Portugal's Deportation Bill: President Seeks Constitutional Court's Review

The President of the Republic, António José Seguro (Photo by Paulo Spranger)

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Like the other two most recent pieces of legislative reform regarding immigration, the third and final piece, which is the granting of asylum, detention and return of foreigners, was sent to Portugal's Constitutional Court for a preventive review of the parliamentary decree.

The President of the Republic, António José Seguro, has doubts about the constitutionality of the rules for separating families, the length of detention in temporary centers and the rules for appeal, reported Público (August 7).

The final text of this legislation was based on two bills from the PSD/CDS-PP (Social Democratic Party and the People's Party) government. It was approved in plenary in an overall vote on July 17, but it was opposed by PS (Socialist Party), Livre, PCP (Portuguese Communist Party) , BE (Left Bloc) , PAN (People Animals Nature) and JPP (Juntos Pelo Povo), reported TSF Rádio Notícias (August 8)

Instead of signing the decree of the Assembly of the Republic, President Seguro sent it to the 13-member Constitutional Court on August 7. The court has 25 days to analyze the submission, reported Diário de Notícias (August 7).

Change in Constitutional Court Makeup

Since its past rulings on parliamentary decrees on immigration and changes in the penal code for naturalized citizens, the composition of the Constitutional Court has changed with four new members and two resignations. President Seguro swore in the new justices, who were elected by Parliament on a list from PSD (Social Democratic Party), Chega and PS (Socialist Party) on June 15, reported Observador (June 15).

Two judges nominated by PSD, one by Chega and one by PS. On the same day, the president of the court resigned, as planned, as did another member of the court, who had exceeded her nine-year term. Both had been elected on recommendation from PS.

11 Rules Queried

Seguro reaffirmed the need to control legal, fight illegal immigration and guarantee the defense of borders, which are part of the Schengen European Area, read a statement on the President of the Republic website (August 7).

However, he reiterated that the security of borders is not incompatible with human dignity.

"It should be noted that the women, man and children who seek asylum and refuge in our country are fleeing wars, armed conflicts, political persecution and for other humanitarian reasons."

"The President of the Republic attaches enormous importance to the protection of the family and children, and some of the legislative solutions in this Decree raise well-founded doubts as to whether the best interests of the child are being safeguarded."

In the 34-page review request sent to the judges at the Ratton Palace, Seguro queried the constitutionality of 11 rules, including the expulsion of foreigners with Portuguese children residing in Portugal as well as the coercive removal and expulsion of foreign children, under five years of age, who were born in Portugal.

"Substantially" increasing Detention Periods

President Seguro also raised doubts about "substantially" increasing the periods of deprivation of liberty for "foreign citizens who have not committed any crime", through administrative detention. He pointed out that "although, in abstract, the Constitution allows for deprivation of liberty, it also requires "proportionality" in its duration and the possibility of judicial review", according to the President's statement.

Currently, the maximum period in detention in temporary accommodation is 60 days, reported Expresso (August 7).

In his request to the court, Seguro specified:

"(iv) The provision allowing for the detention of a foreign national in a temporary holding facility for up to 180 days -- extendable for an equal period -- in cases where the foreign national fails to cooperate or where there are delays in obtaining necessary documentation from third countries;

"(v) The provision allowing for the detention of international protection applicants in a temporary holding facility or equivalent space for a period of 180 days -- extendable for an equal period -- when the decision not to accept the application is challenged in court, pending a favorable judicial decision to remove the individual from national territory."

Opposition

Several entities, including the Superior Council of the Public Prosecutor's Office (CSMP), the Superior Council of Administrative and Tax Courts (CSTAF) as well as the Portuguese Refuge Council (CPR) and the United Nations High Commissioner for Refugees (UNHCR) issued negative opinions of the legislation, warning of potential unconstitutional aspects, reported Expresso.

In May, when the law of asylum, detention and return of foreigners was in discussion in Parliament, President Seguro summoned several immigrant authorities and associations to Belém Palace "to listen to and gauge the main difficulties faced by foreign citizens in Portugal".

Two Previous Immigration Laws

Seguro, who was elected to office in February, had been criticized by the parliamentary left, in May, for enacting the Nationality Law but, even then, he had issued several warnings with it, cautioning that pending processes should not be affected and that no one should be harmed by the State's slowness.

In October 2025, then-President Marcelo Rebelo de Sousa signed the Foreigners' Law, the immigration-tightening legislation which marked a sharp departure from Portugal's immigration policy.

Police Force for Immigrants

Also, in July 2025, Parliament approved creation of a police force for immigrants within the Public Security Police, reported Público Brasil (July 17, 2025). The National Unit for Foreigners and Borders (UNEF) is responsible for controlling the borders and removing illegal immigrants or people whose application for legalization has been rejected by the authorities.