stating that any child of foreign migrants could only be registered if his or her
parents were in regular migratory status at time of birth. Further, the judge
instructed registrars that the testimonies of unauthorized migrants could not
be accepted in registering births in Brazil. The judge also ruled that giving false
testimony over a birth was a federal crime punishable by 1–5 years in prison, and
that any witnesses who aided in the commission of such crime would also incur
the same criminal liability.141
Although the judge’s order was unconstitutional, at least one local notary and
his employees have followed it in practice under the belief it was a correct
interpretation. Pastoral do Migrante, a local NGO that works with immigrant
communities, confirmed that the policy exists and remains in place, and that
some immigrants remain subject to the policy.142 Some local officials justified the
existence of such a policy in interviews carried out by a local researcher in August
2015, stating it was a necessary tool to address unauthorized migration and to
avoid giving undocumented people access to social security benefits, (although
they are legally entitled to them).143
The case of Guajará-Mirim may be viewed as a local problem, and it is not clear if
this problem exists in other municipalities. However, this case suggests that similar
practices could occur, particularly in remote regions. It reveals that judges exert
a considerable degree of discretion on these matters and that an administrative
order within the judge’s judicial power can have far reaching effects and be difficult
to challenge. The situation in Guajará-Mirim shows how Brazil’s decentralized
system of providing identity documents, combined with discretion granted to local
actors, can make it difficult to obtain nationality as a practical matter, especially
for indigenous peoples and others living in remote areas.
BORN IN THE AMERICAS
47
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