New York City

There is a issue with Jair Bolsonaro in the United States.
After challenging his Oct. 30 defeat to leftist rival Luiz Inacio Lula da Silva, the far-right former president of Brazil flew to Florida two days before his term ended on January 1. However, a violent group of election-denying supporters who left behind Bolsonaro stormed Brazil’s presidential palace, Congress, and Supreme Court on Sunday.

Democratic President Joe Biden is under increasing pressure to expel Bolsonaro from his self-imposed exile in suburban Orlando after witnessing Trump supporters invade the US Capitol two years ago.

On CNN, Democratic Congressman Joaquin Castro stated, “Bolsonaro should not be in Florida.” This authoritarian, who has fostered domestic terrorism in Brazil, should not seek refuge in the United States. He ought to be returned to Brazil.”

Castro went on to say that Bolsonaro, a Trump supporter who now lives in the state where the former president was born, had “used the Trump playbook to inspire domestic terrorists.”

Those sentiments were shared by Alexandria Ocasio-Cortez, a fellow Democratic Congresswoman.

She tweeted on Sunday, “The US must cease granting Bolsonaro refuge in Florida.” We observe fascist movements abroad attempting to replicate the attack on the U.S. Capitol nearly two years later in Brazil.”

Their remarks highlight Washington’s significant decision regarding Bolsonaro’s future and intensify the opposition to him.

After losing broad protections from prosecution when he stepped down as president, Bolsonaro was already on weaker ground in Brazil, where he had a fractious relationship with Biden. Reuters reported last week that those investigations could result in his arrest or prevent him from running for office.

The most immediate threat to Bolsonaro, according to John Feeley, who served as the U.S. ambassador to Panama from 2016 to 2018, was when the Central American nation sought the extradition of its former President Ricardo Martinelli. During this time, Panama sought to extradite Martinelli.

Feeley stated, “The United States – or any sovereign nation for that matter – may remove a foreigner for any reason, even one who entered legally on a visa.” It is a decision made solely by the sovereign, and there is no need for a legal justification.”

On the condition of anonymity, a U.S. consular official stated that Bolsonaro almost certainly entered on an A-1 visa, which is reserved for heads of state.

After the recipient leaves office, the A-1 is typically canceled. However, the official is concerned that Bolsonaro’s A-1 is still in use because he left Brazil and entered the United States before the end of his term.

The official, who has dealt with visa cancellations for former heads of state, stated that an A-1 visa holder can remain in the United States for any length of time.

The official stated, “We’re in uncharted territory.” Who knows how long he will remain?

According to a spokesperson for the State Department, “visa records are confidential under U.S. law; As a result, we are unable to discuss specific visa cases.”

BASELESS PROMISES

It’s possible that Bolsonaro doesn’t want to go back to Brazil, where he is accused of starting a violent movement to deny an election by making false claims of electoral fraud.

During his inauguration speech on January 1, Lula had previously stated that he would pursue Bolsonaro if necessary. On Sunday, Lula attributed the invasion to his predecessor.

Lula stated, “This genocidist is encouraging this via social media from Miami.” Everyone is aware that the former president has given a number of speeches urging this.

Bolsonaro said in a tweet on Sunday that the invasion had crossed the line between peaceful protest and Lula’s accusations.

Before he resigned as president, Bolsonaro was already the subject of four criminal investigations by the Supreme Court.

After the invasion on Sunday, legal experts said that he might be the target of an investigation into anti-democratic protests by the Supreme Court, led by the crusading Justice Alexandre de Moraes, which has already led to several arrests.

Bolsonaro would technically be required to fly back to Brazil and surrender to police if Moraes signed an arrest warrant while he was in the United States. Brazil could issue an Interpol Red Notice to prompt his arrest by U.S. federal agents in the event that he refuses.

Brazil would have to make a formal request for his extradition if he were held in the United States. Bolsonaro could appeal to the courts in the United States or try to get asylum, but neither of these options guarantees that he will not be sent back to Brazil.

Three years after the arrest warrant for former Panamanian President Martinelli was issued by the Supreme Court of Panama, he was extradited from the United States and brought back to Panama in 2018.