The detention of former deputy Alexandre Ramagem in the United States could result in deportation for immigration reasons or the advancement of the extradition process requested by Brazil, according to experts interviewed by Estadão.
There is also a request for political asylum made by senator Jorge Seif (PL-SC). In the document sent to the embassy and obtained by Estadão, the Bolsonaro senator states that Ramagem’s case involves risks to legal security and raises questions about political persecution.
The former director of the Brazilian Intelligence Agency (Abin) was arrested by the US Immigration and Customs Control Service (ICE) this Monday, 13.
Ramagem’s arrest has already been recorded in ICE’s electronic system. “The arrest resulted from international police cooperation between the Federal Police and US police authorities”, says the Federal Police note.
“The prisoner is considered a fugitive from Brazilian justice after being convicted of the crimes of armed criminal organization, coup d’état and attempted violent abolition of the rule of law”, he adds.
Ramagem’s ally, influencer Paulo Figueiredo, who also lives in the United States, claims that he was only detained for a traffic violation and that he is providing assistance so that he is not deported. Figueiredo said that Ramagem has a pending asylum request in the USA and, therefore, would be in legal condition in the country.
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“This has absolutely nothing to do with Brazil’s extradition request, which is still being analyzed by the State Department,” he said.
FGV Direito SP Law professor Luísa Ferreira states that if the detention is of a migratory nature, the case could result in deportation. “He is stopped there by the police, he is without documentation – apparently, he does not have a valid passport – and then, like any person who is without documentation, especially in this Trump administration, which has adopted a tough immigration policy, he is taken and detained for lack of documentation, for being in the United States illegally”, he explained.
The professor emphasizes that it is essential to differentiate between deportation and extradition. “The deportation is due to a problem of lack of documentation. If he is deported, as soon as he arrives in Brazil he is automatically arrested, because the conviction has already become final and there is an open arrest warrant,” he said.
In the case of extradition, the process tends to be longer and involves legal analysis. “There will be an assessment of whether the crime is recognized in both countries, whether or not it is a political crime. There is a treaty between Brazil and the United States for extradition cases, but it is a slower procedure”, he stated.
Political asylum
During both processes, Ramagem could present a defense claiming the right to political asylum. Paula Ritzmann Torres, PhD in International Law from the University of São Paulo (USP), states that a detained person can request asylum when they consider that they are suffering political persecution in their State of origin.
“The granting of asylum prevents both deportation and extradition, which is why the respective processes can be suspended pending the decision on asylum, which follows its own procedure.
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According to the expert, during the analysis period the person is not technically legal in the country, but is not removed from the territory until a decision is made.
Canceled diplomatic passport
Ramagem’s extradition request was delivered to the United States government on December 30 last year, but there is no deadline for analysis. An ally of former president Jair Bolsonaro, Ramagem fled to the United States during the trial of the criminal action against the coup plot in the Federal Supreme Court (STF).
He lost his mandate as deputy at the end of last year and was sentenced to 16 years in prison for the crimes of armed criminal organization, attempted violent abolition of the rule of law and coup d’état.
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After the conviction, STF minister Alexandre de Moraes had requested Ramagem’s extradition to serve his sentence in Brazil. There is still no official information on whether the detention carried out by the immigration service is related to this extradition request.
Ramagem left Brazil for Roraima and entered Guyana by car, from where he boarded a plane to the United States. The US government had been resisting complying with other orders from Moraes to extradite allies of the former president who fled to the US, such as blogger Allan dos Santos, on the run since 2021.
In February of this year, he was questioned via videoconference by the STF. According to the records, the action deals with alleged crimes committed after the diploma, related to the acts of January 8, 2023, including qualified damage with violence and serious threat against the Union’s assets and deterioration of listed assets, with damage considered relevant. The facts investigated would have occurred until the end of his parliamentary term.
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He had his mandate revoked by the Board of Directors of the Chamber of Deputies in December last year and also had his diplomatic passport cancelled. On social media, he stated at the time that the decision was the result of a “stroke” and that the president of the House, Hugo Motta (Republicanos-PB), acts as “a subordinate of a dictator minister”.
