First remarks on the National Policy on Migration, Refuge and Statelessness: what to think and what to do

Abstract

The aim of this article is to critically analyze Decree No. 12.657/2025, which established the National Policy on Migration, Refuge and Statelessness in Brazil, identifying ambiguities and omissions that may compromise its effectiveness. Initially, the policy's construction process since 2017 is contextualized, including the public consultations of 2023 and the II National Conference "COMIGRAR" in 2024, highlighting the absence of public discussion regarding the final draft text. Thereafter, the article examines four problematic aspects. First, the concept of "community rootedness (enraizamento comunitário)" is questioned, warning of risks of selective interpretations that may favor certain migratory groups and revive historical assimilationist practices. Following this, the new governance structure is analyzed, particularly the lack of definition regarding the National Migration Council and its relationship with the previous CNIg, in addition to the maintenance of Operation Welcome (Operação Acolhida) as part of a parallel policy. The article further criticizes the excessive postponement of regulations to ministerial ordinances, including social assistance facilities and documentation regularization procedures. Finally, significant omissions are identified in topics such as climate change-induced mobility, protection of unaccompanied children, the asylum system, and the situation of emigrated Brazilians. The article concludes that, despite the identified limitations, the Policy represents a relevant institutional advance. Its effectiveness, however, will  depend on the engagement of civil society, migrant communities, and human rights institutions in constructing the quadrennial National Plan and monitoring implementation, aiming for a less security-oriented approach more aligned with contemporary demands of human mobility.