Immigration Law progresses in Congress
Bill to replace Foreigner Act approved in the Senate, proceeds to the Lower House
Senate Bill 288/2013, which replaces the current Foreigner Act, was approved on July 2 by the Foreign Relations Commission. Given its status, it would only need to be voted by a full session of the Senate if a petition had been signed by at least nine senators, which did not occur. The bill now proceeds to the Lower House.
The new Immigration Law, as it is now being called, abandons the national security perspective of the Foreigner Act that was passed during the military dictatorship (1964-1985) and creates guarantees for the equal treatment of immigrants who come to Brazil.
“The approval, negotiated between the government and the opposition, thankfully shows that the matter transcends partisan disputes,” said Camila Asano, coordinator of Foreign Policy at Conectas. “There are points that need to be improved, and we will work on this in the Lower House, but the important progress made by the bill in terms of guarantees has to be recognized,” she added.
The items of article 3 of the bill illustrate this progress. They establish as principles of Brazilian immigration policy the universality, indivisibility and interdependence of human rights. They also stress humanitarian asylum and condemn xenophobia.
Click here to read Senate Bill 288/2013 in full.
According to Asano, another important aspect of the text is the simplification of the regularization procedure. “The Foreigner Act does exactly the opposite, making it hard to obtain documents, marginalizing immigrants and increasing their vulnerability,” she explained.
Weak points
One item that deserves attention, explained Asano, is article 4, paragraph 5 of the bill that is now in the Lower House: it makes the provision of some fundamental rights, such as access to justice, contingent on biometric registration with the Federal Police. “If this passage of the text is approved, it will permit discrimination based on immigration status – which violates several international agreements signed by Brazil.”
Another important point – which will require a new bill to be drafted by the Federal Executive branch – is the creation of a new immigration authority. “The centralization of immigration policy in the hands of the Federal Police, as is currently the case, runs counter to the objectives of the new law because it operates from a security standpoint. If this aspect is not changed, it will be very difficult to guarantee the prevalence of human rights in this area. A new immigration law needs to be accompanied by a new civil immigration authority,” she said. “Since the Legislative branch cannot submit bills that create new bodies or positions, it is the Executive that will have to take the initiative and propose the creation of this new body.”
