Amendment Aims To Halt Brazilian Immigration to the U.S.

This actually happened.

From The Hill:

The [U.S.] House Appropriations Committee on Wednesday approved a 2014 Homeland Security funding bill with a bipartisan voice vote. The bill is expected on the House floor in June. In a surprise development, the committee approved an amendment from Rep. Tim Ryan (D-Ohio), which would effectively end immigration from Brazil. The provision was included in order to pressure Brazil to extradite Brazilian-born Claudia Hoerig to the United States for trial in the murder of her husband, Air Force Major Karl Hoerig. The Ryan amendment does not affect travel visas or visas for temporary workers, an aide said.

If passed, the amendment would defund USCIS operations that involve processing immigration applications from Brazilian nationals.

Em português, do Estado de São Paulo:

Ao aprovar na quarta-feira, 22, um projeto de lei para liberar recursos para a segurança interna dos Estados Unidos em 2014, o Comitê de Finanças da Câmara dos Deputados avalizou emenda que impede a emissão de visto de residência permanente para cidadãos brasileiros nos Estados Unidos. O projeto de lei será submetido ao plenário da Câmara em junho e, se vier a ser aprovado pelas duas casas do Congresso americano, comprometerá o atual esforço dos EUA de aprofundar sua relação com o Brasil.

It's important to note: Brazil's Constitution prohibits extradition of Brazilians. Plus, it's complicated: Hoerig renounced her Brazilian citizenship when she became a U.S. citizen in 1999, but Brazil's Ministry of Justice never finished processing her paperwork to terminate her citizenship. Since Brazil still considers her a citizen, it won't extradite her, but the U.S. also considers her a citizen.

While it seems unlikely that something this ridiculous could pass, stranger things have happened, and this Congress doesn't exactly have a great track record. It's especially scary because it got tacked on as an amendment and could easily get lost in the fray.

I agree that impunity is a serious problem, and I think others would too. But this is also a sign of how far from reality some members of Congress are in terms of comprehending Brazil's importance to the United States. Brazil and the U.S. may have disagreements when it comes to binational legal disputes like this (see: Goldman case), but this is not something you do to a serious ally. You don't punish people who aren't to blame for the problem.

UPDATE, 6/9: Good news - the House eliminated the language on banning Brazilian immigration from the bill on June 5.

What you can do:

• Contact Vice President Joe Biden, who will be in Brazil next week.
• If you live in the United States, contact your representative.
• If you live in Brazil, contact Itamaraty via email or social media.
• Contact Brazil's Foreign Minister Antonio Patriota.
• Contact Representative Tim Ryan's office via phone, email, or social media.

Comments

[PTRio]

This woman, a US citizen, fled to Brasil after allegedly murdering her husband in the US FOUR YEARS AGO. Since that time, the Brasilian government has basically extended its middle finger in response to US efforts to have her brought to the US for trial. Congressman Ryan (not the Paul Ryan who ran for VP with Mitt Romney) has become so frustrated he inserted a provision into an unrelated funding bill which would ban issuance of permanent visa's to Brasilians until this situation is resolved. In a rather unfortunately typical Brasilian bureaucratic bungle, the womans renunciation of her Brasilian citizenship was never completed by the Brasilian Ministry of Justice.

I recall a somewhat similar event from about 20 or 25 years ago, involving a man from Seattle named Martin Pang. He set fire to his families frozen food manufacturing plant in Seattle and several fire fighters died in the fire. Under Washington law, he was charged with murder for their deaths. At that time, this offense was punishable by death. He fled to Brasil. Brasil refused to extradite him (he was a US citizen and had never even been to Brasil before, if I recall correctly) because Brasil does not have or believe in the death penalty. Eventually, the State of Washington had to agree not to seek the death penalty in order to get Brasil to release Pang so he could be tried. He is now in prison for "life" (which is often only 30 years, often less) at the expense of tax payers. Does Brasil really want to be known as the place where killers can go to escape justice?

