Calls are mounting for the Biden administration to revoke the visa of former Brazilian President Jair Bolsonaro, who is currently staying in Florida, following riots in Brazil by his supporters.
But experts warn that efforts to force his return involuntarily, especially through extradition, could face legal challenges that could drag on for years.
Bolsonaro has been in Orlando, Florida, since late December. He left Brazil just days before the inauguration of his successor, Luiz Inacio Lula da Silva, who defeated Bolsonaro’s reelection bid in last year’s election by 1.8% of the vote.
Bolsonaro never conceded defeat and, in an echo of former U.S. President Donald Trump, had long told his supporters that the election would be rigged against him. His supporters spent weeks camped outside army bases in Brazil, urging the military to mount a coup to prevent the January 1 inauguration of Lula, as the new president is commonly called.
No coup emerged. A week after Lula’s inauguration, a mob of thousands of Bolsonaro supporters stormed the buildings that house Brazil’s presidential palace, congress and supreme court. Hundreds were arrested after authorities eventually reasserted control over the buildings. Comparisons were immediately made to the January 6, 2021, attack on the U.S. Capitol by Trump supporters who tried to overturn the results of the 2020 presidential election.
Broad denunciations
From Florida, Bolsonaro tweeted a condemnation of the violence but was still widely condemned by politicians in Brazil and other countries, many of whom blamed him for planting the seeds of distrust of the election results.
Bolsonaro checked into an Orlando hospital on Monday, complaining of intestinal pain. According to the Reuters news agency, he was diagnosed with an intestinal blockage that is not considered serious.
After footage of the riot in Brasilia was broadcast around the world, some critics in the U.S. began calling for the Biden administration to send Bolsonaro back to Brazil.
“Bolsonaro should not be in Florida,” Democratic Congressman Joaquin Castro said in an appearance on CNN. “The United States should not be a refuge for this authoritarian who has inspired domestic terrorism in Brazil. He should be sent back to Brazil.”
“Nearly two years to the day the U.S. Capitol was attacked by fascists, we see fascist movements abroad attempt to do the same in Brazil,” Congresswoman Alexandria Ocasio-Cortez, also a Democrat, wrote on Twitter. “The U.S. must cease granting refuge to Bolsonaro in Florida.”
Immigration status vague
Bolsonaro’s current immigration status is unclear. If he entered the U.S. on a diplomatic visa, his travel authorization would have ended with his term as president, giving him 30 days to return home or to seek a different immigration status. A tourist visa might make him eligible to stay in the U.S. for 30 or 60 days but is subject to revocation at the State Department’s discretion.
The State Department has declined to say what kind of visa Bolsonaro used to enter the country.
Biden called the attack on Brazil’s center of government “outrageous,” but White House officials have been very cautious about saying how the administration intends to handle Bolsonaro’s presence in the U.S.
In a press conference in Mexico City on Monday, White House national security adviser Jake Sullivan said, “We have not, as of now, received any official requests from the Brazilian government related to Bolsonaro. Of course, if we did receive such requests, we’d treat them the way we always do — we’d treat them seriously.”
If Bolsonaro’s visa is revoked, he would be required to leave the U.S. but could travel to a third country if he prefers not to return to Brazil.
Extradition complicated
Bolsonaro is under investigation for alleged illegal activities undertaken while president. If charges are brought against him, he could be the subject of a formal extradition request by the Brazilian government, which has an extradition treaty with the U.S.
Jacques Semmelman, a partner at New York law firm Katten Muchin Rosenman, has handled many international extradition cases and told VOA the process can be very time-consuming, especially if the individual contests it.
“Any country that seeks extradition from the United States of a particular individual must submit a request for extradition that satisfies various requirements,” Semmelman said. “Among the requirements is that there has to be a formal criminal charge, or charges, against the individual sought. And those charges have to be supported by evidence showing that there is probable cause to believe that the person committed the crimes.”
The initial request goes to the State Department, which examines it to see if it complies with the most basic requirements of extradition. It is then forwarded to the Justice Department, which assigns the case to the U.S. attorney’s office in the jurisdiction where the individual resides.
The U.S. attorney’s office then starts a judicial proceeding meant to establish whether or not the person is extraditable under the law. If the court determines the person is extraditable, the issue is referred back to the State Department, where the secretary decides whether or not to follow through with the extradition.
Semmelman said there are a number of potential defenses against extradition that can turn the proceeding into a lengthy court battle.
"If the extradition is contested by the accused person, the extradition process within the judicial system can take many, many months and often several years," he said. "It's a long process and a complex process. There are a lot of issues that could be raised."
