Portuguese Bill Restricting Nationality Awaits President's Action

Descendants of Portuguese Sephardic Jews would lose easier access to becoming Portuguese citizens as reparations for the Portuguese Inquisition in which the sentencing, the auto-da-fe, was pronounced in public session, cloaked in solemnity, in places where a great number of the public could be present, such as town squares. A sermon preceded the reading of the sentence, followed by a procession of great circumstance, leading to the place of execution of the sentence. In Coimbra, the site was at the Pátio da Inquisição. Auto de fe, oil painting by Francisco Rizi, Madrid, 1683)

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After three voting postponements and much spirited discussion among the political parties, Parliament approved a revision of the Lei da Nacionalidade (Nationality Law), which cites stricter rules and longer deadlines for applying for Portuguese citizenship.

"Today, Portugal becomes more Portugal. . . . Today, we vote and decide who our people are," said Minister of the Presidency António Leitão Amaro, during the vote on the new Nationality Law, approved on the evening of October 28, according to Diário de Notícias (October 28). The legislation required an absolute majority of deputies, at least 116 out of 230, reported RTP Notícias (October 28).

The Social Democratic Party (PSD), Chega, Liberal Initiative (IL), Social Democratic Center — People's Party (CDS-PP) and Together for the People (JPP) parties voted in favor, totaling 157 votes, while the Socialist Party (PS), Livre, Portuguese Communist Party (PCP), Left Bloc (BE) and People, Animals and Nature Party (PAN) voted against, with 64 votes.

"Portugal has experienced an uncontrolled immigration policy in recent years with consequences and challenges that everyone feels and that we all have to deal with for a long time," said Prime Minister Luís Montenegro, according to O Jornal Económico (October 28). "To resolve the serious situation that has arisen, we have been implementing structural reforms in both immigration and nationality law."

The immigration law to which Prime Minister Montenegro referred was the amended Lei de Estrangeiros (Foreigners' Law), the immigration-tightening bill which President Marcelo Rebelo de Sousa signed on October 16.

In order to become law, the Nationality Bill needs to be signed by President Marcelo Rebelo de Sousa, who faces a 20-day deadline after he receives the decree unless he requests a review from the Constitutional Court, which he had done with a previous version of the Foreigners' Law. He has veto power with or without consulting the Court.

Among other caveats, the Nationality Bill would revoke the special regime for descendants of Sephardic Jews; increase the residency period for Portuguese citizenship application for citizens of the European Union, the Community of Portuguese-speaking Countries and all other countries; tighten restrictions on children born in Portugal gaining citizenship; require proof of financial subsistence; demand knowledge of Portuguese language and culture, and strip citizenship from those who fraudulently acquired it.

Sephardic Jews

The Nationality Bill would revoke the 2015 amendment, which has had subsequent changes, for descendants of Portuguese Sephardic Jews, who could become citizens without a residence requirement as a way of making reparations for the Portuguese Inquisition's estimated 40,000 victims in the Portuguese Empire between 1536 and 1794, according to The Marrano Factory: The Portuguese Inquisition and Its New Christians 1536-1765.

Descendants of Sephardic Jews would have the same access to citizenship as other applicants. Who are Sephardic Jews?

“Jerusalem was laid to waste by the conquest and destruction of the Second Temple by Roman Emperor Titus in 70 AD. Jews were forbidden to stay and thus were forced into a long diaspora that was to lead them to the Iberian Peninsula, Sepharad, around the 2nd or 3rd century. The peninsular Jews are therefore called Sephardic Jews, distinguishing them from those who settled in central Europe, the Ashkenazi Jews.”

Lengthened Residency Requirements

For immigrants seeking naturalization, the legal residency requirement for application would be extended from five to seven years for citizens of the European Union and the Community of Portuguese-speaking Countries (CPLP), and it would be 10 years for citizens of the United States and other countries.

The founding members of the Community of Portuguese-speaking Countries (CPLP) were Angola, Brazil, Cape Verde, Guinea-Bissau, Mozambique, Portugal, and São Tomé and Príncipe in 1996. East Timor joined in 2002, after achieving independence, and Equatorial Guinea joined in 2014.

