U.S. Court Confirms False Immigration Record Used in Filipe Martins Detention as FOIA Case Continues
By Hotspotnews
A federal judge in Florida has confirmed that a U.S. Customs and Border Protection (CBP) immigration record used by Brazilian Supreme Federal Court Justice Alexandre de Moraes to justify the 2024 preventive detention of Filipe Martins was false. Martins, a former international affairs advisor to Jair Bolsonaro, was held for nearly six months after Moraes cited a supposed entry into the United States on December 30, 2022—the same day Bolsonaro traveled to Florida. Defense evidence, including phone geolocation data and domestic flight records, showed Martins remained in Brazil.
In October 2025, CBP itself stated after review that Martins did not enter the U.S. on that date. The agency described the record as erroneous, noted that its insertion remained under investigation, and criticized the use of the inaccurate information by Moraes, who had previously faced U.S. sanctions over human rights concerns.
The matter is now the subject of a Freedom of Information Act lawsuit filed by Martins in the U.S. District Court for the Middle District of Florida. During a March 2026 hearing, Judge Gregory A. Presnell treated the record as false and fraudulent. He observed that the U.S. government acknowledged both the falsity and the seriousness of the issue, emphasized that Martins had the right to know how the entry was created and who was responsible, and ordered production of documents identifying those involved. The judge described certain government arguments for withholding information as absurd. Defense counsel have stated that they already possess the relevant names and internal messages, but these remain protected by the confidentiality of the ongoing U.S. proceedings and cannot yet be disclosed.
The case has drawn attention amid broader tensions between the United States and Brazil involving free-speech and judicial-order disputes. In a separate Florida federal lawsuit, Trump Media & Technology Group and Rumble have challenged orders issued by Moraes affecting U.S.-based platforms, arguing that the directives are unenforceable under the First Amendment and other U.S. law. Brazil intervened in that case in June 2026, asserting Foreign Sovereign Immunities Act protections, and a motion to dismiss remains pending.
The Martins FOIA proceedings continue on their own schedule, with no public confirmation that disclosures are being timed to Brazilian politics. However, the presidential runoff scheduled for October 25, 2026—between incumbent Luiz Inácio Lula da Silva and Flávio Bolsonaro—adds a political layer. Flávio Bolsonaro led the first round with approximately 47 percent of the vote to Lula’s 45 percent. A change in the Brazilian executive could affect how Brasília approaches litigation involving Moraes, while any release of names or communications tied to the false CBP record would likely intensify scrutiny of the original detention.
As of mid-October 2026, specific individuals responsible for creating or inserting the false record have not been publicly identified. The U.S. court process remains the primary mechanism for determining accountability.
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Sources: U.S. District Court for the Middle District of Florida (FOIA proceedings and hearing transcript as reported); CBP public statement (October 2025); reporting by Folha de S.Paulo and Gazeta do Povo (August 2026); official election results as reported by the Superior Electoral Court and major outlets.