I am a US Citizen, and permanent resident in Brasil, and am opposed to the US telling other nations citizens how to live their lives, which it does all too often. It seems odd, but oddly fitting, that incompetence within the Brasilian Ministry of Justice should serve as the basis for Brasil refusing to extradite an accused murderer for trial. While I agree that holding hostage those Brasilians who have endured the process of obtaining a permanent visa in the US is unfair and just plain wrong, and that two wrongs cannot make anything right, even Congressman Ryan has admitted he isn't completely serious and is simply trying to bring attention to this issue for the sake of the family of the dead individual.

The solution is simple. The woman should be tried for the crime she is accused of. No government should use its own incompetence as a shield to protect an accused killer from justice. She did not want to be a Brasilian when she renounced her Brasilian citizenship in order to become a US citizen. She made that choice. Why should she be protected as a Brasilian now? If it were your Father, Brother or other family member or close friend, would you support the US if this person was there trying to escape justice for a killing committed in Brasil and the US refused to send her to Brasil?

[Eric Montaya]

Stories like this paint a picture of Brazil as a banana republic,not a serious country.if I
were Brazilian,I would be writing to the government in Brazil asking them to get their act together.
Sheltering murderers , what a wonderful contribution to humanity,and the world in general.

[Donald]

Rachel,

I think that concerned people should be writing to the Government of Brazil, not the Government of the USA.

Impunity for international fugitives and for Brazilian elites should no longer be tolerated. If Brazil wants to be taken seriously then it should have no problem delivering such people. Brazil is not some sort of island of impunity for the wealthy and those who believe they are above the law. Of course regular folks coming and going to the US should not have to pay for the sins of a minority, but I don't see why this proposal lacks merit. This is a really serious issue in international relations and should be faced up to fairly and squarely by Brazil.

I don't think this is an unreasonable proposal at all, but people should be venting their frustration with the Brazilian Government.

Donald

[Joao Balula]

I've been living in USA for many years now, my son was born here, my daughter became US Citizen and apply for me and my wife on January 2013, we never stayed illegal here, my wife did college here, my daughter is with her husband serving this loved country as military US member in Italy, I don't agree with many things in this world, specially in the case of Brazil keep this woman after what she did, but to punish innocent people, don't make anyone better than that women, but I believe in this country and I believe in what it represent, and I am sure at the end will be justice FOR ALL.

[Rachel's Rantings in Rio]

And I thought that the immigration headache with my Brazilian husband would actually get easier...

[Paulo O'neill]

Wonderful news. I hope more Brazilians won't go to the United States and neither or vacation.

How many US soldiers killed foreigners overseas and never faced trial?

"It's important to note: Brazil's Constitution prohibits extradition of Brazilians."

Period and that's the way it is and the US can go to hell. It has other serious problems, like rising unemployment, rising debt levels, banksters screwing the nation, you know those to big to fail losers.

The US wants to stop Brazilian immigration? fine, go ahead, most Brazilians already know that there are no jobs in the US and if the US wants to screw up the relationship with Brazil, they will regret. Brazil should stop immigration from the US...period, they're idiots anyway and believe they are the world.
Immigration to Brazil should only come from Europe, Asia, American nations (except the US) and some African nations. I repeat, you don't need the people from the US in your country, they aren't that valuable as they claim.

[Paulo O'neill]

@Eric Montoya: The US harbors many "criminal" government leaders in the state of Florida who commited a crime (money laundring, indirect killings) their country. What a Banana Republic.

@PTrio: She is still a Brazilian and Brazil does NOT extradite their citizens, that's in the constitution you just honor. It is a Problem for the US, not for Brazil. btw, she has done nothing wrong in Brazil.

@Jaoo Balula: Who cares. You think being in the army on tax payers money is cool and make you patriotic? You sir are figure with low self esteem. You like what the US system stands for? Are you serious or are just a suck up with your justice for all nonsense. There is no justice in the US, you do not belong to the club. How many illegal and legal war crimes has the US on it's balance sheets? How many people in the US are being screwed by the corrupt banking system who are too big too fail? How many of those corrupt officials in the government has gone to jail who created with the banksters the fake economic crisis? How about the IRS scandal I read about and nobody goes to jail? How about the patriot act? or how about the NDAA or all the injustice at Guantanamo bay? Do you stand for all that torture? Do you stand for that system? It shows you don't know what you are talking about but just copy and paste the same lecture you hear in the US (a self made importance nation)..over and over.

