Lisbon: Portugal has cleared the way for tougher and faster action against foreign nationals living in the country illegally after President António José Seguro promulgated a controversial new law aimed at accelerating deportations and tightening the rules governing irregular migration.
Seguro signed the legislation on August 31, three days after Portugal’s Constitutional Court unanimously upheld the contested provisions, bringing the measure closer to implementation once it is published in the country’s official gazette.
The law represents a significant tightening of Portugal’s migration framework at a time when immigration has become an increasingly prominent political issue across the country and much of Europe.
The legislation had faced scrutiny from the president himself. On August 7, Seguro referred 11 provisions of the so-called return law to the Constitutional Court, expressing concerns about whether certain measures adequately protected the interests of children and whether foreigners who had not committed crimes could be held in administrative detention for excessively long periods.
It was the first time since taking office in March that the president had used his power of preventive constitutional review.
The Constitutional Court’s unanimous decision nevertheless cleared the disputed provisions, while also providing guidance on several questions that could arise during implementation. These included the treatment of children born in Portugal and circumstances involving the possible separation of parents from their children during deportation proceedings.
One of the most significant changes under the new legislation is a substantial extension of the period during which irregular migrants can be held in temporary installation or detention centres while arrangements for their removal are being completed.
The maximum initial period will increase from 60 days to 180 days. In certain circumstances, the detention can be extended for another 180 days, particularly where the individual refuses to cooperate with the authorities or where foreign governments delay the issuance of the travel documents required for deportation.
The legislation also removes the existing notification mechanism that gave people residing illegally in Portugal a period in which they could leave the country voluntarily.
Another major change concerns re-entry bans. Foreign nationals forcibly removed from Portugal will face a prohibition on returning for up to five years. Longer bans may apply in cases considered particularly serious or aggravated under the new framework.
The government argues that the changes are necessary to make Portugal’s deportation system more effective and to prevent cases in which removal procedures become prolonged because of legal, administrative or diplomatic obstacles.
The legislation also reflects Portugal’s changing political landscape, where migration has emerged as a politically divisive issue.
The Assembly of the Republic approved the bill on July 17 with the backing of the Social Democratic Party and the CDS–People’s Party, the two parties forming Prime Minister Luís Montenegro’s minority coalition, as well as the Liberal Initiative.
The vote became possible because Chega, the right-wing populist party that emerged as the largest opposition force following the May 2025 election, abstained rather than voting against the legislation.
With left-wing parties opposing the measure, Chega’s decision not to oppose the bill proved decisive.
Chega leader André Ventura had already indicated in March that his party was prepared to negotiate with the government over the legislation, while pressing for significantly tougher provisions. Among its demands was the removal of the suspensive effect of asylum appeals, which can prevent deportation while an appeal is being considered.
The party’s position highlights the growing pressure on the Portuguese government from the political right to adopt a more restrictive approach to immigration.
Following the Constitutional Court’s ruling, Social Democratic Party spokesman Sebastião Bugalho argued that the court’s decision, together with support from the Liberal Initiative, removed the main obstacles to the president promulgating the legislation.
Portugal’s reforms are also being introduced against the backdrop of a broader European effort to tighten migration and return policies.
The Portuguese government has presented the legislation as part of the country’s implementation of the European Union’s Pact on Migration and Asylum. New EU rules covering areas such as border procedures, screening and returns began applying on June 12.
At the European level, lawmakers have also moved towards a more coordinated system for returning people who have no legal right to remain in the bloc. Proposals include a European Return Order that can be recorded in the Schengen information system and arrangements allowing some individuals to be transferred to return facilities located outside the EU.
The developments point to a broader shift within Europe from managing irregular migration primarily through individual national systems towards greater coordination on deportation, border control and return procedures.
The tougher Portuguese approach has nevertheless drawn criticism from organisations working with refugees and migrants.
The Portuguese Refugee Council and the United Nations refugee agency submitted critical opinions during the legislative process, raising concerns about the potential impact of the new rules on migrants’ rights and safeguards.
The debate is particularly sensitive where children and families are involved. The president’s decision to seek constitutional review had specifically highlighted questions surrounding the best interests of children and the possibility of prolonged detention of people who had not been convicted of crimes.
The Constitutional Court’s ruling has now provided a legal basis for the government to proceed, but the practical application of the law is likely to remain closely watched by courts, rights organisations and migration authorities.
The government has defended the reforms by pointing to cases in which existing detention limits prevented authorities from completing deportations.
When the legislation was presented in March, Minister of the Presidency António Leitão Amaro cited the case of 38 Moroccan nationals who arrived on Portugal’s Algarve coast in August 2025.
According to the government, the migrants were eventually released after the existing detention period expired, illustrating what officials regard as a weakness in the previous system.
The new law is intended to prevent similar situations by giving authorities considerably more time to complete identification, documentation and removal procedures.
For Portugal, the legislation marks a notable change in its approach to irregular migration. For the government, it is a necessary effort to make deportation procedures workable and bring national rules into line with the evolving European framework.
For critics, however, the central question will be whether greater enforcement can be achieved without weakening protections for vulnerable migrants, particularly children and families.
The law’s implementation will therefore test Portugal’s ability to balance stricter immigration controls with constitutional safeguards and humanitarian obligations — an issue increasingly at the centre of Europe’s migration debate.
