Brazil to restrict entry of immigrants without visas

The Ministry of Justice and Public Security has announced that, as of Monday (Aug. 26), transit passengers arriving in Brazil without a visa and whose final destination is another country will be required to continue their journey or return to their place of origin.

Passengers without a visa to enter Brazil who remain in the international transit area of Guarulhos Airport in São Paulo, or other airports with international connections, will be denied entry, according to a statement from the Ministry of Justice and Public Security sent to Agência Brasil.

According to the ministry, Brazilian legislation does not require a visa for passengers making connections or stopovers, provided they remain in the international transit area. “The intent of this legislation is to streamline the process for passengers during stopovers or connections at airports, reducing bureaucratic procedures and speeding up the process of transferring and/or stopping passengers between international routes,” the statement said.

The ministry clarified that passengers who are denied entry will not be deported, as Brazil is not their final destination but merely a transit country. “Since passengers, when purchasing their tickets, indicate that their intention is only to transit through Brazil, deportation measures do not apply. Instead, they will be directed to continue their journey to their final destination,” the statement explained.

The measure will not affect passengers from countries exempt from requiring a visa to enter Brazil. It will only apply to those arriving from countries that require a visa and do not have Brazil as their final destination.

Increasing numbers of immigrants

The Federal Police implemented the measure after identifying that immigrants without proper documentation are being exploited by criminal human trafficking networks.

Investigations revealed that travelers often purchase tickets to South American countries but, upon arriving in Brazil for a stopover, apply for asylum, abandon their plans to reach their final destination, or return to their home countries, choosing instead to remain illegally in restricted airport areas. The majority of these travelers are from Asian countries and aim to reach the United States or Canada.

“The Federal Police have discovered that criminal organizations are advising travelers in this situation to apply for asylum as a way to circumvent the visa requirement for entering Brazil,” stated the Ministry of Justice.

According to the government, the figures reveal “the misuse of the asylum process for the sole purpose of following irregular migratory routes. In other words, an irregular migration route has become established in Brazil, characterized by significant involvement from actors engaged in migrant smuggling and human trafficking, with clear evidence of fraudulent use of the asylum system.”

Over the past decade, from 2013 to 2023, the number of asylum applications at Guarulhos International Airport increased 61 times, rising from 69 to 4,239. From January to August 21 this year, 6,329 applications were submitted, but most did not seek migratory registration (a document required for asylum seekers). Only 117 individuals expressed interest in registration between 2023 and June 2024.

Immigrants in Guarulhos

At a meeting on Wednesday (21), representatives from the Federal Public Prosecutor's Office, the Federal Public Defender's Office, and the concessionaire managing Guarulhos Airport urged airlines to provide support to immigrants without visas who are stranded at the terminal while their asylum applications are processed. Currently, around 480 foreigners are in this situation.

According to the Federal Public Defender's Office, airlines are required to provide hygiene products and food. GRU Airport, the concessionaire, has committed to exploring options to increase the number of available bathrooms for immigrants. Some foreigners are currently residing in remote areas of the terminal with limited access to toilet facilities.

“Dialogue among all parties is crucial to ensuring that immigrants receive basic humanitarian assistance. At the same time, it is essential to expedite the processing of these asylum requests to prevent the increasing number of foreigners from affecting airport operations,” said public prosecutor Guilherme Rocha Göpfert, who led the meeting.

The Federal Public Prosecutor's Office and the Federal Public Defender's Office recommend that the Ministry of Justice and the Federal Police ensure a swift and simplified process for granting access to Brazilian territory, in order to uphold the right to asylum as guaranteed by Brazilian and international law.

The Ministry of Justice announced that it has established a task force with the Federal Police. By Monday (26), "passengers who are in transit in the restricted area [of Guarulhos Airport] and who may seek asylum will have their requests processed."