Financial Independence

For Portuguese citizenship, foreign citizens would have to meet a series of requirements, including guarantees of "the ability to provide for their own subsistence", a point which Chega managed to secure the Social Democratic Party's (PSD's) approval, reported Expresso (October 28).

Children Born in Portugal

Other main changes would affect children born in Portugal.

Children born in Portugal would have Portuguese nationality only if "one of the parents has resided legally in national territory for at least five years", another measure supported by Chega, reported CNN Portugal (October 28). The current law requires one year, according to O Jornal Económico.

Also, the bill would end the naturalization of children born in Portugal to foreigners who are in the country illegally. The current law opens the possibility of naturalization to those who are "children of foreigners, regardless of their legal title".

Furthermore, citizenship only would be obtained by those who "have sufficient knowledge of the Portuguese language and culture, history and national symbols through a test or certificate".

Also, applicants for citizenship cannot have been sentenced to a "prison sentence of two years or more", reported SIC Notícias (October 28).

Loss of Nationality

In the Nationality Bill, Chega and the governing PSD, the two largest parties in Parliament, reached the agreement on Chega's proposal to strip nationality from anyone who obtains it fraudulently.

However, the bill leaves out Chega's controversial requirement to automatically strip nationality from those who commit serious crimes, according to O Jornal Económico.

Instead, PSD, CDS, Chega and IL approved an amendment to the Penal Code, which would provide for the possibility of a judge applying the loss of nationality as an additional penalty for serious crimes, reported CNN Portugal (October 28).

The parliamentary left-wing benches voted against it. The Socialist Party already has said that the loss of nationality could be unconstitutional.

As with the Nationality Bill, the Penal Code amendment received 157 votes in favor and 64 against, when it only needed an absolute majority of 116 of the 230 deputies.

The proposal states that a judge may strip Portuguese nationality from "an agent who has been sentenced to an effective prison sentence of four years or more".

The penalty may be applied if the acts were "committed within 10 years of the acquisition of nationality and if the perpetrator is a national of another State, which immediately rules out the possibility of a citizen becoming stateless as a result of this penalty.

The Nationality Bill also provides that "anyone sentenced to the loss of nationality as an additional penalty for the commission of the aforementioned crimes . . . may only request its reacquisition under the general terms defined in the Nationality Law, 10 years after the expiry of the period for definitively cancelling the registration of the respective sentences in the criminal record."

When Law Becomes Effective

The Socialist Party's (PS's) demand to have a transitional period until March of next year was rejected by the government parties.

The new law would come into force the day after its publication.

The Nationality Law regulates whether a person is or can become Portuguese, whether by nationality at birth or by acquisition (naturalization). Created in 1981, it has undergone several changes, according to CNN Portugal (October 28).

"Returning Order to Chaos"

"This law defines who we are, what we value, and the country we will leave behind," Prime Minister Luís Montenegro said, shortly after the vote, according to Diário de Notícias (October 28). "Nationality is the recognition of a deep bond and should not be trivialized. Dignifying it means dignifying every Portuguese person."

Luís Montenegro defined the recently approved Foreigners' Law and the Nationality Bill as "returning order to chaos". He announced that a bill to expedite immigrant deportations , which he called the "law of return", will be presented soon to Parliament.

The bill would be another step in changes in immigration following the creation of the National Unit for Foreigners and Borders Unit (UNEF) within the Public Security Police (PSD) in July. The National Republican Guard (GNR) also has increased immigrant surveillance across the country.

Currently, Portugal's population is 10.7 million, according to the National Statistics Institute, of which more than 1.5 million are foreign citizens, according to the Agency for Integration, Migration and Asylum (AIMA).

Portuguese Emigration: "A Feature of Our Identity"

Portugal, itself, has a long history of emigration which remains vital today.

According to Portuguese Government: Foreign Affairs:

"There are more than 2 million Portuguese emigrants around the world today, and if we take into account the descendants of Portuguese emigrants, the population with Portuguese origins in hosting countries would be around 5 million – more than 40 percent of the population residing in the national territory – a diaspora that reaches the five continents.

“Not only does Portuguese emigration remain a constant feature of our identity, as it continues to shape our imagination and our society, but it also constitutes a valuable cultural, political and economic heritage due to its size, diversity and geographic spread."