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Brazil: No More Visa Cap for Haitian Citizens

(May 3, 2013)

On April 29, 2013, the Brazilian National Council of Immigration (Conselho Nacional de Imigração—CNIg), published Normative Resolution No. 102 (Resolução Normativa No. 102, de 26 de Abril de 2013, CNIg website), which revoked the cap of 1,200 annual visas made available for Haitian citizens. The cap was established by the government in 2012 to curb illegal entry of Haitian immigrants across the border of the Brazilian state Acre with <?Bolivia and Peru. The resolution also establishes that the power to grant visas will not be restricted to the Embassy of Brazil in Port au Prince and that the Ministry of Foreign Affairs must define which overseas posts will be accredited to grant the visas (Marcos Chagas e Renata Giraldi, Governo Federal Acaba com Limite de Concessão de Vistos a Haitianos, AGÊNCIA BRASIL (Apr. 29, 2013)).

Background Information

CNIg, which is subordinate to the Ministry of Labor, is the government body in charge of immigration matters (Decreto No. 86.715, de 10 de Dezembro de 1981, art. 142, PLANATO.GOV.BR). Its organization and functions are regulated by Decree No. 840 of June 22, 1993 (Decreto No. 840, de 22 de Junho de 1993, PLANATO.GOV.BR).

CNIg is responsible, inter alia, for the orientation of immigration officials and the coordination of immigration activities; preparation of immigration policies; creation of immigrant selection rules designed to provide the many sectors of the economy with specialized workers; promotion of studies related to immigration problems; elaboration of immigration plans; conducting of periodic surveys related to the needs for qualified international workers, whether permanent or temporary; settlement of disputes and solution of cases unforeseen by immigration law in regards to the admission of immigrants; and provision of opinions on proposals to change immigration legislation (Decreto No. 86.715, art. 144).