Tim Ryan is a self made importance clown who is just playing politics while ignoring the dire economic situation Ohio really is.

[Joao Balula]

Mr. PAULO O'NEILL (GREAT LATIN MIX NAME), by the way, by your name you are not Brazilian and even American, a least a real one, them really who care, I believe you that lost your time read something that don't concern to you Sir. just to criticize, and low self esteem Sir it's your figure, who just look like so frustrated with life that just know how to repeat everything that you heard in the media, people like you Sir. that believe know everything, should be the solution for the world.

[Joao Balula]

MR. Paulo Onell talk about corrupt banking system, politicians on jail, corrupt officials in the government, Sir where you live? another planet, Do you want to compare justice in Brazil and US, see what's happening in Sao Paulo, see the minors killing at spread, you want to talk about constitution, a country that constitution says, no discrimination of religion, nationality, sex, race etc...and create quotes for black people on university,that pay a minimum salary that is a joke, for sure you are the joke Sir. knowing so much about USA and so little about Brazil...I am not against Brazil at any way, but I am not blind like you Sir. to not see what's really happening in Brazil, for sure you must be very good friend of Mr. Jose Dirceu, Oh By the Way, talking about tax payer, check how many Brazilians are in the tax payer paycheck, probably you are one of them, to know so much about.

[mikabeto]

What a Joke this Paulo O'neill, stop to watch rede globo...Now is Dilma going to US...Wake up!!!!

[Paulo Ferraz]

Mr. Paulo O'neill, should be more concerned in comment the post, not criticized personal opinion of anyone, what a CLOWN!!!

[Barbara White]

How sad can be, two nation so close, with many things in common, and still can not understand each other, but see comments like of Mr. Paulo O'neil, we see how people can be so radical and impolite.

[Michelli Chan]

Just who have the courage to be a immigrant and change something can understand the impact of this, the world was made today by immigrants in past, because this kind of people we still have a little tolerance in the world, complete different from people like MR. Paulo O'Neill.

[Paulo Goulart]

Mr Paulo O'Neill, by name you also must be a immigrant, or a least your family, then my question is: How you can you be such a jerk?

[Richard Beck]

Mr. O'Neill must be a certain kind of international criminal looking for asylum in Brazil, just read his first post to get to that conclusion.

[Marcelo Cardoso]

Mr. Paulo O'Neill, Wow I see that we still have people that belong to Eike Batista club, giving advices for the Americans and didn't learn anything. Probably you don't live in Brazil like I do to know the real problems that my people have here, you are just one more the sit with a magazine, newspaper or turn on a big flat screen TV and think that learn everything.

[Ian Nieves]

One huge practical obstacle impedes any extradition agreement between Brazil and the United States: the perpetuation of Capital Punishment in the latter. The Death Penalty for civilian offenses is expressly forbidden by the 1988 Brazilian Constitution. How can magistrates extradite Claudia Hoerig or other defendants in good conscience when such rendering might constitute a violation of their constitutional rights and endanger their lives?

It also occurs to me that many nations have profited from the contributions of fugitives fleeing criminal prosecution or retribution in their hone countries. Biographies of the late celebrated Astrophysicist Carl Sagan suggest his paternal grandfather may have fled to the United States from Austria-Hungary to escape murder charges. Obviously the USA and indeed the world profited immensely from the Sagan patriarch escaping local justice. More recently, the USA accepted many Mariel Cuban refugees accused or convicted of criminal offenses by the Castro Regime; many of these fugitives have led prosperous,law-abiding lives in their new homeland. In short, many developing, frontier-type nations have prospered in part by tacitly permitting those who've made horrendous mistakes elsewhere make a new start by productively contributing to a new society. In keeping with Brazil's burgeoning reputation as the New America, where new beginnings and prosperity can be earned by the energetic and talented, I propose that Brazil may wish to stone-wall on ratifying any extradition agreement for the foreseeable future. This may offend American or "Justice Though The Heaves Fall" partisans, but I do believe it may serve Brazil's best interests. And the focus of this blog is indeed BRAZIL.

[Micheal Myers]

from what this is saying i will not be able to bring my girl friend/ fiance, here to be with me... just gives me another reason to be dissapointed with my government...