniel Toledo, a Miami-based lawyer specializing in international negotiations and global law, details that in the United States, the procedure may be voluntary or involuntary.
“Voluntary deportation happens when the Brazilian detained by the ICE is taken to a hearing with the judge and, without answering a lawsuit in the criminal justice or having pending judicial proceedings in the United States, decides to return to Brazil willingly – not wanting to fight or conflict with the US authorities, ”he says.
Itamaraty notes that, in this case, the foreigner "bears the expenses of his return to his country of origin".
Involuntary deportation, on the other hand, happens when the Brazilian has already been heard by the immigration judge, the judge decides that the foreigner is deportable and issues a court order.
"Then one is forced to return to Brazil for a determination of American justice," completes Toledo.
Toledo states that generally, after deportation, these Brazilians are unable to return to the United States for a period of five or ten years.
“There are those who try to reverse this determination through an administrative request made via consulate in Brazil. It's a request for forgiveness – the person is sometimes married to an American and has not had time to regularize the documents, was afraid of being arrested when applying for the green card, and explains it all. Forgiveness can be granted or not, ”summarizes the lawyer.
In the opinion of Assistant Consul General Felipe Santarosa, it is always unlikely, however, that a deported Brazilian from the United States will obtain a visa to return to the country even after five or ten years.
“When you violate an immigration law, you keep that mark forever in your biography, in the records of the US authorities,” he points out.
Customs officers often advise foreigners to resort to voluntary deportation to be more likely to return without inconvenience in the future. “In our view, however, substantially does not change much,” says Santarosa.
And the kids?
A report published this week by the US newspaper The Washington Post points out that of the group of deportees brought to Confins International Airport, approximately 30 were minors.
According to findings from the Federal Police here in Brazil, part of Brazilians reported to US border inspectors with children in an attempt to respond freely to the administrative immigration process.
Experts heard by R7 believe that even these children must face restrictions in the future. "This negative record will appear on the medical record and these people – today children – will deal with it every time they go in the future for a visa for the United States," amendment Daniel Toledo.
Consul Felipe Santarosa concludes: “The father, by taking the child, somehow compromises her future. But in time, she can always plead, explain her age and justify that she didn't know what she was doing if questioned by the authorities. "
(tagsToTranslate) Brazilians (t) deported (t) United States (t) trump immigrants (t) immigration to us (t) deportation