Portugal's President OKs Deportation Bill

President of the Republic of Portugal, António José Seguro (Photo by António Cotrim/Lusa)

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Three days after the Constitutional Court decided that the bill of deportation and asylum was in keeping with the Constitution, Portugal's President António José Seguro promulgated the bill on August 31, stating that reforms in these matters "are desirable" but that "they must be carried out with legal certainty and respecting the Constitution", reported SIC Notícias (August 31).

With the President's signing of the lei de retorno e asilo, the third and final piece of major immigration legislation, the law will take effect after publication in the Diário da República (Official Gazette).

President's Explanation

President Seguro explained his decision on the Presidency's website:

"The President of the Republic requested the Constitutional Court to carry out a preventive review of the constitutionality of certain provisions of the decree of the Assembly of the Republic which amends the regimes for the reception of foreigners or stateless persons, the entry, stay, exit and removal of foreigners from the national territory and the granting of asylum, in particular, because he had well-founded doubts as to whether the best interests of the child were being safeguarded and whether the proportionality of the duration of the deprivation of liberty of foreign citizens, who have not committed any crime, was being guaranteed by administrative decision.

"In making the decision, the President of the Republic stated that reforms in these areas are desirable, but that they must be carried out with legal certainty and in compliance with the Constitution of the Portuguese Republic and existing international instruments.

"The Constitutional Court ruled that the norms in question were not unconstitutional, also clarifying interpretative doubts and providing guidance for courts and administrative authorities, particularly regarding the concerns expressed by the President of the Republic about the expulsion of children born in Portugal, the possibility of separating parents and children, or the expulsion of refugees deserving of international protection.

"In light of the above, the President of the Republic has enacted the decree."

Assembleia da República

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). Chega abstained from the vote.

Reactions to Constitutional Court Decision

After the Constitutional Court found the bill to be constitutional, the Minister of the Presidency, António Leitão Amaro (PSD) said that the lei de retorno e asilo would help authorities decrease illegal immigration, emphasizing that "violating the law has consequences", according to Observador (August 28).

José Luís Carneiro, Secretary-General of PS, said that the party would respect the Court's decision. "When we respect the decisions of sovereign bodies, we respect them in their entirety, whether we agree or disagree."

Livre Member of Parliament Paulo Muacho said that the party respects the decision of the Court but maintains its criticism of the bill.

When the President sent the bill to the Constitutional Court for review, Chega said the decision was "irresponsible", reported Observador (August 8). It is "extremely serious, especially in a context where thousands of people have invaded Ceuta with the aim of reaching Europe".

After the Court's decision, the Portuguese Communist Party (PCP) said the decision potentially could lead to "aggravated constraints" and generate injustices for many immigrants, "particularly due to the slow response to their claims", the PCP told Lusa, according to Observador (August 28).

Warning of Avalanche of Lawsuits

Two days after the Constitutional Court decision, there had been a warning from the Superior Council of Administrative and Tax Courts said that the lei de retorno e asilo would lead to "an exponential increase in lawsuits", further delaying decisions. The Superior Council, already overloaded, handles the thousands of lawsuits against the Agency for Integration, Migration and Asylum (AIMA), which take an average of two years and four months for resolution.

Other Immigration Laws

The previous two major pieces of legislative reform regarding immigration also had been sent to the Constitutional Court and have since been enacted into law. They were the Nationality Law, which President Seguro promulgated with warnings in May, according to Expresso (May 3) and the Foreigners' Law, which received 70 percent approval in Parliament, and which President Marcelo Rebelo de Sousa signed in October 2025, acknowledging a wave shift in the country, according to Expresso (October 16, 2025).