Congressmen increase pressure to expel Bolsonaro from the US

In a letter dated Thursday, 46 Democratic congressmen urged Biden to oust Bolsonaro in light of the Jan. 8 attacks by his supporters on government buildings in Brasilia. They said the violence was “built on months of pre- and post-electoral fabrications by Mr. Bolsonaro and his allies” about the October elections that Luiz Inácio Lula da Silva won by a narrow margin.

“The United States should not harbor him, or any authoritarian who has inspired such violence against democratic institutions.”the lawmakers wrote, calling on the US to “Cooperate fully with any investigation by the Brazilian Government into your actions, if requested.”

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The letter increased pressure on Biden to do something about Bolsonaro, who traveled to Florida days before Lula’s inauguration on what he said was a vacation. Bolsonaro was seen eating at a KFC and strolling through a Publix supermarket in Florida after his arrival in the US on December 30.

A former Bolsonaro spokesman, who remains a friend of his family, did not immediately respond to a message seeking more information about the former president’s intentions.

What was initially seen as a strange quirk of post-election Brazilian politics became much more serious after riots by Bolsonaro supporters, and the Biden government began to consider whether to intervene in some way. That dilemma seemed to resolve itself when Bolsonaro, who was briefly hospitalized near Orlando for abdominal pain, told CNN Brazil that he would cut short his trip and return home.

But Bolsonaro has not yet returned to his country, and the Biden government is once again faced with the question of what to do with its presence in the US, and whether trying to oust him would open up a complicated legal battle. Bolsonaro is believed to have arrived in the US on a diplomatic visa, as he was still president at the time of his arrival. The State Department, which declined to comment on Bolsonaro’s specific case, says a person has 30 days to leave the US or change visa status after leaving government service.

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Biden could have the authority to declare Bolsonaro persona non grata and order him to leave the country. But that measure is generally used for a foreign diplomat, not a head of state, and it’s unclear whether it applies in Bolsonaro’s case. If Bolsonaro believes he risks prison if he returns home, he could seek asylum or challenge extradition in US courts.

“This is very complicated and has to do with international law, US law, the Vienna Conventions, international customary law and the Constitution,” said Denyse Sabagh, a partner at Duane Morris LLP who specializes in immigration and nationality law.

“You can see a lot of different avenues where, depending on what the US does, his lawyers could argue that he is entitled to some kind of relief here in the US.”he added.

Secretary of State Antony Blinken refused to even name Bolsonaro when asked about his case at a briefing on Wednesday.

“We are now talking about people who are private citizens,” Blinken said. “We’ve heard a number of public statements from these people about their plans, but we don’t really have anything to add.”

Blinken pointed out that Lula has requested an investigation into the riots, but that the US has not received “no specific request from the Brazilian authorities”indicating that so far the Brazilian authorities have not requested to extradite Bolsonaro.

“Of course, if and when we do, we will work quickly to respond, as we always do.” Blinken said.

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Another question is whether Lula wants Bolsonaro to return to Brazil.

Bolsonaro’s presence in Brazil “It would have a destabilizing impact not only on the country, but also on Lula’s ability to govern,” Jason Marczak, director of the Atlantic Council’s Adrienne Arsht Center for Latin America, said in an interview.

Bolsonaro could use the anger of his followers “to try to continue its relevance and its power in Brazil”Marczak noted. “I think he will try to make it more and more politically problematic to bring charges against him.”

Although Bolsonaro criticized the riots, he has also continued to fuel the misinformation that supporters who participated have embraced, sharing video of voter fraud conspiracies on Facebook that was removed hours later.