Portugal has cleared the final constitutional hurdle for a major overhaul of its immigration and asylum system, with President António José Seguro signing the legislation into
law after weeks of political and legal controversy.
Seguro promulgated the measures on 31 August, three days after the Constitutional Court unanimously rejected challenges to all 11 provisions he had referred for review.
The legislation, backed by Portugal’s centre-right government, introduces tougher and more detailed rules on the entry and residence of foreign nationals, deportation, detention and asylum procedures. It is also designed to bring Portugal’s migration system into line with the European Union’s new Migration and Asylum Pact.
The reforms have exposed a politically sensitive divide over how far Portugal should go in tightening migration controls while protecting children, families and people seeking international protection.
Parliament approved the package on 17 July, with the governing PSD and its allies CDS and Iniciativa Liberal voting in favour. The right-wing Chega party abstained, while left-wing parties opposed the legislation.
Seguro then sent the most contentious provisions to the Constitutional Court, citing concerns over the rights of children and the proportionality of restrictions on the freedom of foreign nationals.
The court ultimately found no constitutional grounds to block any of the measures.
Foreign parents face new rules
One of the most politically contentious changes concerns foreign nationals caring for Portuguese children.
Under the new legislation, foreign parents or carers of Portuguese minors can, in certain circumstances, face removal or expulsion. But the Constitutional Court made clear that such decisions cannot be automatic.
Authorities must examine each case individually, taking into account the child’s best interests and the preservation of family life.
The law also changes existing protection against removal by introducing a five-year residence threshold. As a result, children born in Portugal who are younger than five will no longer automatically benefit from the previous safeguard.
The Constitutional Court said the threshold was not manifestly arbitrary, noting that similar approaches exist elsewhere in EU law, including Spain.
Detention powers expanded
The reforms also strengthen the framework for holding foreign nationals while removal procedures are carried out.
Detention of minors seeking international protection is prohibited as a general principle, but can be permitted in exceptional circumstances as a last resort, after authorities have considered less restrictive alternatives.
For some foreign nationals facing removal, the maximum detention period can reach 360 days.
The standard limit remains 180 days, but authorities may extend detention by another 180 days when a person fails to cooperate or when delays in obtaining documents from third countries prevent their removal.
President backs reform after court ruling
The Constitutional Court’s decision on 28 August covered the full range of provisions referred by Seguro, including border-return procedures, refugee protection and measures affecting children and families.
With the court clearing the legislation, the President proceeded with promulgation.
Seguro has said the reforms are desirable, but stressed that Portugal’s migration policy must be applied with legal certainty and remain compatible with the Constitution and the country’s international obligations.
The law marks a significant shift in Portugal’s approach to migration at a time when immigration has become one of Europe’s most politically charged issues.
Its implementation is now likely to become the next battleground, particularly over how authorities balance tougher enforcement with protections for children, families and asylum seekers. Photo by MS2040, Wikimedia commons.