Court orders PF to analyze Haitian refuge within 48 hours

Decision comes after group was stranded on plane in Viracopos; Federal Police initiated a joint effort to release the immigrants.

The Federal Court ordered on Saturday (March 14, 2026) that the Federal Police analyze, within 48 hoursthe requests for refuge from a group of Haitians who disembarked at Viracopos International Airport, in Campinas (SP). The measure comes after days of legal and operational uncertainty regarding the entry of foreigners into Brazil.

The preliminary decision was taken to prevent immigrants from remaining in a vulnerable situation at the airport.

UNDERSTAND THE CASE

The crisis began on Thursday (March 12, 2026), when an aircraft carrying 118 citizens of Haiti landed in Viracopos. At the time, the group was prevented from disembarking immediately by the immigration authorities.

The passengers were trapped inside the plane for several hours due to the lack of entry visas or documentation considered adequate by inspection.

The impasse mobilized the concessionaire Aeroportos Brasil Viracopos and the airline, generating concern about the hygiene and food conditions of passengers, which included women and children.

The prolonged hold on the tarmac brought human rights lawyers to the airport to provide legal support to passengers. According to ASF (Lawyers Without Borders), professionals were prevented from accessing them.

MUTIRON AND RELEASE

After the repercussion of the case and judicial pressure, the Federal Police started a task force to speed up the processing of asylum requests and the issuance of temporary documents.

The Haitians were allowed to leave the airport after 2 dias retention.

In a statement, the Federal Police stated:

“Viracopos International Airport regularly receives flights from Haiti, currently with around 3 weekly operations and approximately 600 passengers in this migratory flow. In the vast majority of operations, passengers arrive in the country with adequate migration documentation, with occasional and occasional cases of inadmission due to documentary irregularities.

“In the case of the aforementioned flight, during the regular migration control procedure, carried out by the Federal Police, it was identified that 113 of 115 passengers who disembarked presented falsified humanitarian visas. Given the finding of documentary irregularity, the administrative measure of inadmission was applied, as provided for in Law No. 13,445/2017 (Immigration Law).

“In these situations, in accordance with immigration legislation and international air transport standards, the responsibility for returning the unaccepted passenger to the point of origin lies with the airline carrier, which also has the duty to previously check the documentation necessary for boarding.

“After notification of inadmission, the passengers were reboarded on the aircraft. Around noon, everyone was already on board, with the aircraft door closed and take-off authorization granted to return to the flight’s point of origin. The aircraft, however, remained on the airport apron due to operational issues related to the flight, the management of which is the responsibility of the airline and the crew. The Federal Police has no influence on flight operational decisions.

“The information that access to legal assistance for passengers had been prevented was also unfounded. Subsequently, in view of the presence of representatives of organizations and legal assistance entities at the airport, the foreigners were advised to disembark and receive support for the eventual formalization of asylum requests, if they so desired.

“Under the terms of Law No. 9,474/1997 (Refuge Law), the request for recognition of refugee status is very personal and must be presented individually to the migration authority. Currently, the procedure is initiated through the Sisconare System (Electronic Refuge Processing System), by filling out the electronic form. After this step, the applicant must appear at the Federal Police unit responsible for migration control — in this case, the one installed at the Airport itself. Viracopos —to validate information and issue the provisional asylum request protocol.

“During this period, the foreigners were sent to a suitable area on the airport’s premises, made available by the concessionaire responsible for managing the terminal, with access to sanitary facilities and food. The Federal Police are not responsible for managing or paying for these logistical measures.

“The Federal Police will also adopt the appropriate measures to investigate possible crimes related to the falsification of documents and the organization of the irregular movement of migrants, with the establishment of investigative procedures to identify those responsible.”

DETAILS OF THE DECISION

In the text of the decision, the Federal Court established guidelines for the handling of the case by the Federal Police. The ruling determines that the body must complete the individual analysis of each asylum request within a maximum period of 48 hours.

In addition to the deadline for analyzing documents, the decision obliges authorities to ensure that no immigrant is kept in degrading or inadequate conditions during processing.

The objective is to prevent the airport’s lack of infrastructure for long stays from violating the principles of human dignity set out in the Constitution and in international refugee protection agreements.